Association to cut off, withhold, curtail or reduce essential supply or service
(1) If an apartment owner,-
(a) either wilfully violates or evidently threatens to
violate the provision of sub-section (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
68
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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