Sayed Maqsood Ahmed 01 December 2022

creating major repair fund under bye law 13 a of the model society act of Maharashtra state

dear Sir

our housing society had in the past carried out water proofing / water leakage work in the podium 2 buildings in 2020 which is external work with partial success and wasted society's funds for this work under major repair at their own cost.

there is still water leakage in the podium when we are in 2022. so our MC of society is going to create a major repair fund to get this job done and asking members of 2 buildings out of 5 buildings to share 50% cost of the repair.

we told our society that since the work is external its the responsibility of the society to get it repaired under bye law 159 a of the society act

also we pointed put that water proofing work does not come under major repair fund category.

please advice correct bye law so that we can tell our society that they must carry out all external Leakage work at their cost . and quote some HC or SC judgement on this subject.

thanks and best regards

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Quick Summary

A housing society in Maharashtra is attempting to create a 'major repair fund' to address ongoing podium water leakage issues, asking residents of two buildings to cover 50% of the costs. The resident argues that external repairs are the society's responsibility under bye-law 159a and that waterproofing may not qualify as a 'major repair'. The society has reportedly misled the deputy registrar and is pressuring residents, despite having approved other works. The resident seeks clarification on the correct bye-laws and legal precedents to challenge the society's actions.

2 Replies

Dr J C Vashista (Advocate) 02 December 2022

Raise the issue(s) with Society managment committee and general body meeting and sort out the problems.

Sayed Maqsood Ahmed 02 December 2022

Dead Dr

Many thanks for your valuable advice

since 2019 I have Been communicating with the society/mc and quoted various provisions of bye laws of model society that its the moral responsibility of the society to perform all minor and external leakage work bit they didn't reply to my single mail so far. The society on one had is shouting that they don't have sufficient funds to carry out this work and on the other hands the society has recently approved 3 works for Rs. 16 lakhs.

In fact the society misled the dy registrar of our ward and took his view by passing the owners that the society has passed a resolution in the AGM to create a MAJOR REPAIR FUND to carry out water leakage/::water proofing work of the podium of 2 buildings and that owners of 2 buildings where leakage is occurring which is against the bye law. The society/ MC is threatening owners that if they don't cooperate they will report them to the nearest authorities and they will be responsible for any untoward incident taking place.

I have decided to challenge the opinion of the Dy Registrar as per bye law 159 a of the model society act.

Am I correct.

Best regards