Bldg is in need of critical repairs
9 months ago
Our building ( 2 wings , 7 storeys) 42 flats. Bldg is in need of critical repairs. Last year in society meeting resolution was passed to undertake repairs,bl while simultaneously exploring redevelopment aspect. The foundation pillars got repaired last year with existing funds then repair works were halted by a group of lower floor residents. This year again a resolution was passed to continue repairs as upper 2 floors are in dire straits . The scaffolding has arrived last week. Again we have got objection letter from the same bunch of people to hold back repairs as they don't want to shell out monies and this bunch are advising the management committee to probe redevelopment. In short this Bunch of people are always able to sabotage the group. They are 19 signatories to this objection letter , mostly from the B wing. The MC is weak and is bullied often. What is the legal standing that can back up the MC decision to undertake the repairs.
A registered society is governed by its Byelaws that specify the rights and responsibilities of the resident member of the society. A fraction of member residents can not protest a decision taken on a majority of votes in the duly convened executive meeting to protect the common interest of the resident members. In the prevailing situation, you may bring the matter to the notice of the Registration Authority for a resolution in the matter, failing which you may serve a notice to the errant resident members informing the provision of Byelaws that in case of any protest/objections or unethical attitude against the execution of the decision of EC may lead them to face legal consequences apart from the stoppage of all sorts of maintenance services.
Somebody else must get issue a legal notice and let the matter taken to Civil Court and it will decide the matter legally.
Anonymous
Replied 9 months ago
Thankyou sir.
The legal standing and authority of the Management Committee (MC) to undertake repairs in a housing society can vary depending on the laws and regulations specific to your jurisdiction. However, there are some general principles that can help guide the situation:
Society Bylaws and Rules: Review the society's bylaws and rules to understand the powers and responsibilities of the MC. These documents typically outline the decision-making process and the authority granted to the MC for repairs and maintenance of the building.
Maintenance and Repair Fund: Check if the society has a dedicated fund for maintenance and repairs. If so, the MC may have the authority to utilize these funds for necessary repairs, subject to any conditions or limitations specified in the bylaws.
Resolution in Society Meeting: The resolution passed in the society meeting to undertake repairs indicates the collective decision of the members. It is generally considered binding unless there are legal or procedural irregularities. The MC can rely on this resolution as the basis for their decision to proceed with repairs.
Duty of Care and Safety: The MC has a duty to ensure the safety and well-being of all residents. If the upper floors are in dire straits and require urgent repairs, the MC can argue that the repairs are necessary to maintain the structural integrity of the building and protect the residents.
Professional Opinion and Reports: If available, it can be beneficial for the MC to obtain professional opinions or reports from structural engineers or experts highlighting the urgent need for repairs. These expert opinions can support the MC's decision and provide objective evidence of the building's condition.
Legal Advice: In situations where a group of residents consistently obstructs necessary repairs, it may be advisable for the MC to consult with a legal professional specializing in housing and cooperative society laws. They can provide guidance on the specific legal provisions and options available to address the situation, such as enforcing the resolution or seeking court intervention if necessary.
Anonymous
Replied 9 months ago
Thankyou for your timely reply and opinion. Its much appreciated. Kind regards
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