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Madhavan Namboothiri.M (Joint Director)     12 May 2010

Apartment Owners Association - Water supply stopped

Apartment owners Association has restricted drinking water supply to my apartment ( Guruvayoor, Kerala) and others saying that " Scarcity of water". They have allowed drinking water for 2 hrs in the morning(6-8 a.m) and 2 hrs in the evening(5-7 p.m). water is provided by provided by Kerala state water Authority.(govt). KWA has not reduced the distribution. The water is collected in a sump in the ground and pumped to overhead tank. The sump & tank are full also. Annual maintenance charges are well paid. Annual maitennance charges are meant for proving all facilities uninterruptedly. That much share is collected from apartment owners. Even if Kerala Water Authority water is not available, through tanker lorry or other means water should be made available to inmates. Do the Association have right to cut water supply given by state department ? Is this not violation of absolute ownership rights of a flat owner? Is this not violation of fundamental rights of a flat owner? Could experts provide some views ?Rgds & Thanks



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 2 Replies

Gundlapallis (Advocate)     13 May 2010

Without actual scarcity - when all things are quite normal, being the KWA suppliying the same quantity of water as usual and that had been sufficient earlier to all the flats consumption - there is no reason why the owners assn should adopt to austerity measures except to harass the targetted few whom the assn dislike.  If that's the reason, issue a legal notice to the assn and call for gen body meeting to sort out the matter internally.

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2010

It is the bounded duty of the association of apartment owners to provide the water.  Not doing so amounts to failed to provide better service.  So issue notice to the association, if they failed  then approach the proper forum.


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