(1) If an apartment owner,-
(a) either wilfully violates or evidently threatens to violate the provision of subsection (6) of section 4, or
(b) fails to pay the common expenses, which are payable by him under this Act for a period of more than six months,
the general body of the Association may, after giving notice of not less than seven days to such apartment owner, may pass a resolution to cut off, withhold or in any manner curtail or reduce, any essential supply or service enjoyed by such apartment owner :
Provided that Association shall not take any action in furtherance of the resolution referred to above unless a certified copy is sent each to the Competent Authority and the concerned Apartment owner by registered or speed post and one month expires from the date of its being sent and its copy is displayed at some conspicuous place of the building.
Explanation.- It is clarified that the power to take action under this sub-section shall not prejudice the other rights and remedies of the Association available under this Act or under any other law for the time being in force.
(2) If an apartment owner is aggrieved by an action under sub-section (1). he may prefer an appeal to the Competent Authority within a period of fifteen days from the date of the receipt of the copy of the resolution, and the Competent Authority shall after affording sufficient opportunity to the parties pass such orders most expeditiously as he deems fit.
(a) either wilfully violates or evidently threatens to violate the provision of subsection (6) of section 4, or
(b) fails to pay the common expenses, which are payable by him under this Act for a period of more than six months,
the general body of the Association may, after giving notice of not less than seven days to such apartment owner, may pass a resolution to cut off, withhold or in any manner curtail or reduce, any essential supply or service enjoyed by such apartment owner :
Provided that Association shall not take any action in furtherance of the resolution referred to above unless a certified copy is sent each to the Competent Authority and the concerned Apartment owner by registered or speed post and one month expires from the date of its being sent and its copy is displayed at some conspicuous place of the building.
Explanation.- It is clarified that the power to take action under this sub-section shall not prejudice the other rights and remedies of the Association available under this Act or under any other law for the time being in force.
(2) If an apartment owner is aggrieved by an action under sub-section (1). he may prefer an appeal to the Competent Authority within a period of fifteen days from the date of the receipt of the copy of the resolution, and the Competent Authority shall after affording sufficient opportunity to the parties pass such orders most expeditiously as he deems fit.
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More sections of this act
Section 1 · Short title, extent and commencementSection 2 · ApplicationSection 3 · DefinitionsSection 4 · Ownership of apartmentsSection 5 · Apartment to be heritable and transferableSection 6 · Compliance with the covenants and bye-lawsSection 7 · Execution of sub-lease or/and terms and conditions of sub-leaseSection 8 · Certain works prohibitedIndia Code, Government of India. Text fetched 21 Oct 2026. Source metadata reports last modification: 2026-05-11. Check the linked official text and subsequent notifications when applying a provision.