Bengaluru real estate: Can apartment owners' associations cut off water supply for unpaid maintenance dues?

In one of the first rulings of its kind, a Bengaluru court has directed an apartment owners' association to disconnect the water supply of homeowners who defaulted on maintenance fees if the dues were not paid within a month.

The case, involving a Bengaluru project, highlights the growing financial strain on housing communities. At least 14 owners had failed to pay their dues. The court noted that the association had been forced to rely on expensive private tankers, emphasizing that the financial burden should not fall on the other residents.

The Bengaluru City Civil and Sessions Court issued orders for four homeowners who had defaulted on maintenance fees of ₹3.6 lakh, ₹2 lakh, and ₹7.8 lakh, respectively.

The court order, dated March 26, stipulates that the owners must pay the outstanding maintenance charges and penalties within 30 days. "In the event of failure, the association shall be at liberty to disconnect the water supply to the apartment until such time the owner clears the outstanding dues," the order said.

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The case

Advocate Abhilash Naik, who represented the Prestige Falcon City Apartment Owners Association, said several owners had not paid for over a year, forcing the association to approach the court for relief.

"The association said that due to the increased cost of water supply and essential services, the continued default by the owners has severely impacted the association's financial health," the order said.

The court, referring to a Telangana High Court order said that"an apartment owners’ association is legally entitled to curtail essential services, such as water supply, against defaulting members, particularly when such services are paid commodities."

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The court noted that by neglecting to contribute to the costs of water supply and other maintenance expenses, the owner is unfairly benefiting at the expense of other residents.

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Can apartment owners' associations disconnect water supply?

Some legal experts argue that apartment associations may not have the legal authority to disconnect the water supply, as it is considered an essential service protected under constitutional rights.

A few legal experts believe that apartment associations may not have the legal authority to disconnect the water supply, as it is considered an essential service under constitutional rights.

Advocate Manjunath Achari points out that while many RWAs disconnect water and electricity supplies to pressure owners into paying maintenance fees, such actions could be legally questionable.

"However, essential services like water cannot be arbitrarily cut off, as they are fundamental rights as per the Constitution. Instead, unpaid dues should be recovered through civil court proceedings. A notice should be issued to defaulters, ensuring that the entire community does not suffer due to the actions of a few of the owners," Achari added.

Legal experts highlight that multiple Supreme Court and High Court rulings across states have stated that water and electricity are essential services.

In a 2010 judgment, the Madras High Court, in Cosmo Towers Owners’ Association vs. Chennai Metropolitan Water Supply and Sewerage Board, said that disconnecting water supply to a resident’s flat interfered with their right to access common facilities. The court had clarified that while the association cannot cut off essential services, it has the right to take legal steps to recover unpaid dues from the residents.