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Obligatory Repairs & Maintenance of Common Areas and Facilities
               (This article is written both for my fellow-apartment –owners and for my Apartment Owners’ Association)
                                                  [Apartment Owners’ Association = AOA]

                                                      CHAPTER – I
                                       Building Of A Common Maintenance Policy

Working together to maintain common areas and facilities of our property
In an apartment community, there are one or more multi-storied buildings that house multiple
living units. Apart from the individual units themselves, the apartment has common areas and
several facilities. The whole property is situated in a defined parcel of land. For typical apartments,
the ownership concept is that an owner has exclusive right over his or her apartment while holding
a proportionate undivided and un-demarcated interest in the land, common areas and common
facilities.

A few number of the disputes that often arise between occupants of apartments in different
complexes of our status pertain to the misuse of the common areas and non-obeying the
obligations for those areas and facilities. The genesis of the solution to this problem lies in
understanding the nature of a common area and the owners’ obligations to be performed for that
purpose.

Every apartment owner must enjoy the common areas, in common with the other apartment
owners and all expenditures on account of maintenance too shall be divided among them. Repair,
replacement, and maintenance are the administrative responsibilities of the elected AOA.
Therefore, it's important to keep common areas and facilities in good repair-- this helps prevent the
need for large expensive repairs.

Now I want to concentrate my opinion only in the matter of repair, replacement and maintenance
of our property and how we can work together to maintain those areas and facilities. It is needless
to say that providing common expenses for living in an apartment, situated in a single building is
gradually becoming a costly affair but the common expenses for the livelihood in a housing complex
become comparatively more costly for its dedicated upkeep of larger areas and several facilities.

In spite of that, I cannot, in any way, subject my co-owner or co-owners to suffer in general for the
purpose of repair, replacement and maintenance of our common areas and facilities and also for
the necessity of providing fund for undertaking such maintenance or developmental programmes. I
understand that, this is my inherent obligation for living in a housing complex which I have to obey
and must comply with.
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Need of constructing an effective maintenance plan
Preparation of an ad-hoc maintenance work-plan for our property is generally not difficult to do.
But creation of a long term comprehensive maintenance policy and programme that is effective
within our means is associated with some challenges.

At this time, after the elapse of more than five years of our dwelling at this classy and unique
housing complex, we are now to look after the property in suitable manner otherwise the
anticipated life of our buildings and other materials and services of this housing complex will be
reduced or will become non-workable. Hence, AOA (read We) should look into the matter with
professional approach and prepare a budget provision for repair, replacement, renovation and
maintenance, etc.

Establishing a good building maintenance schedule for our common property
Collectively we are to develop a table to show how and what we should be doing to maintain our
common property and how often. We may need a detailed survey to establish the actual condition
and to tell our members where we are in the life cycle of the various elements of our buildings and
services.

Repairs and maintenance works comprise (a) all repairs including whitewash and painting, renewals
and replacements necessitated for technical and engineering reasons and (b) works required to
make good the damage to buildings, installation and services caused by extraordinary reasons.

So, it is useful to understand how they should be dealt with. The roof is a good example. If we
approach certain contractors, they may suggest that the entire roof needs to be replaced. In
absence of any policy frame-work, it is very difficult to decide on the scope of work (patch or
thoroughly repair or replacement) actually needed at any point of time. Professional advice from a
civil engineer or architect could save our good-relation with other co-owners, costly money and
unnecessary work-load.

Though it is much better to carry out a full programme of work on a good standard rather than
patch and repair but often it is very difficult for the AOA to take unanimous decision on priority and
nature of work, its quantity and requirement of fund etc as general members generally fail to stand
at one on such issues. In spite of that developmental work have taken places at various housing
complexes and in future also it will be there. So, we may conclude that the situation is not hopeless
at all in our case also.

Classification of repairs and maintenance works
Based on the time-frame, following is the list of various types of repairs and maintenance works:-

Petty repairs, minor repairs, periodical maintenance, routine repairs and maintenance, seasonal
repairs and maintenance, monsoon damage repairs, urgent/emergency repairs, statutory repairs,
replacements and maintenances.
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Every year

gutter cleaning, clearing of bushy trees from exterior part of the buildings, cleaning of water tanks,
roof inspection and minor reactive repairs including emergency maintenance of pumps and
electrical fittings,

Every 3–5 years

External paint work on roof-doors, roof-windows, collapsible gates, main iron gates, iron grills,
boundary-wall repairing and painting, patch civil work etc.

Every 5–10 years

Patch civil work, painting of interior stairs, painting of buildings, replacement of pumps etc.

Every 10–15 years

Replacement or Major maintenance of lifts, etc.

As you know that it is critical to maintain as well as to enhance the asset value of any property
without proper maintenances. Even undertaking of minor repair work regularly is an essential
programme to maintain property on a tolerable standard. The policy makers connected with
apartment maintenance must make sure that a building or apartment complex remains in good
condition by performing the necessary repairs and upkeep.

However, apartment owners often face doubts about Apartment Owners’ Association, their
functions and powers. Sometimes, confused-owners and residents deter them on issues of
maintenance, payment of common expenses, sharing of repairing charges and restriction on certain
acts etc. Such queries recur and require clarification. Some of the important issues are compiled
here and addressed in the form of Frequently Asked Questions (FAQ). In our present case, urgent
need of repair is to be centered on roadways and pathways. I therefore concentrate my discussion
mainly on broken roadways and pathways.

                                           CHAPTER – II
                               Apartment Owners’ Rights and Obligations


Note of caution
While this guide line tells you about your rights and obligations under the law, it does not give a full
explanation of the law or tell you about the specific obligations that apply to your own property
either interior or exterior part of your apartment.

Why I shall be worried about broken roadways and pathways?
Proper roads are absolutely necessary in every apartment complex. The roads in an apartment
complex are mainly used as thoroughfare and for wandering purposes, and they also add an
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element of beauty and class to the apartment complex. Moreover, to prevent accident and injury,
we are to do the needful for broken roads and rough pathways.

The roads in our apartment complex have undergone a lot of destructive changes, and cracking
appeared -- roughness is prominent at almost all the places. Now, such roads are prone to accident
and injury. In order to ensure that the roads are properly maintained, we need to take up the issue
with the AOA during general body meetings. The AOA (read We) will have to take on different
approaches based on the problem involved.

