Government circular · Co-operation Department · 02.11.2002
A dispute is no reason to stop paying maintenance
The Government circular of 2 November 2002 tells members not to withhold monthly maintenance because of a grievance, and tells Registrars how to deal with such complaints.
Key points
- Members must not stop paying monthly maintenance to the society for any reason.
- A member who disagrees with the charges should apply to the competent authority; Registrars must decide such complaints within one month.
- If the charges are found excessive, the society must refund the excess or adjust it in later bills, as ordered.
- When a member who has stopped paying complains, the Registrar should first direct the member to pay the society’s dues.
Why the circular was issued
The Government noticed that some members stop paying monthly maintenance, giving reasons such as money owed to them by the society, the society not repairing their flat, or charges being too high. Some say they are not paying because their complaint is pending with the Government or the Registrar. Withholding maintenance makes it difficult for the managing committee to run the society’s day-to-day affairs.
What it directs
- Members of housing societies must not stop paying monthly maintenance for any reason.
- A member who disagrees with the committee about the maintenance charges should apply to the competent authority. Registrars must dispose of such complaints within one month.
- If the competent authority certifies that the charges are excessive, the managing committee must refund the excess to the member, or adjust it against future charges, as ordered.
- When a member who has stopped paying files a complaint, the Registrar should first direct the member to pay the society’s dues.
- A copy of the circular is to be displayed in Registrars’ offices.
- District Deputy Registrars are to bring it to the notice of their officers and of the district housing federations.
What it means in practice
A grievance about the society — even a genuine one — has its own remedy. Withholding maintenance exposes the member to recovery proceedings and interest, and weakens the member’s complaint before the Registrar. The right course is to keep paying and pursue the grievance separately.
Related: Recovery of dues library
Two-page circular in Marathi. This page summarises the document for general information; it is not a translation and not legal advice. Read the document itself for its exact terms, and check whether it has since been amended or superseded.
Have a question about your society?
Write to the office with a brief description of the matter. Meetings are by prior appointment.