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

Detailed Legal Analysis

What the law says

You can take action against your housing society for failing to maintain the building under the Karnataka Apartment Ownership Act, 1972. According to Section 14 of this Act, the society is obligated to maintain the common areas and facilities of the building. If the society neglects its duties, you can file a complaint with the Registrar of Cooperative Societies or approach the Consumer Forum under the Consumer Protection Act, 2019.

Who can file or apply

The following individuals can file a complaint against the housing society:

• Any apartment owner or resident of the housing society.
• A group of residents can collectively file a complaint.
• The Secretary or any member of the managing committee of the society can also file on behalf of the residents.

Documents required

To file a complaint, you will need to prepare and submit the following documents:

• Copy of the sale deed or title deed of your apartment.
• Proof of membership in the housing society (e.g., society share certificate).
• Minutes of meetings where maintenance issues were discussed.
• Photographic evidence of the maintenance issues (if applicable).
• Any correspondence with the society regarding the maintenance issues.
• Identity proof (Aadhaar card, PAN card, etc.) of the complainant.

Procedure and timeline

The procedure to file a complaint against the housing society involves the following steps:

• Gather all necessary documents as listed above.
• Draft a formal complaint letter detailing the maintenance issues and the society's inaction.
• Submit the complaint to the Registrar of Cooperative Societies or the Consumer Forum, depending on the route you choose.
• If approaching the Consumer Forum, ensure to file within two years from the date of the cause of action as per Section 24A of the Consumer Protection Act, 2019.
• Attend the hearings as scheduled by the forum or authority.

The timeline for resolution can vary significantly based on the forum and the complexity of the case, but typically, a Consumer Forum may take a few months to a year to resolve the complaint.

What to do next

After filing your complaint, you should:

• Keep track of all communications and hearings related to your case.
• Follow up with the Registrar of Cooperative Societies or the Consumer Forum if you do not receive a response within a reasonable time.
• Consider gathering support from other residents to strengthen your case.
• If the society still fails to act after the complaint, you may need to consider legal action through a civil suit for specific performance or damages.

Taking these steps can help ensure that your housing society fulfills its obligations towards maintaining the building and common areas.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.