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Ashwin (xxx)     06 December 2011

Enforcing payment of maintenance dues in an apartment

I am the secretary of an apartment association in Bangalore. We have trouble in enforcing the residents to pay up the maintenance dues each month. Unfortunately, we do not have dedicated water connections to each flat. So we cannot take the step of cutting off water supply to the defaulter without affecting others in the apartment.

 

1. Is it legal to cut off the electricity connection of the defaulter ? I was told it is not so since the electricity connection is provided by the electricity board and hence the association has no power to do so. Pls clarify

2. Can you suggest if there are any other legal means to ensure the regular and timely payments.

3. Will registering the association help us enforce this ? We are told registering gives us no authority on this and hence we are hesitant to register the association.

 

Thanks



Learning

 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 December 2011

It will invite criminal action. Use simple tactics publicise the names of defaulters to all others.

Inform them that if defaulster do not pay up water connection of whole buidling will be cut of.

Go on issuing notices with copy to all.

Unltimately put a big hoarding at entrance showing names of defaulters. It will work.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 December 2011

As JSDN says it can invite criminal action if water supply is cut.

In fact if you have not registered your association, you will have no locus standii to collect maintenence charges. Under which Act in Karnataka are you going to register your Association? In Maharashtra there are at least three options viz the Co-operative Societies Act, the Societies Registration Act or with the Registrar of Assuarances. In Maharashtra there is law for recovery under the Co-operative Societies Act. The other two options are weak. 


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