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Water rights

RESIDENTS WHO LIVE in an apartment complex in the Corporate Area went home some time this year to find their water supply disconnected.

When they investigated they discovered that it had been disconnected because some of them had refused to pay additional maintenance fees.

The residents say they all have strata titles and it was members of the executive committee who called in plumbers to disconnect the water supply.

Some of the residents say they are very upset and are planning to take legal action against the executive committee which is responsible for the maintenance and upkeep of the apartment complex. One of the apartment owners explained that he was told to pay a certain sum per month as a maintenance fee.

"I pay the money every month at the office and I don't owe any maintenance. The executive body has a new project to undertake at the apartment complex and has ordered the residents to pay a substantial sum to assist with the project. Some of the residents objected to paying additional money and suggested that there should be fund-raising events such as barbeques and bingos to underwrite the project.

"The suggestion is not being considered by the executive body which some time ago took the high-handed approach to cut the pipes leading water to some apartments to force the occupants to pay. Many of the residents had to seek help to reconnect the water supply. This action has left us very distressed.

"We sought assistance from several policemen as to what criminal action could be taken against the members of the executive body but those policemen were not helpful. I have read where people are arrested and charged for disconnecting water supply from their tenants".

It is a criminal offence for members of any executive committee of an apartment complex or a landlord to disconnect the water supply. Criminal charges can be brought against them if a report is made to the police. Tenants and residents have a right to the quiet enjoyment of their premises and disconnecting the water supply would amount to a breach of the quiet enjoyment of one's property. You could consult a lawyer with a view to filing a civil suit against the members of the executive committee.

 
February 10, 2006
 

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