- As per the Co-operative Societies Act, Each apartment owner/member shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment.
- Further , failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the association head or the management committee on behalf of the Association of Apartment Owners .
- Hence, if any flat owner is not paying the maintenance charges, it is open to the association to demand the same from the defaulting member in accordance with law,
-Further, each member is liable to pay the monthly maintenance charges to the society irrespective of whether the member has not constructed the house in the plot or not living in the house after constructing the same.
- Hence society can take legal action against the defaulter after sending a legal notice for the same , and if no response then society can recover the amount after filing a recovery suit before the court.
- Cost of filing suit is depend upon the lawyer to whom engaged.