Mr. Prasad
2 years ago
3 years back my housing society in Navi Mumbai Maharashtra started collecting Rs. 3000/- per month for building repair. Additional amount was getting billed under repair fund in monthly maintenance
One member has never paid single instalment of this additional amount of Rs.3000/- however he has paid balance amount that come under maintainance in monthly bill.
In such case can this member be treated as defaulter Under Section 101 of Maharashtra Societies Act ?
Recently elected Managing committee members are not willing to take any action against this defaulter being his friends.
Instead, they are initiating repair work with amount collected so far (about 40 Lac) from other members.
What other members should do in such case?
Send a legal notice against the defaulter and newly elected managing committee for the default in the service and lack of performing duty. The rules are applicable same for every member.
For more details, please contact.
Thank you.
As per the facts which have been provided, the association can file a suit against the member who has not paid his part of the share.
Hope this clarifies your query and requirement.
Thank you.
The said Section lays down the simple process to seek arrears and the association can reach out to the registrar and get the due arrears as applicable by moving an application. If some one is a defaulter then he will be required to pay regardless of being a friend to an executive member.
Anonymous
Replied 2 years ago
My question is said defaulter is regularly paying amount in monthly bill under the heads maintainance.
But not paid Rs 3000 extra collected monthly for building repair and painting and claims he has paid maintainance so he is not defaulter
Can managing committee take action against him?
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