1. Depending on the clauses of the Association's Bye-Laws, a recovery proceedings have to be filed in the local Civil Court, for recovery of the outstanding dues of the defaulters.

2. No services of the association to the defaulters can be discontinued.

Keep Smiling .... Hemant Agarwal

Hello,

Action can be taken by the MC with the sign of the president. 

Issue a recovery notice

Publish a list of defaulter and do not allow them to vote in next election

Regards  

See you have to serve them a legal notice through a lawyer if on notice if they fail then you need to file a recovery suit in the co operative court to recover same. Along with the interest and penalty.

Hi,

You may send notice to defaulters for depositing money every month and you may start the recovery proceedings too but you may not disconnect electricity and water line as these are necessary services. 

1) No, association does not have any right to disconnect the water supply. You can create new bye-laws in the AGM and one who does not pay monthly maintenance for them you can charge  extra percentage as interest for due amount.

2) You have to make bye-laws as per TN Association law.

3) Kindly go through TN Association Act and create Bye-laws in the society accordingly.

issue a legal notice to defaulter,resolution has to be passed in managing committee against defaulter to take recovery proceedings .

1. the maintenance charges are mostly with regard to maintain the common facilities and services like swimming pool. security, sweeping or electricity charges in common areas like lift etc.

2. So you can stop these services to the non payers like giving access to them to club facilities, community hall, swimming poll or usage of lift.

3. But you can not stop the essential supplies like electric supply , water supply or hindering in free access to his property. This is criminal offence.

All the apartment holders of the society have the application to pay the common area maintenance charges to the society and at the same time this society has the priority right to collect the society dues from the apartment owners in case anyone is defaulting in payment of the society charges afterward you notice as per the bye laws of the society the society have the power to disconnect the power supply and electricity supply and other services to the apartment holders as per the provisions of the bye laws .

You can approach to the court against those Apartment holders who are in default for the collection of dues amount along with the interest there on and all those Apartment owners who are in default cannot contest the election of the society

Dear Sir,

The following information may kindly be read.

Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility. The owner has to be persuaded to pay the maintenance charges as a member of the Association.
If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with law, provided in the Apartment Ownerships Act.
As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply. You have to issue a legal notice to the defaulter and if he/she does not budge, move the Civil Court.
The Apartment Ownership Act of States will have a clause somewhat like this:
Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner. 

1) pass a resolution in managing committeee to issue legal notice to defaulters 

2) if inspite of legal notice defaulters fails to pay association can take recovery proceedings against defaulters 

water is an essential service 

you cannot discontinue water supply of defaulters as it s an essential service 

Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility.

You can issue legal notice to them and demand the maintenance amount including arrears.

Let them refuse, you can take proper action as per bye laws.

.

No, that will be an offence to deprive the owners of their rights.

You can seek recovery proceedings through office of Dy Registrar and recover the same. Just follow the procedure of the same before initiating the same through an advocate

Please check your bye laws and act accordingly.

Regarding disconnection of water supply, You can not cut off the drinking water supply, which is supplied by Metro water as they paid directly to the third party as well Electricity. 

There is only one option, you can say as not basic amenity, it is facility as you have spent from Association for pumping into over head tanks.

as per Bye Laws, Give them enough notice before you take any severe actions with the information to the police station so Police also will support the Association generaly.

The association has no legal right to disconnect water or electricity supply. The defaulting members can at best be removed from the rolls.