What are my responsibilities for maintaining the common parts?
Am I responsible for maintaining areas I own? Yes, you are entirely responsible for maintaining,
improving and repairing any parts of the building and property owned by you. Along with your
apartment, you are the owner of the common areas and facilities as per the percentage as
recorded in your Declaration Deed. The percentage of individual interest in the common areas and
facilities appurtenant to (pertaining to) each apartment (1.666% of entire common areas and
facilities) is shown at point no. - D in page – 20 of the Registered Deed of Declaration (Form-A).

While you are solely responsible for the upkeep of your own apartment, parts of the tenement
building or estate or property’s common areas and facilities are also the joint responsibility of all
the owners and the powers that the AOA has, to pursue or force, as the case may be, the owners to
maintain and repair the common areas and facilities of their buildings as well as entire estate of
common ownership.

Well, where do I find details of my rights and responsibilities?
You will find details of your rights and responsibilities in:

1. your Partition Deed;

2. your Deed of Declaration as per the West Bengal Apartment Ownership Act, 1972;

3. your AOA’s Bye-Laws;

4. above all, The West Bengal Apartment Ownership Act, 1972 including its rules and Bye-

   Laws. The said Act is a model for the management and maintenance of the property

   concerned for which you and your fellow owners have a common responsibility and a

   shared interest.

5. for further guidance on your rights and responsibilities, ask your solicitor.

Give more points of reference to understand my responsibilities in the matter of
sharing the common repairing expenses
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Your first point of reference is your title deeds i.e. in this case the Partition Deed (Registered in
Book – 1, CD Volume No. - 43, Page from 2192 to 2437, Being No. - 11553 for the year 2011). Please
go through point – xiv, page – 79 wherein you have agreed that [1] “if any repairing is required in
the common areas and facilities …… the Baghbazar Housing Apartment Owners’ Association shall do
the same and each Party shall be bound to make equal contribution to that effect” and point – xv,
page -80 wherein you also confirmed that “Baghbazar Housing Apartment Owners’ Association shall
take all the liability for the repairing of …… . and all these obligations are conditional on the
apartment-owners, making proportionate contributions of their respective shares ….”.

Your second point of reference is your Deed of Declaration, Form – A of the West Bengal Apartment
Ownership Act, 1972 (Registered in Book – 1, CD Volume No. – 6, page from 350 to 388, Being No.
01544 for the year 2012). Please go through point – ix, page – 22 wherein you have declared,
covenant and undertake “That for the proper and effective administration of the property and for
the due maintenance, repair and replacement of the common areas and facilities, the apartment
owners shall strictly comply with the provisions of the said Act and Bye-Laws made there-under and
shall pay their share of common expenses as assessed by the AOA …..and that the failure to comply
with any such requirement shall be a ground for action for damages ……….”.

Your third point of reference is the relevant Act (WBAOA, 1972) wherein you will find in Section -3
(e) the definition of “common expenses” means expenses of administration, maintenance, repair or
replacement of the common areas and facilities and all other sums assessed against the apartment
owners by the Association of Apartment Owners”. As this Act lays down the provision for formation
of an AOA and entrusts it with the powers and function of administrating the property concerned,
the AOA is entitled to assess the expenses and all the sums for the administration of the property.
The functions of an AOA as specified in clause (2) of the Bye-Laws 4 as well include for
maintenance, repair and replacement of common areas and facilities of the property and payment
thereof. Section -9 of this Act charges the apartment owner with the duty of paying the common
expenses according to the percentage of undivided interest in the common areas and facilities.
Section -5 (5) & 5(6) also confirm the obligations of apartment owners for the sharing of repairing
and replacement costs of common areas and facilities.

Hence, owners become responsible for costs incurred from the point when the scheme- decision is
made for regular maintenance endorsed by majority. Even, for the emergency work, costs are to be
shared equally among all owners.

More points on apartment owners’ obligations on repair and maintenance
So, provisions in the West Bengal Apartment Ownership Act 1972 oblige owners to participate in
the proper management of the building/ property and common repair schemes through their
Apartment Owners’ Association.
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Any scheme-decision for developmental work, if properly taken by a majority of owners at a
suitable general meeting, is binding on all owners within a tenement. This allows the Governing
Body of the AOA to take court action against a non-paying owner/s.

If an owner has not paid his or her share of costs incurred through a scheme-decision, he or she (as
labelled as “Defaulter”) is obliged to pay even if he or she has decided to sell his/her apartment
(Section – 16 of WBAOA, 1972). Once an apartment is marked as “Defaulter” for non-clearance of
arrears of common expense charges, it will stay up to the date of reconciliation. In the matter of
accounts keeping of any ASA, especially for “Defaulter’s payable amount”, proper maintenance of
accounts as per statute is so important.

In case where severe damages has taken place and no action, from the side of AOA, has been
undertaken to repair, the owner or owners of that part of the tenement/property, after giving
proper notices, may take action to carry out the required repairs, without further waiting to get the
agreement of the other owners, and then recover the costs from the AOA through negotiation or
legal intervention. The guiding principle is not to allow any damage on the common property
especially when this may also endanger the exclusive property of any owner or a group of owners.

                                           CHAPTER – III
                                       AOA’s Powers & Duties

Voting on scheme-decisions and giving proper notice to all owners
Repairing scheme-decisions must be taken in a general meeting by the majority of owners, if
necessary by open votes with proper record. It is the right of all owners to know, for the next
course of action/s, “who are the opponents of any developmental work?” All owners, entitled to
vote on a scheme-decision, must be given at least 7 days notice in writing of a meeting. The written
notices must be pasted on notice board or posted to the owner. If an owner is not contactable,
then the notice can be pasted on the door of the Apartment concerned.

Notification of decisions
After a scheme-decision is taken at a meeting, further written notice, detailing the financial and
other obligations of the members, should be communicated to all. All must be told about it. The
Governing Body should use the meeting to discuss the reasons behind to undertake such repairing
work, the total expenses to be incurred thereupon and the extent of benefits for all. Members
should find answers to all the questions that come up. The methods that can be used to notify
absent owners of a decision are the same as noted in Bye-Laws of AOA.

Operating the maintenance account to pay for scheme-repairs
When a maintenance account is required, the fellow owners must be told about it in writing. All
must also be given a note that summarizes the work to be carried out and details of:

   •   the estimated cost and why it is considered necessary;
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   •   how the shares of the cost have been worked out;

   •   the timetable for the work, including the start and tentative completion dates;

   •   the last date for owners to pay their shares into the maintenance account.

