Apartment Owners Association is threatening to cut water supply
09-May-2023 (In Landlord/Tenant Law)
I own an apartment in a 450-odd apartments complex in Kerala State. Apartment Owners Association formed inhouse, is managing maintenance and other activities, from April 2017. The monthly maintenance charge is approx. Rs. 2500. Due to my apartment related unresolved disputes with the builder even after handover, I have not started staying there (except for 3 - 4 days visit/stay every month). So I have not started paying any maintenance charges to association though there is continuous demand for payment. There is no government water supply to the premises and so water for the entire premises is procured from tanker vendors externally by association. Now, due to nonpayment of monthly maintenance charges, the association has threatened to disconnect water and DG power supply to my apartment. My query to you is whether it is legally permitted to disconnect water supply(externally purchased by association) to my apartment, in kerala state, due to non payment of monthly maintenance charges?
Yes the said association can cut the water supply in case of non-payment of maintenance charges. You can resolve your dispute with the builder by filing a complaint in the consumer forum under section 2(g) for deficiency in services.
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