In Maharashtra, housing societies are governed by the Maharashtra Cooperative Societies Act, 1960 and Model Bye-Laws. Under these laws, societies are empowered to collect maintenance charges and take legal action against members who fail to pay.
What is Maintenance?
Maintenance charges are collected by the society to manage:
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Common area upkeep (lift, lights, cleaning)
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Water supply, security services
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Repairs, insurance, audit, and legal expenses
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Sinking and reserve funds
Each flat owner is legally obligated to contribute their share as per the society’s approved budget.
When Does It Become a Dispute?
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Member refuses or delays payment
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Partial payments despite repeated reminders
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Dispute over charges like sinking fund, repairs, or late fees
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Repeated defaults impacting society's functioning
Legal Process for Maintenance Recovery:
1. Issue a Demand Notice
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Society must first send a written notice with details of dues and payment deadline.
2. Levy Interest
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As per Bye-Law No. 71, the society can charge up to 21% interest per annum on unpaid dues.
3. Legal Notice through Advocate
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If ignored, a legal notice can be sent to the member warning of legal recovery.
4. File Recovery Case under Section 101
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The society files an application with the Deputy Registrar of Co-operative Societies under Section 101 of the Maharashtra Cooperative Societies Act.
5. Recovery Certificate (RC)
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Registrar issues a Recovery Certificate, which is then forwarded to the District Collector or Recovery Officer.
6. Property Attachment (if needed)
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If dues are not paid even after RC, the member’s property may be attached or auctioned to recover the amount.
Documents Required for Recovery:
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Society registration certificate
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General body resolution to recover dues
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Copies of bills/demand notices
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Ledger and audit reports
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Communication proof (letters/emails)
Time & Cost Involved:
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3 to 6 months for uncontested cases
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Legal cost depends on advocate/society consultant
Important Notes:
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Society cannot disconnect water supply or restrict access to services as punishment
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All actions must be as per law and bye-laws
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Mediation or mutual settlement is encouraged before legal action
💡 Maintenance Recovery – A Mumbai Society Story
Mrs. Kulkarni lived in a well-maintained society in Chembur. But some tenants stopped paying their monthly maintenance charges, causing the society’s funds to dry up.
Without funds, basic repairs and security suffered. The society was in trouble.
Mrs. Kulkarni approached DRS Group for help. They:
✅ Sent formal legal notices to defaulters
✅ Filed recovery suits in the local court
✅ Negotiated settlements where possible
✅ Ensured timely recovery of pending maintenance
Soon, the society’s funds were restored, and repairs resumed smoothly.
📌 The Takeaway:
Regular maintenance recovery is essential for society upkeep. Legal help ensures defaulters pay on time.
DRS Group – Specialists in Maintenance Recovery & Society Legal Matters.
Protect your society’s future.
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