Are scheme-decisions on repairing of common areas and facilities binding on all
owners?
Scheme-decisions are binding on you and all your fellow owners (even if they did not agree), if it is
passed by majority of attending members of specific general meeting. Even for emergency work,
AOA has powers to deal with emergencies. You know that emergency work is the work that would
prevent damage to any part of the common property or work required in the interests of health,
safety and for regular peaceful living that cannot wait for a scheme decision to be taken.

Appealing against a decision
Someone may be unhappy about the decision of sharing the costs of the proposed repairing work
or the decision taken on sharing of cost of repairing even when someone is yet to start living in
his/her apartment. However, the Governing Body will not relieve anyone from the decision made by
the majority of owners on repairing and replacement work. Aggrieved member/s can only appeal for
instalments for sharing the costs of repairing or replacement work.

                                           CHAPTER – IV
                       Understanding Various Conditions & Remedial Measures


Owners unwilling to pay, what to do?
To obtain payment from an uncooperative owner, the Governing Body of the AOA will need to do
the following:

    Further pursue and negotiate for obtaining his/her co-operation in the forthcoming or
     ensuing repairing scheme. Don’t withhold the scheduled programme of repairing,
     replacement and renovation work if endorsed by the majority of members.

    If failed, ask a solicitor or adviser to write to that owner on behalf of AOA, pointing out his
     or her obligations under the title deeds/Partition Deed and Deed of Declaration and related
     Act/s. This can often be enough to resolve the problem.

    If no result is gained, continue commissioning the repair and be prepared to hand over the
     respective bill for paying the same by that defaulter owner-member.

    Send to the uncooperative owner the said bill for his or her share with a stated time (say 7–
     14 days) in which to pay.
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    If no payment is received, obtain a decree by raising an action in the court for payment.

AOA’s solicitor will also be able to advise how to enforce the decree and get the fund of the AOA
back. But going to court to enforce obligations of apartment owner/s should be the last resort as it
can be slow and expensive. AOA should get a solicitor to advise the forum on the strength of their
action. Another option is alternative resolution of the dispute through mediation on which the AOA
can think over for avoiding legal proceedings.

In case of refusal to pay, what is to be done?
If any owner refuses to pay his or her share of a scheme-cost, the obligation to pay can be enforced
in the court by the concerned AOA. Sub-section (1) of Section – 16A of the WBAOA, 1972 imposes
penalty upon the defaulter-owner/s, as he or she is a subject or a party with the covenants,
conditions and restrictions set forth in the Declaration. So, defaulters are liable to be convicted. For
recovery of fines, procedure under Section 36 of the General Clauses Act, 1989 and Sections 63 to 70
of the Indian Penal Code will be attracted.

Section – 6 of the WBAOA, 1972 enjoins a duty upon an apartment owner to comply strictly not only
with the Bye-Laws but also with the Declaration. It also indicates the consequences of the failure to
abide by the same. Non-compliance with any of the duties referred to therein has been made a
ground for taking action to recover damages or for other relief or reliefs.

Even, in a proper case, the aggrieved apartment owner/s is vested with the right to remedy the loss
occasioned by breach of compliance of covenants, conditions or restrictions. The recovery of
damages or relief in the nature of any civil action has to be obtained from Civil Court.

Can you imagine living in this word without law? Laws are guidelines which are done by our
Constitution to direct the citizens to do what is right -- the goal is to eliminate wrongdoings. It is
normally expected when people become aware of the existing laws; they begin to be conscious
with their actions. Since the laws will impose essential punishment for those who commit mistakes,
people will have fear to break the laws. Sometimes, situation compelled us to explore the legal
proceeding which is independent from our personal likings.

Help from the AOA where one or two owners can’t pay – ‘missing shares’
The missing share provision works like this:

    The Governing Body of the AOA shall have to show the general body that they have gone
     through all the proper procedures for commissioning repairs and collection of fund from
     members;

    The AOA should have a framework for deciding (a) who is unable to pay within the time
     frame and (b) when it is unreasonable to expect an owner to pay instantly and made
     financial plan accordingly;
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    Before paying in a missing share, even for time being for non-payers, the AOA must satisfy
     itself that the maintenance programme and its costs are reasonable, and that the owner is
     being asked to pay the rightful share according to the Partition Deed, Declaration Deed and
     the relevant Act of 1972 and also according to Bye-Laws of the AOA.

AOA can only pay in the missing share where:-

      the owner is unable to pay in the fund of repairing works, at that juncture of time, as per
       his/her written appeal but agreed to pay afterward or by more instalments ; or

      the owner cannot be found by reasonable inquiry. The respective owner is not residing
       within the complex and he/she is unresponsive to correspondences.

All should note that the missing shares provision does not cover the case of someone who simply and
unreasonably refuses to pay. AOA shall need to use administrative, organisational and suitable legal
action for the proper persuasion of those owners.

Normally, there is no obligation for the AOA to pay a missing share. However, if it does, the AOA can
recover its costs. These can include the share itself, any administrative expenses in relation to making
that payment, and interest at a reasonable rate from when it first serves the request for payment.

What is to be done if the AOA fails to undertake any repairing programme?
First of all, it is to be noted that the Bye-Laws 4. (1) specifies that the final authority of the AOA shall
vest in the general meeting of the members which shall administer the property concerned in
accordance with the provisions of the Act and its Bye-Laws and exercise general supervision over the
affairs and business of the AOA and in particular, over the activities of the Governing Body.

Therefore, the sole intention of the majority of the members is the vital matter and deciding factor
for any developmental programme. If general members want to undertake the need-based repairing
of the interior and exterior part of the buildings and housing complex or want to undertake proper
maintenance programme, Governing Body is bound to undertake that programme. Inactiveness of
any Governing Body may survive or continue on the proportion of inactiveness of the general
members of the AOA. What the members in majority demand is the main factor for proceeding
towards any developmental programme.

It is the powers and duties of the Governing Body [as per Bye-Laws 10. (2) (xii)] to institute, defend or
compound any legal proceedings, if necessary, for the AOA or the property and for any offence of
contravention or breach of any provision of the Act or the Bye-Laws. Moreover, the Governing Body,
on behalf of the AOA, can enter into all such arrangements as may be necessary for the proper and
effective maintenance, repair and replacement of the common areas and facilities and make payment
there for.

