Can AOA stop electricity supply to adjacent society after takeover?

Our group housing society consists of flats, a few villas, and some plots. The builder obtained a single electricity connection in his name, with all equipment (transformer, etc.) located in our society, and extended the electric supply to his adjacent society comprising plots. Although late, we have formed and registered the Apartment Owners Association (AOA) against the builder's will. The load on the connection is already more than the sanctioned load. As per Section 14(5) of the UP Apartment Act 2010, the AOA will take over the management of the common area and facilities. Can our AOA stop sharing the electric supply with the adjacent society: (1) after taking over the management of common areas and services, (2) after the physical handover from the builder, or (3) if not, will it continue permanently?

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Advocate By LEAD INDIA Answered: 21 Feb 2025

The AOA can stop sharing electricity with the adjacent society after taking over the management of common areas and services. However, the AOA must review the original agreement between the builder and the electricity provider to understand the legal implications. Consult with a lawyer to ensure there are no contractual obligations preventing the cessation of the shared supply and to handle any potential legal complications. For further legal assistance contact us on our helpline number.
 

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