• Repairs of the compound wall which moved across peripheri of society

Our community ( bunglows ) have circular compound wall, while it passes through some bunglows from backside , it also passes through common plots ( back side ). During rainy season the compound wall behind 3 of the bunglows washed away 6 months back. As since society has already taken over the management from builder 3 years back, its refusing to repair the wall. Is there any law which stipulates the repairs and maintenance by society of this compound wall ? Or is it the responsibility of the individual house owners to repair it ?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

model bye-laws  160  which says that the following Repairs and Maintenance of the Society’s property shall be carried out by the society at its cost:

A)(i) All Internal Roads

(ii) Compound walls

(iii) External water pipes

(iv)Water pumps

(v) Water storage tanks

(vi) Drainage lines

(vii) Septic tanks

(viii) stair-cases

(ix) Terrace and parapet walls

(x) Roof of flats

(xi) Staircases lights

(xii) Street lights

(xiii) Outside walls of the building/buildings

(xiv) All leakages of water (xv) electric lines up to main switches in the flats and (xvi) lifts if any

(xvii) Roofs of the flat and ceiling and the plaster thereon on the top floor on account of the leakages of the rain water through the terrace.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes it is applicable to Maharashtra 

 

but Gujarat May have similar provisions as repairs to common wall is society duty 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A common compound wall is a part of the common area/amenity meant for the security of all the residents. As such, the responsibility of repairing and maintaining it lies squarely on the society and not upon the individual house-owners.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

it is the responsibility of the society to maintain and repair common areas, including the compound wall. The society should take appropriate steps to ensure that the wall is properly repaired and maintained. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- As per law, a Society is a body that represents interest of people living in the  society and is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.

- Further, the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.

- Further, under section 160 of the Model bye-laws , the society is responsible for the repair & maintenance of the   Compound wall.

- Hence, if the society refuse , then you can lodge a compliant before the Registrar.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If there's a housing society governing all the houses situated within complex of society and the society is collecting maintenance amount regularly besides the corpus funds,  moreover since the compound wall comes under common area,  it becomes the duty and burden of the society to renovate or reconstruct the compound walls. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your own society's bylaws can be visited for getting clarity on the subject. 

If the society acquired the compound wall as part of common area, then it becomes the duty of society to undertake the repair work. 

Of the office bearers refuse then you can make a complaint against them with the registrar of cooperative society for remedial actions. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  

The responsibility for repairing and maintaining the compound wall will depend on the specific provisions of the by-laws or regulations of your community, as well as any applicable local laws or regulations.

In general, the society or homeowners' association that manages the community is responsible for maintaining common areas and facilities, such as the compound wall. This responsibility is often outlined in the by-laws or regulations of the society or homeowners' association.

You should review the by-laws or regulations of your society or homeowners' association to determine who is responsible for the repair and maintenance of the compound wall. If the by-laws or regulations are silent on this issue, you may need to consult with a local attorney or seek guidance from your local municipal authorities to determine who is responsible for the repairs.

If it is the responsibility of the society to repair the compound wall, you may want to raise the issue with the management committee or board of directors of the society and request that they take action to repair the wall. If they refuse to do so, you may need to consider taking legal action to enforce the society's responsibilities.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

No for gujrat you need to get other laws for societies 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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