If Society Member Not Paying Maintenance?

I am a member of a cooperative society and I know that the money raised from the members through the Maintenance Charges is used to cover costs associated with the common services that the Society offers to its members. The maintenance fees don't bring society any money. Society members not paying maintenance need to understand how crucial it is to pay maintenance fees on time. The member has no authority of non payment of society maintenance for any reason.

A member may request a written explanation from the Society if they believe they were overcharged for the wrong reason. The matter can be resolved amicably if the member meets with the members of the Managing Committee. Even then, a formal request to the Deputy Registrar may be made if the member is dissatisfied in order to have the Society return the added fees.

What can society do if person doesnt pay maintenance?

1. If society member not paying maintenance, then he/she is ineligible to vote in a society's election for the members of its Managing Committee.

2. A defaulted person is ineligible to run for management committee office.

3. According to the high court, a persistent defaulter may be kicked out of society.

4. The member shall be responsible for paying for his or her own legal defence costs, and the organisation will seek reimbursement from the member in question for any expenses incurred.

5. The member should be aware that if a society files for the recovery of dues, the RBI Challan fees, court stamp costs, and legal costs incurred by the society must be covered by the defaulter.

6. It takes time and is stressful to attend trials at the deputy registrar's office.

7. Rules that could be against the defaulter may be drafted and approved by the general body. Societysociety might decide, for instance, to deny the defaulter parking space.

8. If the dues are not paid, the defaulter member might not sell the apartment or unit. In the event that the dues are not paid, the society may decline to provide NOC.

9. No financial institution will grant a loan to a defaulter, and the society won't grant a NOC to the member.

Now you know all that a society can do if society members not paying maintenance.

This happened in the last society I lived in. My neighbour and a good friend of mine had been avoiding the payment of maintenance charges to society for months. I had reminded him of making the payment for it multiple times but he was adamant about not paying the charges. And then I came to know that there were many occupants in the society who were not paying the maintenance charges. Ultimately he and all the others got a notice to society members for not paying maintenance.

What if society member is not paying maintenance?

If the members of a society are not paying the maintenance charges, they are issued a notice for non payment of society maintenance charges, which looks like this.

To

The member name,

Flat no.

Address.

Sub: Notice for maintenance charges due.

Dear [member name],

This is in reference to the flat/house number ___'s unpaid maintenance fees.

Every society member is required to pay maintenance fees by the fifth of each month, but despite regular reminders, you have not done so.

A total due amount of ____ Rs which includes the interest of __% for delayed payment.

Please take this letter seriously. Any failure to pay the pending dues by [date] leads to legal action.

We anticipate your cooperation with us.

For the [society name]

Authorized signatory,

Designation.

What happens if society maintenance is not paid?

It should be of interest to the Managing Committee members to collect maintenance charges from the members. If the society maintenance not paid for a long time then this means that the defaulters are making use of all of society's amenities at the expense of the other members, who have to pay maintenance fees on a regular basis. Such conduct is against the law.

The society may send the society maintenance defaulters notices and warnings to pay the dues, but if the defaulter continues to ignore them, the society has the right to file a complaint against the defaulter with the deputy registrar's office in accordance with Section 101 (now Section No. 154 B-29, which has undergone revisions). The society should give its members a chance to express their opinions before taking drastic action. 

Now you about the notice to society members for not paying maintenance.

Let's discuss

what happens if society member is not paying maintenance

.

The

cooperative housing societies use maintenance charges to cover various expenses related to the maintenance, repair, and management of common facilities and amenities.

Here's how to deal with if a society member not paying maintenance:

1. Communication:

   The society management committee should communicate with the member who is not paying their maintenance charges because it can be due to genuine reasons like financial difficulties, misunderstanding, or oversight.

2. Reminders:

   The society can send reminders to the members, either in writing or through email, reminding them of their due to paying maintenance charges.

3. Late Payment Charges:

   Many housing societies impose late payment charges on dues. These charges can act as an incentive for timely payments.

4. Discussion:

   If the member is facing genuine financial difficulties, the society management can allow partial payments or postpone the dues for a short period.

5. Demand Notices:

   If the member continues to ignore reminders, the society can issue demand notices specifying the outstanding amount, and a deadline for payment.

6. Disconnection of Services:

   Some societies also disconnect certain services like water, electricity, or parking facilities for members who consistently default on maintenance payments.

7. Legal Action:

   The society can also file a case in a civil court to recover the outstanding dues if the member's non-payment continues.

8. Recovery Certificate:

   The housing societies can also obtain a recovery certificate from the Registrar of Cooperative Societies. It allows them to recover the outstanding amount as arrears of land revenue.

Remember that housing society bylaws, state laws, and regulations play an important role in determining the specific steps that can be taken if society members are not paying maintenance charges.

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