Frequently Asked Legal Questions and Answers › Category: Property Issues › Struggling with Common Facility Maintenance Issues in Your Residential Flat? Here’s What You Can Do

Karthikprabu S asked 1 year ago

I'm living in a residential flat which has 6 units with all common facilities like electricity, Water sump/ tank, common motor and common area etc. Initially, all flat's owner agreed that it would be maintained by each one by their monthly term with minimum contribution from each of flat's owner. Since, no common association has been created. Nowadays, all are not ready to contribute or do the Facility Maintenance on their terms because it's all oral agreement. Recently, non -payment of electricity and no one switch on water due to every one undergo the water problem. Struggling with Common Facility Maintenance Issues in Your Residential Flat? Here's What You Can Do

Struggling with Common Facility Maintenance Issues in Your Residential Flat? Here's What You Can Do

Facing Maintenance Issues in our Residential Flat. Can we Create an Association or Hire Help to Ensure Common Facilities Are Properly Maintained?

As I'm a flat owner is there any relief to get the maintenance of the common facility properly either to create an association with bye-laws or engage someone to maintain the common facility and share it with all owners when all or some of flat's owner are not willing to engage in that.

Solving Common Facility Maintenance Issues in a Residential Flat

Common Facility Maintenance DilemmaLiving in a residential flat with shared common facilities can be convenient, but it can also lead to challenges in maintenance when there is no formal association or agreement in place. This situation often raises concerns about the equitable sharing of costs and responsibilities among flat owners. In this article, we will explore potential solutions to address common facility maintenance issues when oral agreements no longer suffice.

Key Challenges of Facility Maintenance

Understanding the PredicamentBefore delving into solutions, it's essential to grasp the key challenges faced in such situations:

1. Lack of Formal Agreement

The absence of a formal association or written agreement leaves room for ambiguity and disputes regarding maintenance responsibilities and cost-sharing.

2. Non-Payment and Non-Participation

Some flat owners may not contribute to maintenance expenses or actively participate in keeping common facilities functional, leading to inconveniences for others.

3. Essential Services at Risk

Maintenance issues can jeopardize essential services like electricity and water supply, affecting the quality of life for all residents.

Exploring Solutions for Facility Maintenance Issues

Options to Address the ProblemTo resolve these common Property management issues, consider the following solutions:

1. Establish a Common Association

Creating a formal association with clearly defined bylaws and regulations can ensure transparency and accountability in maintenance. This association can oversee common facility upkeep and cost-sharing.

2. Seek Legal Advice

Consulting with legal experts specializing in property and association laws can provide insights into the best approach to formalize the association and resolve disputes.

3. Hire a Professional Maintenance Service

Engaging a professional maintenance service can alleviate the burden of maintenance from individual flat owners. Costs can be shared among residents, and the service provider can ensure proper upkeep of common facilities.

4. Mediation and Conflict Resolution

In cases where disagreements persist, mediation can be a useful tool. A neutral third party can facilitate discussions and help flat owners reach agreements on maintenance responsibilities and costs.

5. Implement Regular Meetings

Regular meetings among flat owners can foster communication and collaboration. It provides a platform to discuss concerns, allocate responsibilities, and decide on maintenance-related matters.

Taking Action

Moving ForwardAs a concerned flat owner, it's crucial to take action to address these maintenance challenges:

Firstly, Initiate discussions with fellow flat owners to explore the possibility of creating a formal association.
Secondly, Consult legal professionals to understand the legal requirements for forming an association and drafting bylaws.
Thirdly, Consider the option of hiring a professional maintenance service to ensure consistent upkeep of common facilities.
Fourthly, Encourage open communication among residents through regular meetings to resolve issues and build consensus.
Finally, Explore mediation if disputes persist, aiming for amicable solutions.

In conclusion, the maintenance of common facilities in a residential flat can be effectively addressed by establishing a formal association, seeking legal guidance, hiring professional services, promoting communication, and utilizing mediation when necessary. Finally, These proactive steps can help ensure that common facilities are well-maintained and that the burden is equitably shared among all flat owners, enhancing the quality of living for everyone.