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

Detailed Legal Analysis

If your housing society in Kohima is not maintaining the building, you can take several steps to address the issue, including raising your concerns formally, seeking mediation, and, if necessary, pursuing legal action.

Here are the steps you can take:

• Review the Bye-laws: Check the bye-laws of your housing society, which outline the duties and responsibilities of the management committee regarding maintenance and upkeep. These bye-laws are typically registered under the relevant state laws.
• Document the Issues: Keep a record of all maintenance issues, including photographs, dates, and descriptions of the problems. Documentation will be crucial if you decide to escalate the matter.
• Formal Complaint: Write a formal complaint to the management committee of the housing society, detailing the maintenance issues and requesting prompt action. Ensure that you send this letter via registered post to maintain a record of your communication.
• Attend Society Meetings: Attend the general body meetings of the society and raise your concerns. This approach can sometimes lead to immediate action as it involves a larger audience of members who can support your cause.
• Mediation: If the management committee does not respond satisfactorily, consider seeking mediation. Engage with other members of the society to collectively address the issue, which can strengthen your case.
• Legal Notice: If the problem persists, you may issue a legal notice under Section 138 of the Specific Relief Act, 1963, which can compel the society to take action regarding the maintenance of the building.
• Consumer Court: If the housing society fails to act despite a legal notice, you can approach the Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, as a housing society is considered a service provider.
• File a Civil Suit: As a last resort, you may file a civil suit in the local court under the Code of Civil Procedure, 1908, seeking specific performance of the society’s obligations or damages for the failure to maintain the premises.

It is essential to remember that the laws governing housing societies vary by state, so it may also be helpful to consult with a local lawyer specializing in property law for tailored advice. In Nagaland, the Nagaland Apartment Ownership Act, 2005 may also be relevant.