Unregistered  Apartment Owners Association :Limitations on MMC Penalty Arrears Unregistered Apartment Owners Association :Limitations on MMC Penalty Arrears

4 months ago

I am a GPA of my relative who owns an Apartment in such Residency. The Managing Committee levies a high penalty of 10 percent per month of default compounding monthly over extended period of more than three years on AMC/MMC/Misc Charges on all arrears? What is remedy available for member, as Request for Arbitration/Compromise to solve the issue is not yet heeded by the Managing Committee of the Association. What is the remedies that are available for the member against such demands?

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Serving a legal notice to the Association, submit a complaint to the Competent Authority appointed under the State-specific Apartment Ownership Act, i.e, the Housing Dept of the State Govt who is the registering authority of the association. If the matter affects other residents of the housing complex, then a mass petition complaining about the demand of arbitrary and exorbitant charges by the Association to the competent authority may be filed that may resolve the grievance faster than a standalone complaint.
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