Dear Nafeez, it would be easier for the members to comment upon/ advice if you indicate the place ( city & state) where yr apartment is situated as in certain states like Maharashtra, registration is compulsory to have the benefit and enforcement of the provisions of Apartment Owners Act...

regards

1. No. The society can not deprive the defaulting member from the basic amenities without due process of law i.e. without any court order,

 

2. You shall have to file a Money Suit demanding your claimed amount praying for a direction to allow you to stop providing those facilities for which he is not paying.

Laws vary considerably from State to State. Please indicate your State and City also.

Thank you Ganguly ji...my state is Andhra Pradesh....Now what is the situation to deprive the basic amenities in the apartment by the Committee for a defaulter

1. The objective should not be to deprive the defaulting member but to recover the dues from him and stop further drainage from society's fund by incurring expenses in providing those facilities to him which he is not sharing,

 

2. The stept to be taken by you has already been suggested in my arlier post.

I do not know the laws in Andhra Pradesh. If you are registering the Association there are various Acts in each State under which the Association can be registered. The Association can be registered as a co-operative society or as a condominium. The Association will have maximum powers to tame recalcitrant members if registered as a Co-operative Society.

If you do not want to register as a co-operative society, you can register under an ownership flats act if your State has one. Very often Associations register under the Societies Registration Act of the State concerned. Generally voluntary associations are registered under the Act. I do not think that a member can be compelled to join the Association under the Act.

Generally when there are clear bye-laws or resolutions which make the member liable for the dues you will have to apply to the competent authority for a recovery certificate. The competent authority would be the Registrar of Co-operative Societies if you are a co-operative society. Otherwise you may have to apply to the civil court. If the recovery certificate is obtained the amount can be recovered as arrears of land revenue.

No bye-laws can provide for cutting of water supply for any reason.

Further to my earlier post please find enclosed Apartment Ownership Act of Andhra Pradesh. If you register under the Act, you can see that the Act gives powers to the Board of Managers to recover dues. You may have problem if all members do not join. But you can call a meeting of all members, pass a resolution to register and also form a provisional Board of Managers, pending registration of the Association. All members may not attend the meeting. But if a majority of members attend you can go ahead. If a majority of members, say, two-thirds sign in and join the Association, others can be compelled. In any case without a registered association/society you will have no powers to collect dues.

Under Section 21 of the Andhra Pradesh Apartment Ownership Act water supply or other essential supplies to an apartment can be cut off for sufficient reasons after giving due notice.

Whatever be the reason, the basic amenities cannot be denied to an occupant by the society without an order of the competent authority/court of law.   You cannot include such a rule in the association bye-laws as per your will and wish.

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert