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How to collect Maintenance charges?

Last updated: May 3 2020
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  • How to collect Maintenance charges?

    There are many rigid and stubborn people in many societies who just refuse to pay a single penny towards maintenance. In our society there r about 15-20% who haven't paid since past one year.

    Based on your experience... how to collect from them.
    (I know there is no legal way)
    Kindly suggest...
  • #2

    #2

    Re : How to collect Maintenance charges?

    Originally posted by dipyjonty View Post
    There are many rigid and stubborn people in many societies who just refuse to pay a single penny towards maintenance. In our society there r about 15-20% who haven't paid since past one year.

    Based on your experience... how to collect from them.
    (I know there is no legal way)
    Kindly suggest...
    Shut-off their water !

    Comment

    • #3

      #3

      Re : How to collect Maintenance charges?

      collection of maintenance

      Every society has a fair share of such "gentlemen" who fail to pay society charges.
      My suggestions
      Display names on notice boards as defaulter and circulate such names in a manner that every member is aware of such people.
      Do not pick up their garbage.
      Do not let car cleaners clean their vehicles.
      Stop them at entrance and ask them to enter their vehicle details every time they go or out through the gate
      Write to their employers in official stationery under signature of chairman/Secretary of Coop society.
      Give them legal notice and write to Registrar of societies.(u/s 101 of Maharashtra co op society act)
      MC should keep their records and expenditure in transparent manner giving no member opportunity to have doubts that expenditure is not being in interest of society.
      Proper healthy interaction among members in terms of religious celebration,joint celebration of all types of important festivals and some get togethers will improve social fabric and members will feel more involved in society making such failure to pay Maintenance charge less.

      Comment

      • #4

        #4

        Re : How to collect Maintenance charges?

        Originally posted by Superduper View Post
        Shut-off their water !
        Not sure if this is legal, as per my knowledge, stopping Water is illegal,

        Any expert in law please confirm.

        Thank you,

        Comment

        • #5

          #5

          Re : How to collect Maintenance charges?

          Stopping water or electricity is illegal and society can come under purview of various sections. The only logical and legal option is to enroll in Housing Society Federation of Maharashtra and then contact registrator office .........they can the appoint recovery agent to recover dues.........

          Comment

          • #6

            #6

            Re : How to collect Maintenance charges?

            Originally posted by vivek.cap View Post
            Not sure if this is legal, as per my knowledge, stopping Water is illegal,

            Any expert in law please confirm.

            Thank you,
            What Vaibhav said basically amounts to shaming them and causing them some minor inconveniences....but you know what, these deadbeats are prepared in advance for what's to come.
            Most of the time they don't live in the building that they are trying to dump.


            Vivek.....
            You are right...it is probably illegal to shut off water.
            But so is ANYTHING else society may decide to do about these deadbeats.
            I just wanted to highlight that there is usually NOTHING EFFECTIVE common people can do.


            Avinash..
            You must be a lawyer to know this stuff..!
            How fast and effective the process you described above is ?

            Thanks
            Last edited December 20 2012, 10:15 PM.

            Comment

            • #7

              #7

              Re : How to collect Maintenance charges?

              I am absolutely not an expert in this area at all, and following is just my suggestion/opinion....but thinking about this problem, here is what I would do:
              - Meet up with the defaulters one by one by taking 5-6 society committee members going to their homes, drinking tea, pohe etc and spending some time there
              - Create a by-law in the society regulations to start charging interest, say at the rate of 2% monthly compounded.
              - Make the Society NOC process clear. Start charging X amount for share transfers + no dues for getting society NOC for any sale.
              - Make sure this is communicated to everyone (using registered post), and on society boards etc.
              - When the compound amount starts getting bigger, use other suggestions as above (taking away privileges like use of common areas; play courts; booking society hall; publicizing the names of defaulters etc.)

              Really not sure if any of this will be effective, but good luck!

              ~D

              Comment

              • #8

                #8

                Re : How to collect Maintenance charges?

                society charges

                Originally posted by avinasht View Post
                Stopping water or electricity is illegal and society can come under purview of various sections. The only logical and legal option is to enroll in Housing Society Federation of Maharashtra and then contact registrator office .........they can the appoint recovery agent to recover dues.........
                Cutting of water and electricity is illegal.No doubt about that.That is why I did not recommend such actions. Shaming them is a good option,but some are beyond shame.
                Going in a group of members also will not work if person is so shameless.You keep raising bills+interest,he will ignore and be awkward.
                Registrar is the only legal option,section 10I MCS Act is the legal provision
                Writing to his employer will be very effective because in case of Government departments,the employee is expected to declare his assets or even his wives assets if wife has no source of income and his rent income is also supposed to be declared.Many government employees fail to do this and they are vulnerable on this score.
                Best approach is friendly manner and make all members psychologically feel responsible for the society as a whole.The management should keep all members informed of all developments,problems by email etc,keep them actively involved by asking suggestions,seeking advice in their sphere of expertise etc.
                Last edited December 21 2012, 06:16 AM.

                Comment

                • #9

                  #9

                  Re : How to collect Maintenance charges?

                  Originally posted by vaibav123 View Post
                  Cutting of water and electricity is illegal.No doubt about that.That is why I did not recommend such actions. Shaming them is a good option,but some are beyond shame.
                  Going in a group of members also will not work if person is so shameless.You keep raising bills+interest,he will ignore and be awkward.
                  Registrar is the only legal option,section 10I MCS Act is the legal provision
                  Writing to his employer will be very effective because in case of Government departments,the employee is expected to declare his assets or even his wives assets if wife has no source of income and his rent income is also supposed to be declared.Many government employees fail to do this and they are vulnerable on this score.
                  Best approach is friendly manner and make all members psychologically feel responsible for the society as a whole.The management should keep all members informed of all developments,problems by email etc,keep them actively involved by asking suggestions,seeking advice in their sphere of expertise etc.
                  Agreed. Initial approach should never be legal. Please put some social pressure initially. Do visit and talk to that person. Allow him to understand social, legal implications of not paying society charges.
                  Mild approach like reminding him that his visitors may not be allowed, his family would not be allowed in club house is must. Also, society shall not entertain any complain, request from defaulter to build this pressure like issuance of letters, leakage problem complains etc. Issue show-cause notice. Do keep a penalty for such defaulters (max of 21% p.a.)

                  Once you have done all good things. Please follow my post above -

                  Comment

                  • #10

                    #10

                    Re : How to collect Maintenance charges?

                    Originally posted by vivek.cap View Post
                    Not sure if this is legal, as per my knowledge, stopping Water is illegal,

                    Any expert in law please confirm.

                    Thank you,
                    pipes can burst, sewage lines can become clogged, electricity fuse can get blown up, car tyres can get punctures... there are a hundred blatantly illegal acts that cannot be proved.... but all these depends on the layout.

                    Comment

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