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Prakash (Engineer)     29 December 2017

Non-payment of maintenance to apartment association

Our appartment association registered under socities act collects monthly maintenance. 

I have searched on this forum and have found divided opinion on the procedure to tackle non-payment of dues. Assuming that the association sends up to 3 reminders to a defaulting owner/tenant by registered post:

1. Can the association seek police help?

2. Or can the association cut off their water supply [Supply of water is one of the services offered by the managing commiittee)

3. Or should legal notices be sent before filing of recovery suit?

Best wshes.


 6 Replies


Sending a notice first would be suitable way to demand the maintenance amount.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 December 2017

1. Can the association seek police help?


2. Or can the association cut off their water supply [Supply of water is one of the services offered by the managing commiittee)

No.  You cannot stop water supply. If there is any other service that can be selectively stopped, you can do that. Services are given not by the Managing Committee but by the Society.

3. Or should legal notices be sent before filing of recovery suit?

You can send legal notice and if he still does not pay,  you can file a civil suit.

Societies Registration Act is a weak act. If you had registered under the Co-operative Societies Act, you could have applied for and obtained a recovery certificate from the Registrar and recovered the dues as arrears of land revenue.

In which State and in which city are you?

Prakash (Engineer)     29 December 2017

Dear Ramani Sir, your clarifications are priceless as always. Thanks a lot. We are in Bangalore.

Do we have to cancel the existing association in order to register it under Co-operative societies act?

Best wishes


T SANKAR RAO (-)     30 December 2017

Nonpayment of maintenance charges by the flat owner of an apartment:-

The issue  is governed by the Bye-laws of the Society. The Managing Committe has got powers to withdraw the essential services to the defaulting owner of flat. 

The provisions relating to this issue as  mentioned in the AP Apartments (Promotion of Construction and Ownership) Act & Rules, 1987 are extracted here for information:

Chapter III (Specal Facilities)


The Manager or Board of Managers of an Association of Apartment Owners may, after due notice of not less than seven days, for just and sufficient casue, cut off, withhold, or in any manner curtail or reduce any essential supply or service enjoyed by an apartment owner.

Explanation:-IKn this Section, essential supply or service incudes the supply of ater, electricity, lights in passages and on stair cases, and lifts and conservancy of sanitary service.


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 December 2017

I know that the AP Act has provision for cutting off of water supply. Still I would not recommend that, especially since Karnataka Act has no such provision and the Association can get into problem if they do that. I know an instance in Chennai where the office bearers got into problem for cutting of water supply to a member.  Other services provided by the Association can be stopped.

Once the co-operative society is formed the welfare association will have to wind up. At first you can form a provisional Co-op society with all the features of a registered society and then apply for registration. Once the registration is obtained, the welfare association can be wound up and funds with the association can be transferred to the Society's account. What I mentioned regarding recovery was with respect to the Maharashtra Act. I do not know whether there is a similar provision in the Karnataka Act. There is also a Karnataka Apartment Ownership Act. 

sagar jadhav (employee)     05 January 2018

can they do in maharashtra ? cut off water etc? I have issue as they not giving recipts for maintence


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