1. On default of maintenance charge you can not disconnect the electricity connection. That is a criminal offence.

2.However if there is any power back up facility you can disconnect supply for that service.

3.You can stop him from putting garbage in the common garbage area .

4.In other words you can disallow him using those facilities which are provided for maintenance charges.

It is the duty of the members to regularly pay the maintenance charges to the society, otherwise the very purpose of having a co-operative society would be defeated since every member has to make his contribution towards the society in the spirit of cooperation.

First pass a resolution during an association meeting and society can take recovery proceedings after passing of resolution in the managing committee. Send a legal notice to make the payment to defaulters. If the defaulter’s fails pay the amount to society then file a suit for recovery of money against the defaulters. You have no legal right to remove common benefits or amenities including electricity and water connection but can pressurize the defaulters by cutting the power supply . The disconnection of water supply was a deprivation of the fundamental right to livelihood guaranteed under Article 21 of the Constitution.

1) sale deed may contain clause that you can discontinue water and electricity connection but such a clause is not sustainable

2) water and electricity are essential services and cannot be discontinued by association

3)you have to issue legal notice to defaulters and file suit to recover outstanding dues

4) before proceeding with issue of legal notice resolution has to be passed in association Managing committee meeting to take legal proceedings against defaulter

Yes, you can as suggested me above.

Don't discontinue power back up

2) you can deny them access to the club house for playing games etc til they pay the dues

Can we disconnect the power supply to the flat from the electric room? This seems to be the only option to put pressure on such defaulters coz we don't want to take a legal route.

This is illegal. You cannot deprive the inhabitants the basic amenities.

These are essential for residents. The act of disconnecting would attract criminal offence on your part.

You may issue legal notice to them demanding the arrears and regular monthly maintenance, in case they do not respond then you may initiate legal procedures as per the provisions in the bye laws on this.

But you have to initiate any process by due process of law only.

Sale deed signed by the builder, for each flat has such provision. It says "Should any party default in payment of common expense for the benefits or amenities, the Association shall have the right to remove such common benefits or amenities including electricity and water connection from the defaulting party's enjoyment which shall be reconnected to the party after such arrears are cleared"

The sale deed conditions are not the governing law in this regard.

It is arbitrary and unlawful.

You may pass a resolution in the general meeting in this regard and let the general body meeting decide further legal action on the subject by passing a resolution in this regard.

The decision taken in the general body meeting shall be binding on all members, which would protect you from the wrath of law.

We don't want to take legal actions as somehow the moneys comes in...these actions were planned to bring some discipline. Can we discontinue the power backup to flats who dont pay maintenance as it definitely is an expense met out through the maintenance amount and can also prevent them from using other common facilities like party hall, gym, games etc

Any decision to be taken against the interest of the members in common should be approved by the general body in the meeting either conducted annually or in a special meeting, by passing resolution to that effect.

Any decision taken by the committee members which may affect the interests and rights of the members of the association would be a criminal offence under criminal law if the affected member is taking up the issue before court or concerned civic body.

Since it is a very sensitive issue, you may batter follow the bye laws in this regard before jumping into any decision in haste.

You can prevent to use the common amenities like party hall, gym, games etc.. but in the case of water supply and electricity which affect the fundamental right of person is not curtail is not a wise decision...