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minsal (Jr. Advocate)     15 May 2016

Dispute between society and deemed member

I want to know that can a co-operative society issue a maintenance bill to the occupant?

In one of my matter the society on one hand is not ready to join one flat owner as a member of the society and demanding a huge amount for the membership and on the other hand regularly sent the maintenance bill and collecting the charges from them as an occupant. is it valid?

can society issue a bill and demand the charges from the occupants?



Learning

 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 July 2016

1. The Society is entitled to bill for all units in its building which could be occupied by Members .OR. Non-Members (Occupants), provided the units have been duly sold by the builder. 2. Membership of a Society is not compulsory or Mandatory and the Unit-Purchaser can easily & perpetually chose to remain as non-member (occupant), and the Society CANNOT do anything about it (subject to certain parameters). 3. In case of default by a non-member (occupant), the Society CANNOT file recovery proceedings under the Cooperative Act, BUT can file recovery proceedings under the Civil Procedure Act. Keep Smiling .... Hemant Agarwal VISIT: https://www.maharashtra-society-help-forum.com

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