My housing society in Aurangabad is not maintaining the building what can I do

Detailed Legal Analysis

If your housing society in Aurangabad is failing to maintain the building, you have several legal avenues to address this issue under Indian law.

Firstly, it is essential to understand the obligations of the housing society as per the Maharashtra Housing Societies Act, 1960, which governs the functioning of cooperative housing societies in Maharashtra. Here are the steps you can take:

• Review the Bye-laws: Check the bye-laws of your housing society to understand the specific maintenance obligations and the procedures for addressing grievances.
• Document the Issues: Take photographs and make a record of the maintenance issues, such as leaks, electrical problems, or sanitation issues, to substantiate your complaint.
• Raise the Issue in Society Meetings: Bring up the maintenance issues during the society’s general body meetings and request immediate action from the managing committee.
• Submit a Written Complaint: If the issues persist, submit a formal written complaint to the society’s managing committee, detailing the problems and citing the relevant bye-laws that are being violated.
• Request for a Special General Meeting: If the managing committee does not respond, you can request a Special General Meeting (SGM) under Section 75 of the Maharashtra Cooperative Societies Act to discuss maintenance concerns.
• Lodge a Complaint with the Registrar: If the society continues to neglect its duties, you can file a complaint with the Registrar of Cooperative Societies under Section 91 of the Maharashtra Cooperative Societies Act. The Registrar has the authority to take action against the society for failure to comply with its obligations.
• Seek Legal Recourse: If the above steps do not lead to resolution, you may consider approaching the local civil court or the Maharashtra State Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, for compensation or specific performance of maintenance obligations.

It is advisable to consult with a legal expert specializing in cooperative housing law to navigate the process effectively and safeguard your rights as a member of the housing society.