Legal Question in Civil Rights Law in India
Whether an UNREGISTERED SOCIETY of Apartment Owners has any remedy against nonpayment of Maintenance Charges against any apartment owner or the Developer who still has retained an apartment and an enclosed space in the complex?
Further whether the UNREGISTERED SOCIETY can move against any apartment owner who has no car parking space/garage but keeps his/her car forcibly in the common premises and what are the remedies?
How far the UNREGISTERED SOCIETY can move against any Apartment owner who violates any rule of the Society?
Whether the Police can take any action on the basis of any complaint lodged by the UNREGISTERED SOCIETY?
1 Answer from Attorneys
24.09.2013
Dear Sir / Madam,
YES, the Apartment Owners Association can sue the apartment owner or the Developer for non-payment of Maintenance Charges.
YES, all members are supposed to abide by the rules and regulations of the Apartment Owners Association.
Issues of concern should be addressed to the Registrar of Societies for redressal and settlement.
Regards,
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