Can a housing society demand maintenance charges for the period prior to its registration?
Dec 19, 2025
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► The housing society in my building was registered only a few months ago. My flat, however, was registered about three years ago.
The society is now demanding maintenance charges for the past three years, i.e., for a period before the society’s registration. My flat has remained completely closed since the beginning and has never been occupied or used.
Additionally, the society has not granted me membership till date, nor was I informed about the registration at the relevant time.
As per the Maharashtra Co-operative Societies Act, 1960, a society gets legal existence only from the date of its registration. I am willing to pay maintenance charges from the date of the society’s registration, but I dispute the demand for the period prior to registration.
Please advise whether the society is legally entitled to recover maintenance charges for the pre-registration period.
38 views
1 answer
1 Answer
Dec 19, 2025
Dear Sir,
Without membership, the society:
Cannot treat you as a defaulter for a past period
Cannot recover alleged dues for a time when it had no existence
Maharashtra Co-operative Courts and Consumer Fora have repeatedly held that:“Maintenance liability arises only after society registration and lawful levy.”
The society is not legally entitled to recover maintenance charges for the pre-registration period. Your stand—to pay maintenance only from the date of society registration—is fully supported by law.
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