Not happy with the management of your housing society?
A special general body meeting can be convened for removal of the management committee or its officials if they fail to look after a society’s facilities
The previous column discussed t he i mportant points in respect of transfer of membership in a Cooperative Housing Society (housing society) as governed by t he Delhi Co- operative Society Act, 2003 (Act) and Delhi Cooperative Societies Rule, 2007 (Rules) framed thereunder. This column will discuss the duties of the management committee vis- a- vis maintenance of the housing society complex.
A housing society is created to promote the interests of its members and to fulfill the objects for which it is created. The society will be duty-bound to look after the interests of members occupying/residing in the apartment/dwelling unit, even after apartments have been allocated to them.
The common areas, services and facilities in the housing society complex are for common enjoyment and use of members. The Act and Rules make the management committee of the housing society complex to manage the affairs of the complex, to maintain and regulate common areas, services and facilities in the housing society complex. Such services/ facilities are needed by the members to enjoy their property in the complex/ building to the fullest.
In terms of rule, the management committee is under obligation to do the following: To maintain essential services in a housing society complex on a regular basis, such as electricity supply, water supply, sewage, garbage disposal, running of l i f t s, borewells, gensets, water harvesting systems and maintenance of green areas, security services, availability of plumber, fire safety equipment and other services specified by the The society’s management committee should maintain all essential services such as electricity and water supply general body of the housing society.
To carry out repair work and maintenance of the property of the housing society. To carry out regular inspection of items and taking immediate action for repair and maintenance out of housing society fund for internal roads; compound wall; external water pipelines; water pumps; water storage tanks; drainage lines; septic tanks; staircases; structural repairs of roofs of all flats; outside wall/ exterior of the building(s); maintenance of It should carry out regular inspection of internal roads, water pipelines, staircases and other structural repairs parks; common parking and garages; power back-up; lifts; damaged ceilings and plaster on the top floors on account of leakage of the rainwater through the terrace; any other common property/space/facility/services as prescribed by the general body .
To insure housing society building(s)/complex equipment, fixtures and fittings e t c a g ai nst t he r i s k of earthquakes and other allied perils.
To prepare a disaster management plan for the building and complex and implement It has the power to initiate proceedings for recovery against defaulting members who fail to pay the charges within 30 days and update it regularly. To prepare a fire prevention plan and create awareness, conduct drill about its prevention and evacuation etc in consultation with the local fire department.
In case of complaint by any member/occupant in respect of any of the items mentioned above, the management committee is required to take suitable action regarding the same within a period of 15 days from the date of complaint.
Every housing society after obtaining approval at the general body meeting is required to frame regulations of essential services from time to time, which shall contain details of services to be provided and charges to be recovered for such services from the members and residents of the housing society.
The costs of maintenance of common areas and facilities, repairs and replacement are met from charges paid by member/ owners/occupants of the flat/ units in the housing society complex. The management committee has the power to initiate proceedings for recovery against defaulting members who fail to pay the charges within 30 days of demand by the management committee.
It may be noted that in the event of the management committee or any of its officers failing to fulfill any of the above responsibilities towards the housing society, a special general body meeting may be convened for removal of the committee and/or any of its officers. Further, the registrar may also, pass an order for removal of the committee or its officers if in his opinion the management committee is negligent in performing the duties/responsibilities imposed on it under the Act.