Query of Salgaonkar

Salgaonkar

Our society has been built by members, there is no builder involved. If one of the members construction cost is balance due to mess & mismanagement, but monthly maintenance payment is up-to-date. Can he be called Defaulter?

I C Naik

A MEMBER OF cooperative Society can enjoy his rights as member in terms of provisions of Section 26 of the Act reading as under:

“26. (1) A member shall be entitled to exercise such rights as provided in the Act, rules and by-laws:

Provided that, no member shall exercise the rights, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed and specified under the by-laws of the society, from time to time :

Flat occupancy is an important right and as such in a situation warranting extreme step member may be stopped from occupying the flat till cost of constructions paid in full. It is advisable to take prior approval of GBM if Committee decides to do so.

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