They can recover the maintenance by fiiing appropriate proceedings before competent authority against the member along with interest. Before the said proceedings they need to follow guidelines and provide you notice 

It is not clear whether the said association is registered udner any local Act or not. if yes then its remedial actions depends on the Rules and Regulations of the said Act.

otherwise a simple suit for recovery of money will lie against the defaulting member. 

If the association is a registered body then it can sue the defaulters for recovery of defaulted maintenance amount along with interest as per bylaws. 

The cost and the lawyer fee would be informed by the lawyer. 

Yes, a housing society or association can take legal action against owners for non-payment of maintenance charges. The specific actions and procedures may vary depending on the jurisdiction and the by-laws of the society. Here's a general overview:

*Possible actions:*

1. *Sending demand notices*: The society can send repeated demand notices to the defaulting owners, specifying the amount due and the deadline for payment.

2. *Filing a civil suit*: If the owner fails to pay, the society can file a civil suit in a local court to recover the dues.

3. *Applying for an injunction*: The society can seek an injunction to restrain the owner from selling or transferring the property until the dues are paid.

4. *Imposing penalties*: The society may impose penalties, such as late fees or interest, on the outstanding amount.

*Maximum actions:*

1. *Attachment of property*: In extreme cases, the court may order the attachment of the owner's property to recover the dues.

2. *Sale of property*: If the owner still fails to pay, the court may order the sale of the property to satisfy the debt.

*Cost involved:*

1. *Demand notices*: ₹500-₹2,000 (depending on the advocate's fees)

2. *Filing a civil suit*: ₹5,000-₹20,000 (depending on the court fees, advocate's fees, and other expenses)

3. *Injunction application*: ₹2,000-₹5,000 (depending on the court fees and advocate's fees)

*Time taken to resolve:*

1. *Demand notices*: 1-3 months

2. *Filing a civil suit*: 6-18 months (depending on the court's workload and the complexity of the case)

3. *Injunction application*: 1-3 months

Please note that these estimates are approximate and may vary depending on the specific circumstances and the efficiency of the legal system.

As a non-defaulter owner, you may not be directly affected by the legal action. However, you may still incur additional costs, such as:

1. *Increased maintenance charges*: To cover the costs of pursuing legal action against defaulters.

2. *Special levies*: The society may impose special levies on all owners to cover the costs of legal action.

Yes, a building or society association can take legal action against owners for non-payment of maintenance charges. Typically, the process begins with a demand notice sent to the defaulters, followed by a recovery suit filed under applicable laws, such as the Societies Act or Cooperative Societies Act. The association may also claim interest on the unpaid amount as per the society’s bylaws. If the default continues, a court order can enforce recovery, including attachment of property or assets, and in extreme cases, the court may allow auctioning the flat to recover dues. Some associations impose restrictions on access to non-essential facilities like clubhouses, but essential services such as water and electricity cannot be disconnected. Legal costs for such actions can vary, typically ranging from ₹10,000 to ₹1,00,000 or more, while resolution might take anywhere from 6 months to several years, depending on the case. For other members, such legal action could lead to increased financial burden due to legal expenses and delayed recovery of funds. To minimize costs and discord, the association can consider mediation or arbitration before resorting to litigation and ensure regular communication with members about dues and consequences of default.

Society can file a suit against the owner against the owner for non-payment of maintenance charges

Legal fees vary depending upon the lawyer engaged by you

RAW is body formed under RERA. It can take legal action against any defaulting member in Civil Court not before Deputy Registration of Societies. It can file a suit for recovery of arrears of maintenance  from defaulting member. Cost depends on requirement of legal service like fee for legal notice, Court fee and Advocate’s fee. It can be anything between 20K to 50K.

Yes, associations can take legal action against owners for non-payment of maintenance. Actions include:

1. 
   Legal Notice: Sent to defaulters demanding payment.
2. 
   Court Case: Filing for dues recovery, possibly with interest/penalties.
3. 
   Restrict Amenities: Access to certain facilities may be withheld.

Cost & Time:

• 
  Legal Notice: ₹2,000–₹10,000.
• 
  Court Proceedings: ₹20,000+; may take 6 months to 2 years.

Non-defaulters may share legal costs unless specifically charged to defaulters. Discuss with your association to avoid unnecessary expenses.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

- As per rule, the maintenance charges levied by a housing society/association are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.

- Further , the society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

- Further, the society has to bear these expenses even if some individual members’ houses may be lying vacant and not constructed house in his plot.

- Hence, each member is liable to pay the monthly maintenance charges to the society even if the owner is not residing not the house.

- The society can send a legal notice to the defaulter and even can cancel the membership in case of non payment of the maintenance. 

I hope the society has passed a resolution to charge maintenance as per the rates agreed by owners. If so, the maintenance can be recovered.

G.Rajaganapathy

Advocate

High Court of Madras

If your association is registered  with the local  competent authority under the local Apartment Act, then:

The Association of Apartment Owners may approach the Competent Authority with a request for
recovery of amount lying unpaid for a period of more than 12 months and which is due towards the
common expenses payable in respect of an apartment, and the Competent Authority, on being satisfied,
shall take appropriate action for its recovery from the owner of that apartment as arrears of land revenue.

First, the bylaws of the association should specifically state whether the association could proceed with legal action against its members for any default in paying monthly maintenance charges. If not, the action is ultra virus and can be legally challenged. Please share what the bylaws say on this point, so as to get more appropriate advice.

Dear Client,

Yes, even an association of thebuilding or society can file a suitagainst owners for non-payment of maintenance charges. The association under the Society Registration Act or the relevant state cooperative housing society laws can issue a legal notice to the defaulters to pay the pending dues. In case of continuous default, the association may file a civil suit in the local court or the consumer forum for recovery of the dues. The association may also impose fines or interest as allowed by the bylaws and refuse access to common facilities like parking or clubhouses (if allowed by the rules).

Cost of litigation is borne by the lawyer's fees and court costs which are usually recoverable from the defaulters in case the case goes in favor of the association. The length oftime differs and can sometimes take several months to a number of yearsaccording to the caseload of the court. It is best that the members approach an alternative dispute resolution mechanism such as mediation to avoid unnecessary costs for other members. Make sure that the association follows proper legal procedures to protect the interests of all its members. Let me know if further clarification is required.