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R.SHAH (OFFICE STAFF)     13 April 2011

C.H.S. CAN SOLD FLAT UPON NON PAYMENT OF DUES

HI ALL,

I HAVE NOT PAID MAINTENANCE OF C.H.S SINCE COUPLES OF YEARS AS THE LEGAL DISPUTES IS IN CIVIL COURT, THE SOCIETY HAS NOT SEND ME ANY NOTICE OR DEMAND ANY IN WRITTEN FOR NOT PAYING OF MAINTENANCE. RECENTLY I HAVE SEND THEM LETTER OF MY CORRESPONDENCE ADDRESS IF THEY NEED TO COMMUNICATE ME TOWARDS MY FLAY IF ANY. BUT THEY REFUSED TO TAKE THAT LETTER.

THE SOCIETY CAN REMOVED MY NAME AS MEMBERSHIP OF MY FLAT ?

SOCIETY CAN SELL OUT MY FLAT UPON NON PAYING OF MAINTENANCE?

SOCIETY RECENTLY STARTED PAYING SEPARATE MUNICIPAL , WATER TAXES TO MUNICIPALITY. CAN I PAID DIRECTLY TO MUNICIPALITY TAXES OF MY FLAT AS SCOIETY WON'T GIVE ME NOC FOR TRANSFERING MY NAME IN MUNICIPALITY BILLING. ?

IS THERE ANY PROCEDURE DIRECTLY TRANSFERING MUNICIPAL TAXES INTO MY NAME WITHOUT NOC OF C.H.S. ?

WHAT ACTIONS C.H.S. WOULD TAKE AGAINST MY FLAT UPON NON PAYMENT. REGISTRATION/SHARE CERTIFICATE ETC.. ALL DOCUMENTS ARE IN MY NAME. ?

KINDLY ADVISE ABOVE TO SAVE MY FLAT.



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 April 2011

 

 

Under the circumstances mentioned by you, the Society cannot expel you from membership, nor can they take possession of the flat and sell it. In order to take action against you they should send you demand notice, giving item wise details. Each item should have the support of the byelaw or any valid resolution duly introduced and passed in General Body Meeting. Municipal taxes, electricity and water charges etc. do not need any GM resolution. If you do not pay within the notice period or you dispute the charges, the Society can apply to the Registrar under Section: 101. The Registrar also will ask for detailed justification for each and every item. If the Registrar is satisfied, he will issue a recovery certificate. Once the recovery certificate is issued the Society can recover the amount from you like arrears of land revenue. If you still do not pay, actions including disposal of your flat can be taken. But all that involve elaborate procedure.

 

What are the legal disputes related to? Do they anyway are the reason for not sending the demand notice?

 

In a co-operative housing society, members cannot directly pay municipal taxes, water taxes etc.


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