If the Governing Body of the AOA fails to utilise its power for the work which needs to be undertaken,
or fails to protect the property from any damage, members can arrange [ as per Bye-Laws 4. (5)] by
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requisition of the special general meeting, as often as may be necessary, to consider all or any of the
subjects of general importance in the interest to save the property for further
deteriorations/damages or take proper stand to replace the Governing Body to that effect.

If the Governing Body fails to propose, pursue and undertake suitable repair and replacement
programme to protect the property from further damages, aggrieved apartment owner/s, who is/are
actually suffering loss, out of those damages of their property, may seek redress either in special
general meeting or lodge complain to the Competent Authority under the WBAOA, 1972 or Civil
Court. Moreover, if the Governing Body fails to perform its functions as provided under the WBAOA,
1972, the Competent Authority may give suitable directives for its rectification or for its proper
function even by appointing “Administrator” to that effect.

An AOA will work best if all the owners agree on and take initiative

   •   how and when the repairing of building/s and other common areas and facilities will be
       managed;

   •   how those tasks will be organized by arranging a time schedule in advance;

   •   and how agreed works will be paid for maintaining a plan of scheduled time frame.

Preparation before issuing of maintenance work order/notice
A work notice is a compulsory repair order which the AOA can serve to ensure that works are carried
out. The work notice will set out (i) the reason for serving the notice; (ii) the quantity and total value
of work required to be completed at this stage; (iii) when the work must be completed.

A maintenance work order might require a plan to ensure that the gutters are cleaned etc., while the
work is going on. So, the order requires AOA to develop a interim maintenance plan, especially for
parking of owners’ cars, thoroughfare of residents, procurement of tap water etc to keep the property
maintained on a reasonable standard for the entire working period that can be as long as for couple of
months.

How will the AOA get its money back from the defaulter-owners?
If the AOA enforces a work notice, it can recover the costs from the defaulter-owner, if any, including
interest and administrative costs. The AOA will notify the defaulters of the costs, and will serve a notice
on them if the sum is to be paid by instalments. Interest can only start from the date the notice is
served.

Section – 15 (Charge for property of common expenses) of the WBAOA, 1972 provides for the creation
of a charge on the apartment for all dues assessed by the AOA on account of share of the common
expenses. This Section is also intended to provide facility to the AOA for realisation of all sums assessed
of the share of common expenses.
11


Section 3. (e) defines common expenses as expenses for administration, maintenance, repair or
replacement of common areas and facilities and all other sums assessed against apartment owner/s by
the AOA. Section – 100 of the Transfer of Property Act is also applicable to this effect. This power of
realisation of arrears by the AOA is enforceable also against the apartment concerned even in case of
change of ownership.

Section -16 (Liability for unpaid common expenses) of the WBAOA, 1972 has fastened liability for
payment of unpaid common expenses both with the vendor as well as purchaser of the apartment,
after the sale of apartment, and such liability shall be joint and several. Thus this Section safe guards the
interest of all apartment owners so that one apartment owner can not evade his/her liability by selling
the property to other/s.

Section- 16 A (Penalty) of the WBAOA, 1972 imposes penalty upon the owner of any apartment for
contravention of....... (c) any covenant, condition, restriction set forth in the declaration to which he/she
is subject or a party. This proceeding is required to be initiated before a Magistrate for breach of the
aforesaid provision.

As per Bye-Laws – 20 to 24 (Chapter –V: Assessment of common expenses by AOA and realisation
thereof) of the WBAOA 1972, every apartment owner of the property shall be assessed with such sum,
being his/her share of the common expenses as may be determined by the AOA concerned to defray
the common expenses and steps to be taken for realisation of arrears.

How we define fire safety issue in a housing complex?
Matter of creating proper fire safety is of prime importance, and this is mandatory. It falls within the
category of compulsory maintenance of any housing complex.

Arranging minimum fire-fighting equipments is the prime duty of any AOA. We need to plan and deploy
fund in this ground without further delay. Proper training to all residents is needed for operation of
those equipments as well as for emergency exit/escape.

With our personal safety and the safety of our family in mind, ensure that you bring up the concept of
fire safety during resident meetings so that the buildings have proper fire safety measures in place.

                                               CHAPTER – V
                             Gist of All Understandings & Words of Gratitude


Final commentary
To uphold our housing complex in a reside-able stage is my ultimate motto. Maintenance and up-
keeping of any housing complex in a presentable and habitable stage and style should be the vital
agenda for the co-owners of any housing society. It is said that “a stitch in time saves nine”. I strongly
believe that the agenda of proper caretaking of the common areas and common facilities of any
12


housing complex should be unavoidable for all as this is one of the inbuilt mutual obligations of dwelling
in an apartment complex.

Perhaps, we have noted from this article that making of a comprehensive maintenance policy and
performing successfully on such programme are almost the Himalayan Task which demands a well
balanced Governing Body of AOA supported by our honest co-operation. A group of attentive, prudent,
honey-tongued (read, ‘when firmness is sufficient, rashness is unnecessary’ – Napoleon Bonaparte) and
honest persons (read, honesty to the purpose) is needed for that purpose. In spite of those essential
requirements, we used to engage ourselves less at the time of formation of the Governing Body but, at
the same time, we expect that much will be done for proper management of this property.

In the matter of providing effective reinforcement for fruitful performances, we also failed to provide
proper back-up and assistance to the Governing Body. Till date, we are not in a position to deploy any
Office Assistance (even Part time) for office- work including circulation of letters/notice, banking work
and other small jobs of maintenance of office etc. In addition to that we are not in a position to furnish
Association’s office room with necessary furniture, office equipments, stationeries etc., for day to day
official work but we expect plenty of performances from that office room.

All these shortcomings are persisting only for want of our unanimity to take just policy-decisions and
our inability to provide more funds for proper caretaking of the property. At present, the monthly
maintenance charges is Rs. 0.45 paisa (approx) per square feet (only for the covered areas) inclusive of
the operating expenses of five lifts at five blocks and inclusive of maintenance and sweeping of the
entire open areas (51.806% of the area of net land). This amount of charge is very meagre for the
purpose of day to day maintenance of our housing complex as compared with the standard costs of
maintenance of any housing complex like us.

So, there are inherent weaknesses that are prevailing at our housing complex which need to be
addressed suitably for its just management and survival.

This is my humble attempt for building consensus for a comprehensive maintenance policy with the
provision of long term financial back up for our sweet-shelter. I have taken much help from the related
articles for which I owe my obligations to the writers of those articles. At the same time, I convey my
thanks to those ‘forerunner fellow owners’ of this property who repeatedly requested me for doing
something to save this property from further damages.

