Section 22 in The U.P. Apartment (Promotion Of Construction, Ownership And Maintenance) Act, 2010
22. Board to cut-off, withhold, curtail or reduce essential supply of service.
(1)If an apartment owner;(a)either will fully violates or evidently threatens to violate the provision of sub-section (1) or sub-section (2) of Section 6, or(b)fails to pay the common expenses, which are payable by him under this Act for a period of more than 6 months,the general body of the Association of Apartment Owners concerned 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 such Association of Owners 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 of Apartment Owners 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 15 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.
