I am a regular payer of society maintenance and the deadline given for the maintenance payment is 10 of every month. This month 17 society asked us to collect the share certificate from the office. When I went there on 17th ,society manager refused to give the share certificate by saying that you have not paid the maintenance of this month. Is there any rule like that? As I know there is a different process for recovery of maintenance and i have just crossed 7 days from the deadline.
It was not mentioned in the notice board. They are taking 3 month maintenance in advance and we are paying it regularly. Every time they are bringing their own rules. I would like to know is there any rules that the maintenance should be cleared. What if a person will not pay the maintenance after collecting the share certificate? please advice how to go about it.
I C Naik
Management in Housing societies are by and large ignorant of their own internal regulations namely the Bye-Laws. That is at the root of mis-management.
Every housing society has its own Bye-Laws; so for a precise answer to any question one needs to refer to relevant Bye-Law No.
I suggest that you write a letter to the Secretary that you would like to have a Copy of the registered bye-laws of your CHS certified by him/her as a true copy of current Bye-Laws of the society. Enclose a Cheque of Rs 150 drawn in favor of the society being a deposit to be adjusted to actual costs of copying the Bye-Laws.
Having done that you will find answers to all your questions. For example for your grievance that “They are taking 3 month maintenance in advance” please refer to Bye-Law No 69 { Assuming your CHS registered 2014 Model Bye-Laws) which requires that every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed by the Committee. If you suspect that the Manager is asking for payment in advance on his own accord, you ask for copy of the minutes of the Committee where the payment date was decided.
We can help solve your difficulties of interpreting Bye-Laws (as most questions have answers therein) provided a Bye-Law provision is known to us.