My sincere effort for building consensus on undertaking the needful maintenance and developmental
policy, as ventilated through this article, will be sufficiently rewarded if the agenda of proper repairing
and maintenance of this unique and well-designed property is seriously adopted for early
implementation by my fellow owners without further delay. Thanks.

Humbly yours

Subrata Banerjee,   banerjee_subu52@rediffmail.com

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Upload copy of compulsory repairs and maintenance

  • 1. 1 Obligatory Repairs & Maintenance of Common Areas and Facilities (This article is written both for my fellow-apartment –owners and for my Apartment Owners’ Association) [Apartment Owners’ Association = AOA] CHAPTER – I Building Of A Common Maintenance Policy Working together to maintain common areas and facilities of our property In an apartment community, there are one or more multi-storied buildings that house multiple living units. Apart from the individual units themselves, the apartment has common areas and several facilities. The whole property is situated in a defined parcel of land. For typical apartments, the ownership concept is that an owner has exclusive right over his or her apartment while holding a proportionate undivided and un-demarcated interest in the land, common areas and common facilities. A few number of the disputes that often arise between occupants of apartments in different complexes of our status pertain to the misuse of the common areas and non-obeying the obligations for those areas and facilities. The genesis of the solution to this problem lies in understanding the nature of a common area and the owners’ obligations to be performed for that purpose. Every apartment owner must enjoy the common areas, in common with the other apartment owners and all expenditures on account of maintenance too shall be divided among them. Repair, replacement, and maintenance are the administrative responsibilities of the elected AOA. Therefore, it's important to keep common areas and facilities in good repair-- this helps prevent the need for large expensive repairs. Now I want to concentrate my opinion only in the matter of repair, replacement and maintenance of our property and how we can work together to maintain those areas and facilities. It is needless to say that providing common expenses for living in an apartment, situated in a single building is gradually becoming a costly affair but the common expenses for the livelihood in a housing complex become comparatively more costly for its dedicated upkeep of larger areas and several facilities. In spite of that, I cannot, in any way, subject my co-owner or co-owners to suffer in general for the purpose of repair, replacement and maintenance of our common areas and facilities and also for the necessity of providing fund for undertaking such maintenance or developmental programmes. I understand that, this is my inherent obligation for living in a housing complex which I have to obey and must comply with.
  • 2. 2 Need of constructing an effective maintenance plan Preparation of an ad-hoc maintenance work-plan for our property is generally not difficult to do. But creation of a long term comprehensive maintenance policy and programme that is effective within our means is associated with some challenges. At this time, after the elapse of more than five years of our dwelling at this classy and unique housing complex, we are now to look after the property in suitable manner otherwise the anticipated life of our buildings and other materials and services of this housing complex will be reduced or will become non-workable. Hence, AOA (read We) should look into the matter with professional approach and prepare a budget provision for repair, replacement, renovation and maintenance, etc. Establishing a good building maintenance schedule for our common property Collectively we are to develop a table to show how and what we should be doing to maintain our common property and how often. We may need a detailed survey to establish the actual condition and to tell our members where we are in the life cycle of the various elements of our buildings and services. Repairs and maintenance works comprise (a) all repairs including whitewash and painting, renewals and replacements necessitated for technical and engineering reasons and (b) works required to make good the damage to buildings, installation and services caused by extraordinary reasons. So, it is useful to understand how they should be dealt with. The roof is a good example. If we approach certain contractors, they may suggest that the entire roof needs to be replaced. In absence of any policy frame-work, it is very difficult to decide on the scope of work (patch or thoroughly repair or replacement) actually needed at any point of time. Professional advice from a civil engineer or architect could save our good-relation with other co-owners, costly money and unnecessary work-load. Though it is much better to carry out a full programme of work on a good standard rather than patch and repair but often it is very difficult for the AOA to take unanimous decision on priority and nature of work, its quantity and requirement of fund etc as general members generally fail to stand at one on such issues. In spite of that developmental work have taken places at various housing complexes and in future also it will be there. So, we may conclude that the situation is not hopeless at all in our case also. Classification of repairs and maintenance works Based on the time-frame, following is the list of various types of repairs and maintenance works:- Petty repairs, minor repairs, periodical maintenance, routine repairs and maintenance, seasonal repairs and maintenance, monsoon damage repairs, urgent/emergency repairs, statutory repairs, replacements and maintenances.
  • 3. 3 Every year gutter cleaning, clearing of bushy trees from exterior part of the buildings, cleaning of water tanks, roof inspection and minor reactive repairs including emergency maintenance of pumps and electrical fittings, Every 3–5 years External paint work on roof-doors, roof-windows, collapsible gates, main iron gates, iron grills, boundary-wall repairing and painting, patch civil work etc. Every 5–10 years Patch civil work, painting of interior stairs, painting of buildings, replacement of pumps etc. Every 10–15 years Replacement or Major maintenance of lifts, etc. As you know that it is critical to maintain as well as to enhance the asset value of any property without proper maintenances. Even undertaking of minor repair work regularly is an essential programme to maintain property on a tolerable standard. The policy makers connected with apartment maintenance must make sure that a building or apartment complex remains in good condition by performing the necessary repairs and upkeep. However, apartment owners often face doubts about Apartment Owners’ Association, their functions and powers. Sometimes, confused-owners and residents deter them on issues of maintenance, payment of common expenses, sharing of repairing charges and restriction on certain acts etc. Such queries recur and require clarification. Some of the important issues are compiled here and addressed in the form of Frequently Asked Questions (FAQ). In our present case, urgent need of repair is to be centered on roadways and pathways. I therefore concentrate my discussion mainly on broken roadways and pathways. CHAPTER – II Apartment Owners’ Rights and Obligations Note of caution While this guide line tells you about your rights and obligations under the law, it does not give a full explanation of the law or tell you about the specific obligations that apply to your own property either interior or exterior part of your apartment. Why I shall be worried about broken roadways and pathways? Proper roads are absolutely necessary in every apartment complex. The roads in an apartment complex are mainly used as thoroughfare and for wandering purposes, and they also add an
