Housing society member not paying maintenance giving reaons of society not being maintained
Raj Gaonkar
(Querist) 25 June 2013
This query is : Resolved
Hello,
One of the members of my society is not paying full maintenance. She has paid half the dues and says that society is not maintained well, so she is not paying remaining half of the amount.
As Chairman, I sent her a letter to attend a meeting and discuss with committee. She has replied that she has no time and she will go legally on this matter.
1. My society is well maintained and all documents and clearly maintained.
2. Can any member decide like this not to pay giving xyz reasons?
3. What is the legal rights a member has in such cases?
4. What is the legal way committee should follow on this?
5. Society is in Pune, Maharashtra.
Kindly suggest.
Thank you,
Raj Gaonkar
R.R. KRISHNAA
(Expert) 25 June 2013
Before taking any legal steps in this regard, I suggest you to send a letter to her seeking reasons for not paying the dues. If no reply is received the association may fix a meeting and discuss the next course of action.
ajay sethi
(Expert) 25 June 2013
make an application under secion 101 of MCS Act for recovery of maintenance dues .
Raj Kumar Makkad
(Expert) 26 June 2013
Society has every power for recovery of the arrears of the maintenance by giving prior notice as per section 101 of MCS act as already suggested.
Hemant Agarwal
(Expert) 21 February 2016
1. A member can always refuse to pay society dues on grounds of non-performance of "Common Amentities & Services". The member should be able to prove the above with documentary evidence in a court.
2. In the above instant, the Society CANNOT file "recovery proceedings u/s 101 of the MCS Act", since the dispute raised by the member would fall u/s 91 of the MCS Act and the Society would have to file the dispute before the local Coop. Court.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
