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Summary(if in a rush):
A young girl’s electrocution in Bangalore sparked concerns about safety in apartment complexes.
The incident raised questions about responsibility and accountability, with residents suing the association’s committee.
Challenges include volunteer-run associations, complex infrastructure, and limited liability of maintenance companies.
A lack of general safety culture further complicates the issue.
Recommendations include regular safety audits, dedicated safety committees, and stricter change management procedures. Legal support and collaboration among associations are also crucial.
The tragedy highlights the need for proactive safety measures in residential communities.
Full article:
The recent incident involving a young girl who was electrocuted in an apartment complex in Bangalore has sent shock waves through the city’s residential communities. This case has set a precedent for holding elected members of residential associations legally accountable for incidents within the complex.
Chronology of Events:
- December 28, 2023: A 9-year-old girl died from electrocution while attempting to retrieve a ball from the swimming pool at the Prestige Lakeside Habitat complex in Bangalore. Residents suspect a faulty electrical wire near the pool caused the incident.
- February 8, 2024: Based on the father’s complaint, police arrested the association president and six other members under sections 304 and 149 of the Indian Penal Code (IPC).
- Current Status: The arrested members are still in custody.
The incident highlights the critical need for enhanced safety and security measures in high-rise apartments, particularly concerning children. While the investigation continues, valuable lessons can be learned by residents and apartment associations.
Differentiating Responsibility and Accountability:
Within a residential association, responsibility and accountability reside with two distinct entities:
- Responsibility: The maintenance company, holds the responsibility to maintain common areas in a safe and hazard-free manner. Maintenance company executes contract with association to maintain common areas and facilities to the standards and provide a safe zone for residents to enjoy these facilities. If there are issues related to design of these facilities then there builder also can held responsible for it.
- Accountability: As per the Deed of Declaration, the association and owners are accountable for maintaining a safe environment by appointing a competent maintenance agency. Any builder related responsibilities also should be taken up by association with the builder.
Challenges in Implementation:
Despite clear distinctions in responsibility and accountability, real-world challenges hinder effective implementation:
- Volunteer-based Leadership: Association office bearers are volunteers juggling personal lives and full-time careers. They dedicate their personal time to managing the community hence expecting them to be responsive and on top of all issues all the time is impractical.
- Scale and Complexity: Large apartment complexes, spanning over 100 acres with hundreds of units, require coordination with numerous vendors and public authorities, making it very demanding volunteer work.
- Contractual loopholes: Maintenance companies, often have legal contracts that limit their liability for incidents arising from negligence (though this needs to be proven in court). Negotiating favorable contracts against large corporations with legal resources proves difficult for volunteer associations.
- Technical Expertise: Mid-sized residential associations require expertise in various areas like sewage treatment plants, backup generators, water borewells, elevators, waste management, fire safety, and physical security. While maintenance companies operate most of these systems, accountability falls on the office bearers, who often lack operational expertise in these domains.
- Lack of Safety Culture: Our societies, in general, lacks a strong safety culture, evident on roads, public infrastructure, and even within gated communities. It is evident in small children traveling alone in society lifts despite clear guidance posted in lifts that children under age of 12 should be accompanied by adults. Similarly swimming pool usage guidelines clearly state rules about small children should not get into pool without qualified adult supervision. While apartment complexes offer better safety compared to public spaces, parents must remain vigilant about their child’s safety and follow the security guidelines. Domestic helps, if employed for child, should be made aware of these and regularly monitored for adherence.
Recommendations for Residential Associations:
- Conduct Regular Safety Audits: Conduct comprehensive safety audits by reputable companies, going beyond simply having the maintenance company electrician check electrical points and CCTV cameras. This should be done at least annually (preferably once a quarter), with prompt action on identified issues.
- Dedicated Safety Committee: Establish a safety subcommittee reporting to the president, comprising individuals with diverse expertise in electrical, water, and project management fields. Residents with relevant skills can volunteer to contribute their expertise.
- Strict Change Management: Implement a comprehensive change management process for any electrical modifications, such as installing decorative lights or adding temporary points. This process should involve reviewing safety implications, implementing mitigation measures by the safety committee, and maintaining documentation of changes made.
- Legal Support: Invest in legal services to review the Deed of Declaration, safety guidelines, vendor contracts, and communication between office bearers and residents. This ensures all activities comply with applicable laws and protects the interests of both residents and office bearers. In case of unforeseen incidents, legal counsel can manage the association’s legal interests.
- Collaboration: Foster communication and collaboration with other residential associations across the country. This enables resource pooling for legal costs, liaison with authorities, and mutual support and knowledge sharing.
Conclusion:
The recent tragedy at an apartment complex in Bangalore serves as a stark reminder of the crucial role residential associations play in ensuring the safety and well-being of their communities. By adopting a proactive approach, implementing robust safety measures, and fostering collaboration, apartment complexes can create a safer environment for all residents.
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