Association to reduce the utilities or supply of service

(1) If an apartment owner either wilfully violates or evidently threatens to violate the provisions of this Act and the bye-laws, including failure to pay the common expenses, which are payable by him under this Act for a period of more than three months, the general body of the association of allottees concerned may, after giving notice of not less than seven days to such apartment owner, may pass a resolution to cut off or withhold or in any manner curtail or reduce, any essential supply or service enjoyed by the apartment owner:

Provided that the association of allottees 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 to the concerned apartment owner by registered or speed post and fifteen days expired from the date of its being sent and its copy is displayed at some conspicuous place of the apartment.

Explanation.―For removal of doubt, it is hereby clarified that the power to take action under this sub-section shall not prejudice the other rights and remedies of the association of allottees available under this Act or under any other law for the time being in force.

(2) On continuation of default of payment of common expenses for a period of one year, the arrears shall be recovered as arrears of land revenue in the manner provided under the Odisha Public Demands Recovery Act, 1962.

(3) 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 thirty 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, as he deems fit. (a) the property shall be deemed to be owned in common by the apartment owners; (b) the undivided interest in the property owned in common which shall appertain to each apartment owner, shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities; (c) any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the undivided interest of the apartment owner in the property as provided therein; and (d) the property shall be subject to partition in a suit filed by any apartment owner, in which event, the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in equal to the percentage of undivided interest of each apartment owner in the property after paying out all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. (2) In the event of damage caused to any service or utility line of an apartment or of any other sort of damage that may be a cause of concern to other apartment owners or to the association of allottees, the owner of the apartment where such damage is caused shall repair or rectify or replace or make good such event within five days in case of minor repair and within one month in case of major repair. (3)The magnitude of damage shall be as mutually agreeable between the owners of the apartment and in case of any difference of opinion the decision of the Executive Committee of the association of allottees shall stand final. (4) The liability of making good the damage lies with the apartment owner where the damage has occurred and if the apartment owner fails to rectify the damage within the time prescribed in sub-section (2), the Executive Committee of the association of allottees shall proceed to rectify the same immediately and the cost of same shall be recovered from the owner of the apartment where the damage had occurred.