Government of Maharashtra Issues Strong Directions Against Non-Payment of Monthly Maintenance Charges in Housing Societies

Published on CSLawship.in
Author: CSLawship Editorial Team

In an effort to address the growing problem of members in co-operative housing societies withholding monthly maintenance dues, the Maharashtra State Co-operation & Textile Department issued a landmark circular (No. SAGUYO – 2002 / PRA.KRA. 365 / 14.SA) on 2nd November 2002. This circular was issued from Mantralaya Extension, Mumbai, and aims to provide clear guidance to the Registrar of Co-operative Societies on how to handle such cases.

The Problem Identified

The government took cognizance of several instances where members of co-operative housing societies refused to pay monthly maintenance dues. Common reasons cited included:

Dues pending from the society to the member
Lack of repairs or maintenance by the society
Allegedly high maintenance charges

As a result, managing committees of many societies found it difficult to carry out their daily operations, causing distress and operational breakdowns within housing societies.

In many such cases, when societies approached the Registrar under the Maharashtra Co-operative Societies Act, 1960, defaulting members defended themselves by claiming their complaints were pending with the Registrar or Government, justifying the non-payment.

Government Directions Issued

To resolve this recurring issue, the circular provides a definitive roadmap for Registrars on how to handle complaints from defaulting members. The following directions were laid out:

No Excuse for Non-Payment
Members must not stop paying monthly maintenance charges to the society under any circumstance, even if they have disputes or pending issues with the society.
Dispute Resolution Through Competent Authority
If a member has disagreements regarding the amount or legitimacy of the charges:
* They must apply to the Competent Authority (Registrar).
* The Registrar must ensure such complaints are resolved within one month from the date of receipt.
Refund/Adjustment Orders
If the Competent Authority certifies that the maintenance charges were higher than necessary, the Managing Committee must refund or adjust the excess amount as per the Authoritys directive.
Payment Before Hearing Complaints
If a member has stopped paying dues and then submits a complaint to the Registrar:
* The Registrar must first instruct the member to clear their dues before taking further action on the complaint.
Transparency and Awareness
A copy of this circular must be displayed on the notice board at every Registrars office.
State-Wide Dissemination
This circular must be circulated among all Deputy Registrars, Assistant Registrars, District Deputy Registrars, and also brought to the attention of the Federation of Housing Co-operative Societies across Maharashtra.

Significance of the Circular

This circular ensures that housing societies are not held hostage by non-paying members. It reinforces the rule of law and ensures a balance between the rights of individual members and the operational needs of the society. At the same time, it provides a legal remedy for members who believe the charges are unfair, by ensuring timely decisions from the Registrar.

Summary:

The 2002 circular remains a cornerstone in regulating the relationship between society members and their managing committees. By making it mandatory for members to pay dues irrespective of disputes, while simultaneously ensuring that disputes are resolved promptly and fairly, the government has created a robust and fair mechanism for the smooth functioning of housing societies.

Housing society members and committees are advised to be well-versed with the contents of this circular and ensure compliance to avoid unnecessary conflict and legal complications.

For access to the official circular and guidance on society laws, visit www.CsLawship.in