Apartment owner association
1 year ago
In my society 10 apartments are there. 7 owners have agreed to be member of registered association. Other 3 don't want to join in association and don't want to pay maintenance fee as well. What can we do legally? All owners and bound to be member by default? What action cam be taken to make them part of members in apartment.
A.If you are talking as per the provisions of the Maharashtra Co-operative Societies Act, 1960, all apartment owners in a cooperative housing society are required to be members of the registered society. Therefore, the 3 owners who do not want to join the registered association and pay the maintenance fee can be compelled to do so.
The first step would be to reach out to the 3 owners and explain to them the benefits of being a member of the registered association, such as access to common facilities and maintenance services. You can also explain to them that membership is mandatory as per the law.
If the owners still refuse to join the association, you can take legal action against them. The registered association can pass a resolution to take legal action against the non-compliant members. You can file a complaint with the Registrar of Cooperative Societies or approach the Cooperative Court to enforce the provisions of the Act.
It is important to note that legal action should be the last resort and efforts should be made to resolve the issue amicably. Mediation or arbitration can be explored as an alternative to litigation.
In summary, the non-compliant owners can be compelled to become members of the registered association and pay the maintenance fee. Legal action can be taken if necessary, but efforts should be made to resolve the issue amicably.
Thank You
The first step would be to reach out to the 3 owners and explain to them the benefits of being a member of the registered association, such as access to common facilities and maintenance services. You can also explain to them that membership is mandatory as per the law.
If the owners still refuse to join the association, you can take legal action against them. The registered association can pass a resolution to take legal action against the non-compliant members. You can file a complaint with the Registrar of Cooperative Societies or approach the Cooperative Court to enforce the provisions of the Act.
It is important to note that legal action should be the last resort and efforts should be made to resolve the issue amicably. Mediation or arbitration can be explored as an alternative to litigation.
In summary, the non-compliant owners can be compelled to become members of the registered association and pay the maintenance fee. Legal action can be taken if necessary, but efforts should be made to resolve the issue amicably.
Thank You
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