  • 4. 4 element of beauty and class to the apartment complex. Moreover, to prevent accident and injury, we are to do the needful for broken roads and rough pathways. The roads in our apartment complex have undergone a lot of destructive changes, and cracking appeared -- roughness is prominent at almost all the places. Now, such roads are prone to accident and injury. In order to ensure that the roads are properly maintained, we need to take up the issue with the AOA during general body meetings. The AOA (read We) will have to take on different approaches based on the problem involved. What are my responsibilities for maintaining the common parts? Am I responsible for maintaining areas I own? Yes, you are entirely responsible for maintaining, improving and repairing any parts of the building and property owned by you. Along with your apartment, you are the owner of the common areas and facilities as per the percentage as recorded in your Declaration Deed. The percentage of individual interest in the common areas and facilities appurtenant to (pertaining to) each apartment (1.666% of entire common areas and facilities) is shown at point no. - D in page – 20 of the Registered Deed of Declaration (Form-A). While you are solely responsible for the upkeep of your own apartment, parts of the tenement building or estate or property’s common areas and facilities are also the joint responsibility of all the owners and the powers that the AOA has, to pursue or force, as the case may be, the owners to maintain and repair the common areas and facilities of their buildings as well as entire estate of common ownership. Well, where do I find details of my rights and responsibilities? You will find details of your rights and responsibilities in: 1. your Partition Deed; 2. your Deed of Declaration as per the West Bengal Apartment Ownership Act, 1972; 3. your AOA’s Bye-Laws; 4. above all, The West Bengal Apartment Ownership Act, 1972 including its rules and Bye- Laws. The said Act is a model for the management and maintenance of the property concerned for which you and your fellow owners have a common responsibility and a shared interest. 5. for further guidance on your rights and responsibilities, ask your solicitor. Give more points of reference to understand my responsibilities in the matter of sharing the common repairing expenses
  • 5. 5 Your first point of reference is your title deeds i.e. in this case the Partition Deed (Registered in Book – 1, CD Volume No. - 43, Page from 2192 to 2437, Being No. - 11553 for the year 2011). Please go through point – xiv, page – 79 wherein you have agreed that [1] “if any repairing is required in the common areas and facilities …… the Baghbazar Housing Apartment Owners’ Association shall do the same and each Party shall be bound to make equal contribution to that effect” and point – xv, page -80 wherein you also confirmed that “Baghbazar Housing Apartment Owners’ Association shall take all the liability for the repairing of …… . and all these obligations are conditional on the apartment-owners, making proportionate contributions of their respective shares ….”. Your second point of reference is your Deed of Declaration, Form – A of the West Bengal Apartment Ownership Act, 1972 (Registered in Book – 1, CD Volume No. – 6, page from 350 to 388, Being No. 01544 for the year 2012). Please go through point – ix, page – 22 wherein you have declared, covenant and undertake “That for the proper and effective administration of the property and for the due maintenance, repair and replacement of the common areas and facilities, the apartment owners shall strictly comply with the provisions of the said Act and Bye-Laws made there-under and shall pay their share of common expenses as assessed by the AOA …..and that the failure to comply with any such requirement shall be a ground for action for damages ……….”. Your third point of reference is the relevant Act (WBAOA, 1972) wherein you will find in Section -3 (e) the definition of “common expenses” means expenses of administration, maintenance, repair or replacement of the common areas and facilities and all other sums assessed against the apartment owners by the Association of Apartment Owners”. As this Act lays down the provision for formation of an AOA and entrusts it with the powers and function of administrating the property concerned, the AOA is entitled to assess the expenses and all the sums for the administration of the property. The functions of an AOA as specified in clause (2) of the Bye-Laws 4 as well include for maintenance, repair and replacement of common areas and facilities of the property and payment thereof. Section -9 of this Act charges the apartment owner with the duty of paying the common expenses according to the percentage of undivided interest in the common areas and facilities. Section -5 (5) & 5(6) also confirm the obligations of apartment owners for the sharing of repairing and replacement costs of common areas and facilities. Hence, owners become responsible for costs incurred from the point when the scheme- decision is made for regular maintenance endorsed by majority. Even, for the emergency work, costs are to be shared equally among all owners. More points on apartment owners’ obligations on repair and maintenance So, provisions in the West Bengal Apartment Ownership Act 1972 oblige owners to participate in the proper management of the building/ property and common repair schemes through their Apartment Owners’ Association.
  • 6. 6 Any scheme-decision for developmental work, if properly taken by a majority of owners at a suitable general meeting, is binding on all owners within a tenement. This allows the Governing Body of the AOA to take court action against a non-paying owner/s. If an owner has not paid his or her share of costs incurred through a scheme-decision, he or she (as labelled as “Defaulter”) is obliged to pay even if he or she has decided to sell his/her apartment (Section – 16 of WBAOA, 1972). Once an apartment is marked as “Defaulter” for non-clearance of arrears of common expense charges, it will stay up to the date of reconciliation. In the matter of accounts keeping of any ASA, especially for “Defaulter’s payable amount”, proper maintenance of accounts as per statute is so important. In case where severe damages has taken place and no action, from the side of AOA, has been undertaken to repair, the owner or owners of that part of the tenement/property, after giving proper notices, may take action to carry out the required repairs, without further waiting to get the agreement of the other owners, and then recover the costs from the AOA through negotiation or legal intervention. The guiding principle is not to allow any damage on the common property especially when this may also endanger the exclusive property of any owner or a group of owners. CHAPTER – III AOA’s Powers & Duties Voting on scheme-decisions and giving proper notice to all owners Repairing scheme-decisions must be taken in a general meeting by the majority of owners, if necessary by open votes with proper record. It is the right of all owners to know, for the next course of action/s, “who are the opponents of any developmental work?” All owners, entitled to vote on a scheme-decision, must be given at least 7 days notice in writing of a meeting. The written notices must be pasted on notice board or posted to the owner. If an owner is not contactable, then the notice can be pasted on the door of the Apartment concerned. Notification of decisions After a scheme-decision is taken at a meeting, further written notice, detailing the financial and other obligations of the members, should be communicated to all. All must be told about it. The Governing Body should use the meeting to discuss the reasons behind to undertake such repairing work, the total expenses to be incurred thereupon and the extent of benefits for all. Members should find answers to all the questions that come up. The methods that can be used to notify absent owners of a decision are the same as noted in Bye-Laws of AOA. Operating the maintenance account to pay for scheme-repairs When a maintenance account is required, the fellow owners must be told about it in writing. All must also be given a note that summarizes the work to be carried out and details of: • the estimated cost and why it is considered necessary;
