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Podhila.C.Mouli (Secretary)     08 September 2014

Flat owner not paying maintenance charges

I Am the Secretary of Our Apartment in Hyderabad, Andhra Pradesh (Telanagana State).

We are facing Problems From one our Members from Last 4 Years. The Owners Is a Lady and SC.

We our Association is Registered under 1987 Apartment Act. The Said lady owner is not paying Any Maintenance Charges, Common Expenses like Electricity, Bore well Repairs, Lift Repairs etc.

We had given Number of Notices and also tried to Warn her to Stop Bore water etc.

We also Complained to the Police Department , Fearing Atrocity case. Even our area CI could not do anything.

What We should do. What if we are Stopping the Bore water Supply to her Apartment (We are pumping bore water to the Over Head Tank with our Motor and Electricity Bills) She Don't have any financial Participation in new bore and others.

Can you please Suggest How to go legally Step by step.

Thank you 



Learning

 3 Replies

Hardeep (Business)     08 September 2014

Common expenses are a charge on property and take precedence over even Government taxes such as Property Tax etc.

So a prima facie case lies. You may serve a legal notice followed by procedure for recovery in dues in Court.

As for cutting off/ reducing any essential service, it has to be for " just and sufficient " cause with a notice of 7 days. Proceedings of the recovery case should guide you on how to proceed on this.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel .  However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Podhila.C.Mouli (Secretary)     08 September 2014

Thank you Mr. Hardeep

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 September 2014

Do not cut off water supply. That can boomerang on you. You can file a civil case against her.


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