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

Detailed Legal Analysis

If your housing society in Kannur is not maintaining the building, you have several options to address the issue effectively.

Firstly, it is essential to understand the responsibilities of the housing society as stipulated under the Kerala Apartment Ownership Act, 1983, and the relevant rules governing apartment ownership and management in Kerala. Here are the steps you can take:

• Review the Society By-Laws: Check the by-laws of your housing society, which should outline the duties regarding maintenance, repairs, and common area management.
• Document Issues: Gather evidence of the maintenance problems. This could include photographs, written complaints, and records of communication with the society management.
• Raise a Concern with the Management Committee: Formally address your concerns to the housing society's management committee in writing. Specify the issues and request a timeline for resolution. Ensure to keep a copy of this communication.
• Organize Residents: If several residents share the same grievances, consider organizing a group to approach the management. A collective voice can be more effective in compelling the society to take action.
• Request a General Body Meeting: If the management committee is unresponsive, request a general body meeting where residents can discuss the maintenance issues openly.
• Engage with Local Authorities: If the society still fails to act, you may approach the local authority, such as the Kannur Municipal Corporation, which can enforce building and safety standards.
• File a Complaint: If the situation does not improve, consider filing a formal complaint with the Kerala Real Estate Regulatory Authority (RERA) or the Consumer Forum under the Consumer Protection Act, 2019, if you believe your rights as a resident are being violated.
• Seek Legal Advice: If all else fails, consult a lawyer who specializes in real estate or civil law to explore the possibility of legal action against the society for breach of duties under the law.

Remember, under the Kerala Apartment Ownership Act, apartment owners have the right to demand proper maintenance and repairs, and failure by the society to fulfill these obligations can be legally challenged. Taking these steps will help ensure that your concerns are addressed appropriately.