Section 106 in The Delhi Co-operative Societies Rules, 2007
106. Management of co-operative housing complex by the co-operative housing societies.
(1)It shall be the responsibility and duty of the committee to carry out the repairs works and maintenance of the property of the co-operative housing society. It shall also be the responsibility of the committee to ensure that the repairs works and maintenance are carried out as per the agreement.(2)The committee shall be competent to incur expenditure on repairs and maintenance of the co-operative housing society upto the one time expenditure limit approved by the general body from time to time or as provided in the bye-laws of a co-operative housing society.(3)If one time expenditure on repairs maintenance or works of the co-operative housing society exceeds the limits prescribed in sub rule (1) above, prior sanction of the general body shall be necessary.(4)The general body shall decide:(a)The limit of the expenditure on repairs, maintenance of works could be incurred by the committee without calling the tenders for the works.(b)In respect of works, the cost which exceeds the limits, so fixed, the committee shall follow the procedure of inviting tenders, placing them before the general body for approval and entering into agreement with the architect (if appointed or required) and the contractor.(5)(a)Various items of the repairs, and maintenance which are to be carried out by the Co-operative housing societies from its funds are mainly as under:(i)Internal roads;(ii)Compound wall;(iii)External water pipe lines;(iv)Water pumps;(v)Water storage tanks;(vi)Drainage lines;(vii)Septic tank (where in use);(viii)Staircases;(ix)Fire fighting system;(x)Structural repairs of roofs of all flats;(xi)Outside walls/exterior of the building(s);(xii)All leakages of water including leakage due to rain water and leakages due to external common pipe line and drainage line;(xiii)Electric lines upto main switches in the flats and lightning of common areas;(xiv)Lifts;(xv)Damaged ceiling and plaster thereon in the top floors, on account of the leakage of the rain water through the terrace;(xvi)Maintenance of parks and mandatory green areas;(xvii)Facilities for household garbage collection in segregated form;(xviii)Telephone exchange and telephone wires upto flats;(xix)Security guard room;(xx)Common Parking and garages;(xxi)Power back up or Genset; and(xxii)Any other common property/space/facility/service as prescribed by the General Body;(b)The committee and its officers shall carry out regular inspection of the items mentioned in clause (a) and shall take immediate action for their repair and maintenance.(c)Any complaint of a member or occupant in respect of items given in clause 4 shall be considered by the committee within a period of fifteen days and shall take suitable action as deem fit by it.(d)The committee shall adhere to following principle for repair, maintenance and cleaning of items mentioned in clause 5(i)Energy conservation, water conservation and water harvesting;(ii)Protection of green areas;(iii)To protect environment and health;(iv)Scheduled routine maintenance ;(v)To develop procedure to avoid accidents;(vi)Minimize human exposure to harmful contaminates and cleaning residues;(vii)Ensure building occupants and workers safety at all times;(viii)Ensure waste management in environmentally safe ways;(ix)Beauty and aesthetic sense of the complex; and(x)Prevention of pollution in the building and complex;Note: In case any unauthorized work is carried out by a member or an occupant, the committee shall, if comes to the conclusion that the problem is due to the action of the member or occupant after informing this to the such a member or occupant, as the case may be carry out the repair work at his cost.(6)All the repairs not covered by sub-rule (5) and any other item as approved by General Body or provided in the bye laws of the co-operative housing society shall be carried out by the committee at cost of member or occupant:Provided that if due to internal change or damage there is any seepage or structural defect in another flat, the affected member/occupant may make a representation to committee, which shall carryout inspection of the flat within fifteen days and if it comes to the conclusion that the representation is correct, the committee shall advise the concerned member to take corrective steps immediately and if no action is taken within seven days, the committee shall initiate action for getting the defects removed if necessary by taking police assistance for it and approach the Registrar for the recovery of amount incurred thereon as arrears of the land revenue from the member, who had carried out internal changes which has caused harm to another flat.(7)It shall be the responsibility of the committee to insure its building(s) equipments, fixtures and fitting etc., necessarily against risk of the earthquake and allied perils as provided in sub-section (5) of Section 93 of the Act. However, where the allottee member has mortgaged his interest in the property with the approval of co-operative housing society to his employer or financer, the member shall inform in advance to the committee, so that an endorsement to this effect can be incorporated in general insurance policy of the co-operative housing society. In this case, such member is not required to have separate policy to cover the interest of the mortgagee.(8)Co-operative housing society shall prepare a Disaster Management plan of the building and complex which shall be implemented and updated by it regularly.(9)Fire Prevention Plan shall be prepared by the cooperative housing society and regular awareness, drill about their prevention and evacuation etc. shall be carried out in consultation with Fire Department.(10)Any other organization such as Resident Welfare Association or Apartment Owners Association, by whatever name it may be called shall not be allowed to control or participate in the management of Co-operative housing complex. However the committee of the co-operative housing society may set up sub-committees consisting of member and non member to assist the committee in the management of the complex of the cooperative housing society.(11)No member or occupant shall carry out any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament, or shall add any material structure or excavate any additional basement or cellar without obtaining the consent of committee
