A p apartment (promotion of constructions & ownership) act-1987 – clarifications

TR Madhavan (Querist) 30 June 2014 This query is : Resolved
a) A P Apartment Act – 1987 Chapter No. 3 – Section 10 – Compliance with bye-laws and covenants; Each apartment owner shall comply with the covenants, condition and restrictions et forth in the Declaration and the bye-law. Failure to comply with any of the same shall be a ground for action to recover sums due, for damages or other relief at the instance of the Office Bearers of the Association of Apartment Owners or in a proper case, by an aggrieved apartment owner.
b) Section-20 Charge on property for Common Expenses; All sums assessed by the Association of apartment owners for the share of common expenses chargeable on any apartment shall constitute a charge on such apartment with precedence over other charges expect charges, if any, for payment of Government and Municipal Taxes and all sums remaining unpaid on first mortgage of the apartment.
c) Section – 21 Manager to cut off, with hold, curtail or reduce essential supply or service; The Manager or board of managers of tan Association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, with hold, or in any manner curtail or reduce, any essential supply or service enjoyed by an Apartment owner. Explanation: In this section, essential supply or service includes the supply of water, electricity, lights in passages and on stair cases, and lifts and conservancy of sanitary services.
d) Rule – 13 – Form V – Exhibit B – Bye-laws of the Association of the flat or apartment owners- Chapter 1 – Section 8 – Disqualifications: No apartment owner shall be entitled to vote on the questions of election of members of the Board or the President, or any other office bearer or be entitled to stand for election to such office if he is in arrears of any sum for him in respect of his contributions for common expenses for more than sixty days on the last day of the year preceding the year in which the election to the Board would take place.

As per above sections and sub sections of the Act clarifications sought on the following questions,
a) Does the elected body have the right to enhance or ratify the fixed monthly common (maintenances) expenses every month? Does the decision need ratification of the General body?
b) The association collects every month a fixed charges towards for common (Maintenance) charges and fixes a due date to make the payment by the apartment owner. On failure of the payment on or before the due date fixed by the association every month, does the association have the right to cut off all the services of the particular defaulter after issuance of necessary notices?
c) As Rule – 13 – Disqualification – Sixty days arrears rule is applicable for contesting and voting in the association elections. Does it means the apartment owner can with hold the monthly payments towards common (maintenance) expenses for such period and enjoy all amenities at others cost? Does it mean the association cannot take any action against the defaulters till the end of the sixty days?

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