Hi there, We’re a new apartment association in Bangalore, and we’re facing a tricky situation. A couple of owners haven’t been paying their maintenance dues, despite our repeated requests. Our byelaws state that after two months of non-payment and a 15-day notice, we can disconnect their water supply. Is this legally permissible, or could it be considered a criminal offence? Should we amend our byelaws and remove this clause? What other options do we have to ensure these defaulters pay their dues? Thanks in advance for your advice!

Apni Law
Apni Law
Law Forum › Category: Property › Hi there,

We’re a new apartment association in Bangalore, and we’re facing a tricky situation. A couple of owners haven’t been paying their maintenance dues, despite our repeated requests. Our byelaws state that after two months of non-payment and a 15-day notice, we can disconnect their water supply. Is this legally permissible, or could it be considered a criminal offence? Should we amend our byelaws and remove this clause? What other options do we have to ensure these defaulters pay their dues?

Thanks in advance for your advice!

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Apni Law Staff asked 2 years ago

Hi there,

We’re a new apartment association in Bangalore, and we’re facing a tricky situation. A couple of owners haven’t been paying their maintenance dues, despite our repeated requests. Our byelaws state that after two months of non-payment and a 15-day notice, we can disconnect their water supply. Is this legally permissible, or could it be considered a criminal offence? Should we amend our byelaws and remove this clause? What other options do we have to ensure these defaulters pay their dues?

Thanks in advance for your advice!

1 Answers
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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, disconnecting water supply as a consequence of non-payment of maintenance dues is generally not permissible and can be considered illegal. While your byelaws currently allow this, it is advisable to amend them to remove this clause and explore other legal options like approaching a civil court for recovery of dues.

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