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

Detailed Legal Analysis

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

Under the provisions of the Bihar Apartment Ownership Act, 2006, and the Indian Contract Act, 1872, residents of a housing society have the right to seek redress for non-compliance with maintenance duties. Here’s what you can do:

• Review the Housing Society By-Laws: Start by reviewing the by-laws of your housing society to understand the responsibilities and obligations concerning maintenance. These by-laws usually outline the duties of the managing committee and the rights of the members.
• Document the Issues: Keep a detailed record of the maintenance issues, including photographs and written descriptions. This documentation will be useful for any complaints or legal actions you may pursue.
• Communicate with the Managing Committee: Approach the managing committee with your concerns. You may write a formal letter detailing the maintenance issues, referencing the specific by-law provisions that support your claims. Request a written response.
• Form a Group of Residents: If others in the society are facing similar issues, consider forming a group. A collective approach can be more effective in prompting the committee to act.
• File a Complaint with the Registrar: If the society fails to respond or address the issues, you can file a complaint with the Registrar of Societies under Section 30 of the Bihar Apartment Ownership Act, 2006. This can compel the society to take action.
• Seek Mediation: If the situation does not improve, consider mediation as an option. The Bihar Apartment Ownership Act allows for disputes to be resolved through mediation before escalating to legal proceedings.
• Legal Action: As a last resort, you may file a civil suit in the local court under Section 67 of the Indian Contract Act, 1872, for breach of contract, as the society has a contractual obligation to maintain the property. Consult a lawyer to understand the legal implications and procedures.

It is important to act promptly and follow the prescribed methods to ensure that your concerns are addressed effectively. Legal assistance may provide you with further guidance tailored to your specific situation.