Apartment owners association maharashtra

Is the Apartment Owners Association registered with the Registrar of Firms and Societies?

What is there in the Memorendum of Association and Articles of Association?

Engage a local lawyer, consult and proceed accordingly.

you have to file a civil suit for mandatory injunction directing the flat owner to pay the maintenance charges (including dues). The charges for court fee are very nominal since it is not title dispute.  The Soceity can collect charge amount on transfer of flat but it should not be exhorbitant. 

Mr. /Ms Indian 12345,

Do you named as such by ...........?  Anonymous author

Hi, Sorry Dr J C Vashista , could not get what you mean by "Do you named as such by ...........? "

Hi,

Thanks Ravinder.P sir. Can you tell me the approximate fees (including lawyer's fee) for filing a civil suit for mandatory injunction . I would then request the association to approach a lawyer and ask him to file a suit.

Also can the lawyer's fee also recovered from the defaulter since he is the one who is being arrogant and adamant and not paying the dues on time.

Thanks.

1. Are you a registered Association?

2. If you are not a registered association, have you got a Memorandum of Association passed at a General Meeting of all the members with recorded minutes the meeting and attendance with signatures of all the attending members.

If so,  what you can do will depend on what the MOA says. MOA should say about Office Bearers, how they are elected /appointed and their powers. If so you can file a civil suit following what the MOA says. If you are not registered, nor do you have an MOA anyone who says that he represents the Association can be challenged in a court of law.

3. If you are a registered Association under which Act are you registered?

I think the number of members you have, is not sufficient to form a co-operative society.

Other available registrations are (1) as a company (2) under the Socieites Registration Act or (3) registration your MOA with Registrar of Assurances.

(1) If you are registered as a Company the Law provides for the recovery of dues, which you can follow. You will have to engage a lawyer.

(2) If you are registered under the Socirties Registration Act, in Maharashtra it is compulsory to register under the Public Trusts Act also. The latter provides enough powers for recovery of dues.

(3) If your MOA is registered with the Registrar of Assurances, it is better than an unregistered association with an unregistered MOA. You will have to follow the civil suit route.

Dr. J. C. Vashista is asking whether Indian 1 2 3 4 5 is a real name or a psuedonym.

Thanks Dr. MPS RAMANI. I will ask the Association about the registration !

Indian 12345 is not a real name , its just a fictitious name.

No reply for anonymos or fictitious author

Sorry Dr J C Vashista, but I fail to understand why no reply to fictitious name. I might change my name to any real name so how this will change your perception. I think the forum is for the people to take help from experience lawyers like you so that they are not misguided. At the same time the forum says "This is a public forum. Avoid posting content which you do not wish to disclose in public". I think disclosing my name in public is not needed.

Thanks.

Everything is alright, but what was the necessity to repeat the query in different threads?  You have repeated the same query on a different thread in this forum for which I have already given my opinion,but coming across the repetition, really discourages to  render any opinion.  Better post all your queries in the same thread.