Protect Your Rights as a Resident Apartment Owner in Pakistan: Navigating Maintenance Fee Disputes

As a resident apartment owner in Pakistan, you have the right to ensure that your maintenance fees are utilized transparently and equitably. If you suspect that your building’s management is misusing these funds, failing to provide clear expense sheets, or showing favoritism in the allocation of facilities, you can take legal action to protect your interests.

Key Laws Governing Maintenance Fees

• The Cooperative Housing Societies Act, 1974: This act governs the formation, management, and regulation of cooperative housing societies. It outlines the responsibilities of the society’s management in relation to maintenance fees, including their collection, utilization, and accountability.
• The Sindh Building Control Authority Act, 1979: While primarily focused on building regulations, this act also includes provisions related to maintenance and upkeep of common areas. It may address the responsibilities of building owners and associations in terms of maintenance fees and their use.
• The Contract Act, 1872: This general contract law applies to agreements between residents and the building management regarding maintenance fees and services. It defines the rights and obligations of both parties.
• The Consumer Protection Act, 1999: This act provides consumers with protection against unfair trade practices and substandard goods or services. It may be relevant if residents feel that the maintenance services provided are inadequate or if the fees charged are excessive.
• Local Government Ordinances: Depending on the location of your apartment building, local government ordinances may also have provisions related to building maintenance and management. These ordinances can vary from city to city.

Steps to Take

1. Review Building Bylaws: Carefully examine the bylaws of your cooperative housing society or building association. These bylaws should outline the procedures for collecting, managing, and accounting for maintenance fees.
2. Request Transparency: Formally request a detailed breakdown of the maintenance fees collected and how they are spent. Demand access to expense sheets and supporting documents.
3. Organize a Residents’ Meeting: Gather other residents to discuss the issues and collectively address them. Appoint a representative to communicate with the building management on behalf of the residents.
4. Engage with Building Management: Schedule a meeting with the management to express your concerns. Present your evidence and seek explanations for any discrepancies.
5. Consult a Legal Professional: If the issues persist or if you believe the management is violating the building’s bylaws or local laws, consult a lawyer specializing in real estate or property law. They can advise you on the appropriate legal steps to take, such as filing a complaint with the relevant authorities or initiating legal proceedings.

Legal Remedies

• Complaint to the Registrar of Cooperative Societies: If your building is a cooperative society, you can file a complaint with the Registrar of Cooperative Societies. They have the authority to investigate and take action against the management if they find evidence of wrongdoing.
• Legal Proceedings: In more serious cases, you may need to initiate legal proceedings against the building management. This could involve filing a lawsuit in a civil court to seek damages or injunctive relief.

By understanding your rights and taking appropriate action, you can help ensure that your maintenance fees are used responsibly and that your building is managed effectively.

Also Read:Tenant Rights in Pakistan: Legal Aid