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

Detailed Legal Analysis

If your housing society in Mangalore is not maintaining the building, you can take several steps to address the issue effectively.

Under the Karnataka Ownership of Flats Act, 1972, and the Karnataka Apartment Ownership Act, 1972, housing societies have a legal obligation to maintain the common areas and facilities of the building. Here are the steps you can follow:

• Review Society By-Laws: Check the by-laws of your housing society to understand the responsibilities and duties of the managing committee regarding maintenance.
• Document Issues: Take photographs and keep records of the maintenance issues, such as leaking roofs, unclean common areas, or broken amenities. This documentation will support your case.
• Communicate with the Managing Committee: Formally communicate your concerns to the managing committee. You can do this through a written letter or an email, requesting a meeting to discuss these issues. Ensure you keep a copy of your communication.
• Organize Residents: If other residents share your concerns, organize a meeting to discuss collective action. A united front can be more effective in addressing the issue.
• File a Complaint: If the managing committee fails to respond or address the maintenance issues, you can file a complaint with the Registrar of Co-operative Societies under the Karnataka Co-operative Societies Act, 1959. The Registrar has the authority to investigate and take necessary actions.
• Seek Legal Action: As a last resort, consider legal action against the society for breach of trust or negligence. You may file a civil suit in the appropriate court, seeking relief and compensation for damages due to the lack of maintenance. Relevant sections of the Indian Contract Act, 1872, may apply if there is a breach of obligations.
• Consumer Forum: Alternatively, you can approach the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019, if the negligence leads to loss or harm.

It’s essential to keep all communications professional and documented, as this will strengthen your case should you need to escalate the matter legally. Engaging a lawyer can also provide you with specific legal advice tailored to your situation.