  • 7. 7 • how the shares of the cost have been worked out; • the timetable for the work, including the start and tentative completion dates; • the last date for owners to pay their shares into the maintenance account. Are scheme-decisions on repairing of common areas and facilities binding on all owners? Scheme-decisions are binding on you and all your fellow owners (even if they did not agree), if it is passed by majority of attending members of specific general meeting. Even for emergency work, AOA has powers to deal with emergencies. You know that emergency work is the work that would prevent damage to any part of the common property or work required in the interests of health, safety and for regular peaceful living that cannot wait for a scheme decision to be taken. Appealing against a decision Someone may be unhappy about the decision of sharing the costs of the proposed repairing work or the decision taken on sharing of cost of repairing even when someone is yet to start living in his/her apartment. However, the Governing Body will not relieve anyone from the decision made by the majority of owners on repairing and replacement work. Aggrieved member/s can only appeal for instalments for sharing the costs of repairing or replacement work. CHAPTER – IV Understanding Various Conditions & Remedial Measures Owners unwilling to pay, what to do? To obtain payment from an uncooperative owner, the Governing Body of the AOA will need to do the following:  Further pursue and negotiate for obtaining his/her co-operation in the forthcoming or ensuing repairing scheme. Don’t withhold the scheduled programme of repairing, replacement and renovation work if endorsed by the majority of members.  If failed, ask a solicitor or adviser to write to that owner on behalf of AOA, pointing out his or her obligations under the title deeds/Partition Deed and Deed of Declaration and related Act/s. This can often be enough to resolve the problem.  If no result is gained, continue commissioning the repair and be prepared to hand over the respective bill for paying the same by that defaulter owner-member.  Send to the uncooperative owner the said bill for his or her share with a stated time (say 7– 14 days) in which to pay.
  • 8. 8  If no payment is received, obtain a decree by raising an action in the court for payment. AOA’s solicitor will also be able to advise how to enforce the decree and get the fund of the AOA back. But going to court to enforce obligations of apartment owner/s should be the last resort as it can be slow and expensive. AOA should get a solicitor to advise the forum on the strength of their action. Another option is alternative resolution of the dispute through mediation on which the AOA can think over for avoiding legal proceedings. In case of refusal to pay, what is to be done? If any owner refuses to pay his or her share of a scheme-cost, the obligation to pay can be enforced in the court by the concerned AOA. Sub-section (1) of Section – 16A of the WBAOA, 1972 imposes penalty upon the defaulter-owner/s, as he or she is a subject or a party with the covenants, conditions and restrictions set forth in the Declaration. So, defaulters are liable to be convicted. For recovery of fines, procedure under Section 36 of the General Clauses Act, 1989 and Sections 63 to 70 of the Indian Penal Code will be attracted. Section – 6 of the WBAOA, 1972 enjoins a duty upon an apartment owner to comply strictly not only with the Bye-Laws but also with the Declaration. It also indicates the consequences of the failure to abide by the same. Non-compliance with any of the duties referred to therein has been made a ground for taking action to recover damages or for other relief or reliefs. Even, in a proper case, the aggrieved apartment owner/s is vested with the right to remedy the loss occasioned by breach of compliance of covenants, conditions or restrictions. The recovery of damages or relief in the nature of any civil action has to be obtained from Civil Court. Can you imagine living in this word without law? Laws are guidelines which are done by our Constitution to direct the citizens to do what is right -- the goal is to eliminate wrongdoings. It is normally expected when people become aware of the existing laws; they begin to be conscious with their actions. Since the laws will impose essential punishment for those who commit mistakes, people will have fear to break the laws. Sometimes, situation compelled us to explore the legal proceeding which is independent from our personal likings. Help from the AOA where one or two owners can’t pay – ‘missing shares’ The missing share provision works like this:  The Governing Body of the AOA shall have to show the general body that they have gone through all the proper procedures for commissioning repairs and collection of fund from members;  The AOA should have a framework for deciding (a) who is unable to pay within the time frame and (b) when it is unreasonable to expect an owner to pay instantly and made financial plan accordingly;
  • 9. 9  Before paying in a missing share, even for time being for non-payers, the AOA must satisfy itself that the maintenance programme and its costs are reasonable, and that the owner is being asked to pay the rightful share according to the Partition Deed, Declaration Deed and the relevant Act of 1972 and also according to Bye-Laws of the AOA. AOA can only pay in the missing share where:-  the owner is unable to pay in the fund of repairing works, at that juncture of time, as per his/her written appeal but agreed to pay afterward or by more instalments ; or  the owner cannot be found by reasonable inquiry. The respective owner is not residing within the complex and he/she is unresponsive to correspondences. All should note that the missing shares provision does not cover the case of someone who simply and unreasonably refuses to pay. AOA shall need to use administrative, organisational and suitable legal action for the proper persuasion of those owners. Normally, there is no obligation for the AOA to pay a missing share. However, if it does, the AOA can recover its costs. These can include the share itself, any administrative expenses in relation to making that payment, and interest at a reasonable rate from when it first serves the request for payment. What is to be done if the AOA fails to undertake any repairing programme? First of all, it is to be noted that the Bye-Laws 4. (1) specifies that the final authority of the AOA shall vest in the general meeting of the members which shall administer the property concerned in accordance with the provisions of the Act and its Bye-Laws and exercise general supervision over the affairs and business of the AOA and in particular, over the activities of the Governing Body. Therefore, the sole intention of the majority of the members is the vital matter and deciding factor for any developmental programme. If general members want to undertake the need-based repairing of the interior and exterior part of the buildings and housing complex or want to undertake proper maintenance programme, Governing Body is bound to undertake that programme. Inactiveness of any Governing Body may survive or continue on the proportion of inactiveness of the general members of the AOA. What the members in majority demand is the main factor for proceeding towards any developmental programme. It is the powers and duties of the Governing Body [as per Bye-Laws 10. (2) (xii)] to institute, defend or compound any legal proceedings, if necessary, for the AOA or the property and for any offence of contravention or breach of any provision of the Act or the Bye-Laws. Moreover, the Governing Body, on behalf of the AOA, can enter into all such arrangements as may be necessary for the proper and effective maintenance, repair and replacement of the common areas and facilities and make payment there for. If the Governing Body of the AOA fails to utilise its power for the work which needs to be undertaken, or fails to protect the property from any damage, members can arrange [ as per Bye-Laws 4. (5)] by
