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Maintaining a housing society in India is a collective effort that requires clarity on who is responsible for what. Confusion over repair duties often leads to disputes, delays, and safety hazards. This blog post outlines common repairs, categorizes responsibilities between the managing committee and individual members, and highlights relevant laws, bye-laws, and best practices.
1. Repairs Managed by the Society Managing Committee
As per Indian housing society laws and bye-laws, the managing committee (MC) is legally obligated to maintain common areas and structural elements of the society. Here’s a breakdown:
A. Structural Repairs
- Building Foundation, Walls, and Roof
- Cracks in load-bearing walls, foundation subsidence, or roof leaks affecting multiple units.
- Legal Basis: Model Bye-Laws (under the Maharashtra Cooperative Societies Act, 1960, or state-specific laws) mandate societies to ensure structural safety.
- Fact: 65% of building collapses in India are due to poor maintenance (National Disaster Management Authority).
- Common Plumbing and Water Supply Systems
- Repairs to main water pipelines, overhead tanks, sewage lines, and stormwater drains.
- Bye-Law Reference: Most state bye-laws (e.g., Karnataka Societies Registration Act) hold the MC responsible for shared utilities.
- Electrical Systems in Common Areas
- Faulty wiring in corridors, elevators, parking lights, or main distribution boards.
- Law: Compliance with the Indian Electricity Rules, 1956, and safety audits under the National Building Code (NBC).
- Elevators and Lifts
- Maintenance contracts, annual inspections, and part replacements.
- Fact: Elevators must undergo mandatory inspection every 6 months (Licensed agencies under state lift acts).
- Parking Areas, Gardens, and Clubhouses
- Potholes in parking lots, broken benches, or damaged clubhouse facilities.
B. Legal Compliance & Safety Repairs
- Fire Safety Systems: Fire extinguishers, hydrants, and smoke detectors in common areas (Mandatory under National Building Code and Disaster Management Act, 2005).
- Earthquake Retrofitting: For older buildings in seismic zones (Guidelines by NDMA).
2. Repairs Handled by Individual Members
Individual owners are responsible for maintaining their private units and fixtures. The MC is not liable unless damage affects common areas.
A. Internal Repairs
- Plumbing Within the Apartment
- Leaks from internal pipes, faulty taps, or clogged sinks.
- Bye-Law: Most societies prohibit residents from altering shared plumbing without approval.
- Electrical Wiring Inside the Unit
- Repairing switches, internal fuse boxes, or wiring defects.
- Law: Residents must follow Central Electricity Authority (CEA) Regulations for safety.
- Doors, Windows, and Grills
- Damage to private entry doors, windows, or balcony grills.
- Internal Walls and Flooring
- Cracks in non-load-bearing walls, tiles, or flooring within the unit.
B. Modifications and Extensions
- Installing AC units, satellite dishes, or security cameras on society property requires MC approval.
- Bye-Law: Unauthorized extensions (e.g., balcony enclosures) can lead to penalties under Municipal Corporation Acts.
3. Key Laws and Bye-Laws Governing Repairs
- Model Bye-Laws (State-Specific)
- E.g., Maharashtra Cooperative Societies Act’s Bye-Laws:
- Bye-Law 64: MC must maintain common areas.
- Bye-Law 70: Residents must repair own units without damaging society property.
- E.g., Maharashtra Cooperative Societies Act’s Bye-Laws:
- Transfer of Property Act, 1882
- Section 108: Obligates owners to maintain their property and avoid nuisance to neighbors.
- Consumer Protection Act, 2019
- Residents can file complaints against MCs for neglecting common repairs.
- Municipal Building Bye-Laws
- Require societies to obtain permits for structural repairs or renovations.
4. Best Practices to Avoid Disputes
- Regular Audits: Conduct quarterly inspections of common areas.
- Reserve Fund: Allocate 15–20% of society funds for emergencies (as per Income Tax Act guidelines).
- Clear Communication: Use notices/Apps to inform residents about repair schedules.
- Documentation: Maintain records of approvals, contractor agreements, and invoices.
5. Case Studies & Precedents
- Sudhir Madan vs. Mavoori Gardens (2020): A resident was held liable for water damage to a lower floor due to negligent plumbing repairs.
- Delhi High Court Ruling (2018): MCs must prioritize fire safety upgrades in high-rises.
Conclusion
Clarity on repair responsibilities ensures smoother operations, legal compliance, and harmony in housing societies. While the managing committee handles common areas, residents must proactively address internal repairs. Always refer to your society’s registered bye-laws and consult legal experts for complex disputes.