In housing societies, structural audits are mandatory, especially for buildings that have aged beyond a specific number of years, as per civic regulations. These audits ensure the building’s safety, recommend necessary repairs, and help mitigate the risk of any untoward incidents. When a society collected funds from its members based on a structural audit report and fails to carry out the suggested repairs, it becomes a serious matter of both negligence and potential legal liability.
One such example is when a society collects funds for repair works, including terrace waterproofing or structural rehabilitation, but chooses instead to keep the funds in a fixed deposit. While this might generate interest income, it is being done at the cost of members’ safety and comfort. If your flat is suffering from leakage due to a lack of terrace repairs, you have strong grounds to take action.
Responsibility of the Housing Society
According to the Model Bye-laws (particularly Bye-laws 159 and 174), it is the society’s responsibility to:
- Conduct structural audits as per the rules (usually every 5 years after 30 years of building age).
- Implement the repair work suggested in the audit report without delay.
- Utilize the repair fund collected from members solely for the purpose for which it was collected.
- Submit the structural audit report and intended repair plans to the local authority (e.g., BMC in Mumbai).
If these obligations are not fulfilled, the society may be held accountable for negligence, and affected members have the right to seek redress.
Steps You Can Take if Your Flat Is Leaking and Repairs Are Pending
- Request a Copy of the Structural Audit Report:
Ask your society to provide a copy of the structural audit report and the letter submitted to the BMC about the intended repairs. - File a Complaint with BMC:
If your society has not initiated repairs despite submitting the audit report, lodge a complaint with the BMC for non-compliance under safety norms. - Approach the Cooperative Court:
File a case in the Cooperative Court against the society for not carrying out essential repairs and for mismanagement of funds. - Consumer Complaint:
Since the issue affects your home’s habitability and involves a monetary transaction, you may also file a case before the Consumer Commission, claiming deficiency in service and inconvenience caused due to the leakage. - Write to the Registrar of Cooperative Societies:
Highlight the misutilization of funds and request an inquiry under the Maharashtra Cooperative Societies Act.
Why Fixed Deposits Cannot Be a Substitute for Repairs
Societies sometimes claim that keeping money in an FD ensures long-term financial stability. However, if immediate repairs are needed—especially those impacting safety—then delayed action may not only risk lives but also increase repair costs later. It is legally and ethically wrong to delay such work, particularly when funds have already been collected.
Members should remain vigilant and ensure that societies are accountable for their responsibilities. Structural repairs, especially those identified in audit reports, are not optional. If you are facing issues like leakage or other structural damage and the society is not acting, use the legal remedies available. Ignoring such violations can lead to safety hazards and further financial loss.
