Need to recover maintenance fee from an owner of a apartment society
3 years ago
Hi, Need help who to recover maintenance fee from an owner who has settled in USA but not paying maintenance fees for her flat in a society. Can we send her legal notice? Also, apartment society is non profit organisation, the legal expenses should be born by the society or the owner who is not paying the maintenance?
Suneel Moudgil
Responded 3 years ago
A.1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest,
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
3. you can claim the legal expenses also from the flat owner,
2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount,
3. you can claim the legal expenses also from the flat owner,
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A.I have gone through your query in detail.
1) Sorry to say but you have not mentioned in which state, district and city your society is ?
2) Has your society been a registered cooperative society in the societies act if that is the case then you can first send 3 reminder from the society itself if he have not replied for your three consecutive reminders then you can send a legal notice from a Lawyer to the flat owner
3) What are the ways of communication you have currently as so you have not mentioned like email, whatsapp, some caretaker etc. Also whether the currently flat is in a locked position or it is currently open & given on Leave & License Agreement.
4) If he is not paying the maintenance ……what about the electricity Bills, charges as has his ELECTRICITY METER been disconnected from the society.
5) After sending Notice from a lawyer we can immediately proceed the complaint with the Sub- registrar through a Lawyer & requesting for the auction and selling of the flat legally ……so no need to worry regarding the Balance Maintenance.
6) Also all the legal expenditure currently it should be Borne by the society itself as we are availing all the Legal Services from a professional Lawyer and if able to approach the owner of the Flat he will be liable to pay
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) Sorry to say but you have not mentioned in which state, district and city your society is ?
2) Has your society been a registered cooperative society in the societies act if that is the case then you can first send 3 reminder from the society itself if he have not replied for your three consecutive reminders then you can send a legal notice from a Lawyer to the flat owner
3) What are the ways of communication you have currently as so you have not mentioned like email, whatsapp, some caretaker etc. Also whether the currently flat is in a locked position or it is currently open & given on Leave & License Agreement.
4) If he is not paying the maintenance ……what about the electricity Bills, charges as has his ELECTRICITY METER been disconnected from the society.
5) After sending Notice from a lawyer we can immediately proceed the complaint with the Sub- registrar through a Lawyer & requesting for the auction and selling of the flat legally ……so no need to worry regarding the Balance Maintenance.
6) Also all the legal expenditure currently it should be Borne by the society itself as we are availing all the Legal Services from a professional Lawyer and if able to approach the owner of the Flat he will be liable to pay
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Hi, First serve legal notice see response if he doesn't pay then take the next step with the help of lawyer.
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A.Dear Sir,
It can be recovered by issuing a legal notice then filing suit for recovery. If suit decrees the owner has to pay court expenses and advocate fees.
It can be recovered by issuing a legal notice then filing suit for recovery. If suit decrees the owner has to pay court expenses and advocate fees.
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