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NAFEEZ BASHA (PRESIDENT)     26 November 2014

Apartment maintenance association

Dear forum....I am the President of a Apartment Association which is unregistered. I want to made it registered. If any body does not pays the maintenance regularly, can we cut the water supply to the defaulter. Is there any law if the association is registered to form this rule in bye-laws, if so in which number of months we can do this....The connected Act details in vogue required to me to formulate bye-laws. Please specify detailled



Learning

 11 Replies

pervez (adviser)     26 November 2014

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

K.K.Ganguly (Advocate)     26 November 2014

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.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 November 2014

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

NAFEEZ BASHA (PRESIDENT)     27 November 2014

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

K.K.Ganguly (Advocate)     28 November 2014

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.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 November 2014

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.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 November 2014

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.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 November 2014

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.

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

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.

Nitish Banka (lawyer)     21 March 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Some important judgement on Maintenance Section 125 CrPC

Where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.”

Contact lawyer Nitish Banka -> call@ 9891549997  –>Free consultation on phone<—-

Haunsabai vs Balkrishna Krishna Badigar on 13/2/1980 

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LAND MARK SC JUDGEMENT ON INTERIM MAINTENANCE/MAINTENANCE 125 crpc

 

 

 

Maintenance u/s125Crpc stopped to wife if she gets job

Vikas Jain . . Revisionist Versus Smt. Deepali @ Ayushi Jain

No Maintenance u/s Crpc 125 to wife if she deserts hubby without any cause and also earning

Smt. Archana Gupta & Another .Versus Sri Rajeev Gupta & Another

 

Maintenance not granted as it is proved that wife wants to reside separately.

 

Meena Dinesh Parmar vs Shri Dinesh Hastimal Parmar

 

Unemployed man can not be forced to pay Maintenance

Sanjay Bhardwaj & Ors. … Versus The State & Anr. .

 

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     26 March 2018

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


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