Regarding legal notice received from advocate
kanwal
(Querist) 18 November 2015
This query is : Resolved
Sir,
I am allottee(lessee) of one flat from HIMUDA at Shimla. Few residents being allottees have registered a society under the name and style of Resident Welfare Society for providing 24x7 security, cleaning of roads and lifting of garbage from the bins. The charges they have mentioned Rs. 2500/- as member ship fee and Rs. 2000/- annually. About 90& have become their members.
However, I am not residing there and the flat is locked. For a brief period it was rented out. Since I am not residing thus not availing their facility at all.
Now I have received notice from their advocate for payment of all dues for the last 05 years and to become member within 30 days failing legal action will follow.
It is also particular to mention here the HIMUDA is charging maintenance charges of the area and i am regularly paying their dues. The area is within control of HIMUDA and has not been transferred to any local authority
So kindly advice my legal position and if i keep on silent for not responding to their legal notice, what will harm in near future as I am not interested to become their member and to pay their dues for not availed any benefits from the society.
Anupam Lahiri
(Expert) 19 November 2015
Some clarification is required:
1. What is the status of the Resident Welfare Society?
2. Whether there is any Apartment Owners Association? Whether the Association is the same as that of the Society?
3. Whether you have ever become a member of the Society?
kanwal
(Querist) 19 November 2015
Thank you sir. The information is as under:
1. It is registered under Societies Act by few allottees those are permanently resided. Later on some other allottees who seldom visit their flats during summer have also joined as members on different dates.
2. There is no Apartment Owners Association. Society is the same.
3. No I have never become their member nor utilized their services as mentioned above.
Anupam Lahiri
(Expert) 19 November 2015
From the facts it appears that the Society might have been the Apartment Owners Association. As per the HP Apartment Ownership Act, 1978 it is mandatory to have one such Association.
In case the society is such association, it can enforce the charges. Even if you do not reside there still you have to pay because you are the owner of the apartment.
However, for your defence, chek up one thing-whether the society has been registered with the Authority dealing with the apartment matter in HP.
Rajendra K Goyal
(Expert) 20 November 2015
Reply the notice through your lawyer. Meanwhile find out the legal enforce ability of the association in reference to local rules.