  • 10. 10 requisition of the special general meeting, as often as may be necessary, to consider all or any of the subjects of general importance in the interest to save the property for further deteriorations/damages or take proper stand to replace the Governing Body to that effect. If the Governing Body fails to propose, pursue and undertake suitable repair and replacement programme to protect the property from further damages, aggrieved apartment owner/s, who is/are actually suffering loss, out of those damages of their property, may seek redress either in special general meeting or lodge complain to the Competent Authority under the WBAOA, 1972 or Civil Court. Moreover, if the Governing Body fails to perform its functions as provided under the WBAOA, 1972, the Competent Authority may give suitable directives for its rectification or for its proper function even by appointing “Administrator” to that effect. An AOA will work best if all the owners agree on and take initiative • how and when the repairing of building/s and other common areas and facilities will be managed; • how those tasks will be organized by arranging a time schedule in advance; • and how agreed works will be paid for maintaining a plan of scheduled time frame. Preparation before issuing of maintenance work order/notice A work notice is a compulsory repair order which the AOA can serve to ensure that works are carried out. The work notice will set out (i) the reason for serving the notice; (ii) the quantity and total value of work required to be completed at this stage; (iii) when the work must be completed. A maintenance work order might require a plan to ensure that the gutters are cleaned etc., while the work is going on. So, the order requires AOA to develop a interim maintenance plan, especially for parking of owners’ cars, thoroughfare of residents, procurement of tap water etc to keep the property maintained on a reasonable standard for the entire working period that can be as long as for couple of months. How will the AOA get its money back from the defaulter-owners? If the AOA enforces a work notice, it can recover the costs from the defaulter-owner, if any, including interest and administrative costs. The AOA will notify the defaulters of the costs, and will serve a notice on them if the sum is to be paid by instalments. Interest can only start from the date the notice is served. Section – 15 (Charge for property of common expenses) of the WBAOA, 1972 provides for the creation of a charge on the apartment for all dues assessed by the AOA on account of share of the common expenses. This Section is also intended to provide facility to the AOA for realisation of all sums assessed of the share of common expenses.
  • 11. 11 Section 3. (e) defines common expenses as expenses for administration, maintenance, repair or replacement of common areas and facilities and all other sums assessed against apartment owner/s by the AOA. Section – 100 of the Transfer of Property Act is also applicable to this effect. This power of realisation of arrears by the AOA is enforceable also against the apartment concerned even in case of change of ownership. Section -16 (Liability for unpaid common expenses) of the WBAOA, 1972 has fastened liability for payment of unpaid common expenses both with the vendor as well as purchaser of the apartment, after the sale of apartment, and such liability shall be joint and several. Thus this Section safe guards the interest of all apartment owners so that one apartment owner can not evade his/her liability by selling the property to other/s. Section- 16 A (Penalty) of the WBAOA, 1972 imposes penalty upon the owner of any apartment for contravention of....... (c) any covenant, condition, restriction set forth in the declaration to which he/she is subject or a party. This proceeding is required to be initiated before a Magistrate for breach of the aforesaid provision. As per Bye-Laws – 20 to 24 (Chapter –V: Assessment of common expenses by AOA and realisation thereof) of the WBAOA 1972, every apartment owner of the property shall be assessed with such sum, being his/her share of the common expenses as may be determined by the AOA concerned to defray the common expenses and steps to be taken for realisation of arrears. How we define fire safety issue in a housing complex? Matter of creating proper fire safety is of prime importance, and this is mandatory. It falls within the category of compulsory maintenance of any housing complex. Arranging minimum fire-fighting equipments is the prime duty of any AOA. We need to plan and deploy fund in this ground without further delay. Proper training to all residents is needed for operation of those equipments as well as for emergency exit/escape. With our personal safety and the safety of our family in mind, ensure that you bring up the concept of fire safety during resident meetings so that the buildings have proper fire safety measures in place. CHAPTER – V Gist of All Understandings & Words of Gratitude Final commentary To uphold our housing complex in a reside-able stage is my ultimate motto. Maintenance and up- keeping of any housing complex in a presentable and habitable stage and style should be the vital agenda for the co-owners of any housing society. It is said that “a stitch in time saves nine”. I strongly believe that the agenda of proper caretaking of the common areas and common facilities of any
  • 12. 12 housing complex should be unavoidable for all as this is one of the inbuilt mutual obligations of dwelling in an apartment complex. Perhaps, we have noted from this article that making of a comprehensive maintenance policy and performing successfully on such programme are almost the Himalayan Task which demands a well balanced Governing Body of AOA supported by our honest co-operation. A group of attentive, prudent, honey-tongued (read, ‘when firmness is sufficient, rashness is unnecessary’ – Napoleon Bonaparte) and honest persons (read, honesty to the purpose) is needed for that purpose. In spite of those essential requirements, we used to engage ourselves less at the time of formation of the Governing Body but, at the same time, we expect that much will be done for proper management of this property. In the matter of providing effective reinforcement for fruitful performances, we also failed to provide proper back-up and assistance to the Governing Body. Till date, we are not in a position to deploy any Office Assistance (even Part time) for office- work including circulation of letters/notice, banking work and other small jobs of maintenance of office etc. In addition to that we are not in a position to furnish Association’s office room with necessary furniture, office equipments, stationeries etc., for day to day official work but we expect plenty of performances from that office room. All these shortcomings are persisting only for want of our unanimity to take just policy-decisions and our inability to provide more funds for proper caretaking of the property. At present, the monthly maintenance charges is Rs. 0.45 paisa (approx) per square feet (only for the covered areas) inclusive of the operating expenses of five lifts at five blocks and inclusive of maintenance and sweeping of the entire open areas (51.806% of the area of net land). This amount of charge is very meagre for the purpose of day to day maintenance of our housing complex as compared with the standard costs of maintenance of any housing complex like us. So, there are inherent weaknesses that are prevailing at our housing complex which need to be addressed suitably for its just management and survival. This is my humble attempt for building consensus for a comprehensive maintenance policy with the provision of long term financial back up for our sweet-shelter. I have taken much help from the related articles for which I owe my obligations to the writers of those articles. At the same time, I convey my thanks to those ‘forerunner fellow owners’ of this property who repeatedly requested me for doing something to save this property from further damages. My sincere effort for building consensus on undertaking the needful maintenance and developmental policy, as ventilated through this article, will be sufficiently rewarded if the agenda of proper repairing and maintenance of this unique and well-designed property is seriously adopted for early implementation by my fellow owners without further delay. Thanks. Humbly yours Subrata Banerjee, banerjee_subu52@rediffmail.com