Society maintenance
Possession of my flat has been taken my bank and society maintenance is pending who is liable for it and how can it be waived
( Thane, Maharashtra )
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Last Updated On 18-May-2025
A.
Dear Client,
Society maintenance charges are payable by the owner/member of the Society, even if it is attached and possessed by the Bank for non-payment of the loan by the defaulted flat owner. A society is empowered to waive or forego the due maintenance charges on the application of any member/owner based on a resolution passed by a 2/3rd majority of votes in a duly convened meeting. The Hon'ble Supreme Court in the case of Rasila S Mehta vs Custodian Nariman Bhavan Mumbai decided on 6 May, 2011, held that members of a society are liable to pay such dues as determined by a society towards the maintenance and upkeep of flats and common utilities. Irrespective of the nature of occupancy, they must pay the maintenance charges. Being a body of individuals, a registered apartment/society, the association, following the provision of Byelaw, can take legal recourse for recovery of unpaid maintenance charges from the defaulted resident/occupier, filing a money recovery suit in the Civil Court.
Society maintenance charges are payable by the owner/member of the Society, even if it is attached and possessed by the Bank for non-payment of the loan by the defaulted flat owner. A society is empowered to waive or forego the due maintenance charges on the application of any member/owner based on a resolution passed by a 2/3rd majority of votes in a duly convened meeting. The Hon'ble Supreme Court in the case of Rasila S Mehta vs Custodian Nariman Bhavan Mumbai decided on 6 May, 2011, held that members of a society are liable to pay such dues as determined by a society towards the maintenance and upkeep of flats and common utilities. Irrespective of the nature of occupancy, they must pay the maintenance charges. Being a body of individuals, a registered apartment/society, the association, following the provision of Byelaw, can take legal recourse for recovery of unpaid maintenance charges from the defaulted resident/occupier, filing a money recovery suit in the Civil Court.
Posted On 18-May-2025
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