Response

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.

Reference: Payments of maintenance isn’t connected with the possession of property. So the flat owners are bound to provide maintenance.

2. Since you are forming the association make it a registered body having bylaws so it’s rules are binding on all flat owners.

3. Make a penalty clause in the bylaws against the defaulting owners.

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LAWAYZ-2023-853