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

Detailed Legal Analysis

If your housing society in Bangalore is failing to maintain the building, you can take several steps to address the issue effectively.

Under the Karnataka Apartment Ownership Act, 1972, and the Karnataka Societies Registration Act, 1960, housing societies have a legal obligation to maintain and manage the common areas and facilities of the property. Here are the steps you can take:

• Document the Issues: Keep a record of all maintenance issues, including photographs, written complaints, and any correspondence with the society. This documentation will be crucial if you need to escalate the matter.
• Raise the Issue with the Managing Committee: Your first step should be to formally raise the issue with the managing committee of the housing society. You can do this by:
  • Writing a letter outlining the specific maintenance issues.
  • Requesting a meeting to discuss the issues in person.
• Hold a General Body Meeting: If the managing committee does not address your concerns, you may call for a general body meeting of the society. According to the by-laws of most housing societies, a certain percentage of members can request such a meeting. During this meeting, you can:
  • Present the documented issues.
  • Propose resolutions for better maintenance.
• File a Complaint with the Registrar: If the society continues to neglect the maintenance, you can file a complaint with the Registrar of Societies in Karnataka. The Registrar is empowered under the Karnataka Societies Registration Act, 1960, to take action against societies failing to comply with their obligations.
• Seek Legal Recourse: As a last resort, you may consider filing a civil suit against the society for breach of duty. Under the Indian Contract Act, 1872, and relevant provisions of civil law, you can seek a remedy for non-performance of maintenance obligations.

Additionally, consider consulting with a lawyer who specializes in property law to explore your options and ensure your rights are protected. Keep in mind that the cooperative housing society is bound by the principles of good governance, and you have the right to demand accountability from them.