Housing Society grievance!

[naomi20403]

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I reside in a residential housing society . I face severe leakge in my house due to the above 6th floor residence who has a 1500 sft open terrace . The society now has requested him to water proof the entire terrace , however since the area is large, the costs are also of much concern to the owner .

The society has requested the 5th floor flats exactly below this terrace to contribute 1/3 of the total amount required for water proofing to be spent by the owner of this flat . The balance 1/3 ,the society is willing to contribute and the other 1/3rd shall be paid by the owner of this open terrace flat . In my opinion , the amount to each of the flat members on the 5th floor ( we are only 4 such members who are facing this problem as our houses are below this open terrace ) is quite exorbitant .

The owner of this terrace flat should bear the entire amount !!

Can anyone guide me usually what is the practice in such cases or legally speaking what is the correct procedure ?

[Ganpat]

The responsibility for repairs in apartments has been a source of litigation throughout the world for more than a decade.

Now coming to your specific case, you need to find out a few things.

1.The rules & bye-laws of your society.
2.Whether the open area in question in the 6th floor is coming under the common area or is it wholly owned by another apartment owner/owners?
3. If it is under a private ownership, the purpose for which this open area can be used by the said owner and if there is any violation of the permitted usage.

From a common sense point, if it is a privately alloted area, then the responsibility for its maintenance rests with the individual owner of that open area. But it will always be ideal to ascertain the provisions of your society rules & byelaws on such matters.

[ggfts]

Hello Naomi,

Look at this link, maybe it can help :
DNA - Mumbai - Society must pay for repairs of leaky roof: HC - Daily News & Analysis


The Cooperative Court upheld this argument, and directed the society, to bear expenses for repair of terrace, which was a part of roof of Balani's flat.


But the high court, while confirming that society will have to bear repairing expenses for leaking roof, observed that a private terrace was not society's property.


Further, the high court held, it was not necessary to decide whether such a terrace was society's property in this case.

[aneeshjaffery]

Originally Posted by naomi20403

I reside in a residential housing society . I face severe leakge in my house due to the above 6th floor residence who has a 1500 sft open terrace . The society now has requested him to water proof the entire terrace , however since the area is large, the costs are also of much concern to the owner .

The society has requested the 5th floor flats exactly below this terrace to contribute 1/3 of the total amount required for water proofing to be spent by the owner of this flat . The balance 1/3 ,the society is willing to contribute and the other 1/3rd shall be paid by the owner of this open terrace flat . In my opinion , the amount to each of the flat members on the 5th floor ( we are only 4 such members who are facing this problem as our houses are below this open terrace ) is quite exorbitant .

The owner of this terrace flat should bear the entire amount !!

Can anyone guide me usually what is the practice in such cases or legally speaking what is the correct procedure ?

There is a ruling in mumbai from federation group that 1/3 formula has to be applied in flat to flat leakage. As the Society has given the right (with a cost)to a member to use the terrace, thia is applicable. But if Society is in possession then its responsibility of the Society to repair all open Leakages.