BHUBANESWAR: In a landmark decision, the Bhubaneswar Development Authority (BDA) has made history in Odisha by granting an order that empowers an association of residential project allottees. This ruling allows the association to disconnect vital services to units that fail to pay monthly maintenance charges consistently.
The allottees’ association filed a complaint with the competent authority regarding the ongoing non-payment of shared expenses by certain flat owners. The BDA reviewed the case and ruled in favor of the association, referencing provisions from the Odisha Apartment (Ownership and Management) Act of 2023.
In total, four homeowners out of approximately 160 in the project have refused to pay the association’s monthly maintenance fees, arguing that the association has not yet registered under the act, and that the promoter should cover maintenance for common areas and facilities.
However, the association’s secretary clarified that it had been properly registered and that the maintenance of shared areas and facilities is now the association’s responsibility, which necessitates individual contributions from all allottees.
The BDA emphasized Section 19 (1) of the Odisha Apartment (Ownership and Management) Act, 2023, which states that if an apartment owner willfully neglects their duty or threatens to do so, the association can cut off essential services after three months of unpaid common expenses.
Carding the conclusion of the hearing, the BDA instructed: “Allottees are mandated to settle their outstanding dues related to common expenses within one month from the date of this order.” It added that the association has the right to take further action as prescribed in the Act if the notice period is not observed.
Real estate professionals praised the BDA’s decision, suggesting it encourages accountability among apartment residents. “In a community living setting, shared responsibilities must be acknowledged by all residents. Some individuals’ reluctance to meet these obligations can lead to dissatisfaction among others,” stated expert Bimalendu Pradhan, regarding the significance of the order.
