Let me inform you about the Bombay High Court judgement on society maintenance charges. One of the notable judgments by the Bombay High Court on society maintenance charges is all buyers of the units are required to pay the maintenance fees. They are required to pay the amount regardless of their occupancy. It was the case of "Asha Rani P. Shah vs. The Registrar, Cooperative Societies & Ors." (2016).
Key Highlights of the Bombay High Court Judgment on Maintenance Charges
Here are a few points you must know.
Non-Payment of Maintenance Charges: The Bombay High Court ruled that non-payment of maintenance charges by members of a cooperative housing society seriously violates the society’s by-laws. The Court emphasised that the payment of maintenance charges is a legal obligation of the flat owners to ensure the smooth functioning of the society, including the maintenance of common areas and services.
Right of Societies to Recover Dues: The Court clarified societies can recover dues from defaulters, and if maintenance charges remain unpaid, the society has the legal right to take required action, including restricting access to common facilities like lifts or parking spaces. The Court upheld the society's right to initiate recovery proceedings in cases of default.
Transparency and Dispute Resolution: The Court also emphasised that societies must maintain transparency in the billing of maintenance charges and resolve disputes through the society’s management committee. If a member disputes the charges, the matter can be taken up with the Registrar of Cooperative Societies or the Cooperative Court.
Payment is a Priority: The Court recognised maintenance charges as a priority debt, meaning that these charges should be paid before any other personal liabilities or dues. This ensures the proper maintenance and management of the society’s infrastructure.
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What is the Bombay High Court Judgement on Society Maintenance Charges?
Rinku808
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2024-11-29T19:08:25+00:00 2024-11-29T19:08:26+00:00Comment
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