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Action against co-op. housing society ??

(Querist) 25 September 2010 This query is : Resolved 
I am owner of a flat in a Co-op hsg society in suburban Mumbai . Our hsg society building is more than 30 years old & has three floors and a terrace.
I stay on third floor exactly below the terrace..

we have verbally asked our society innumerable times to carry out repair work & water proofing of terrace as due to rains every year
the ceiling in our rooms are damaged.... approximately three years before part of one of the ceiling got exposed ...we had carried out repairs at our own cost..

three months before ....ceiling of my balcony , bed room have completely given away exposing rusted iron rods visible from my flat
I have contacted four to five contractors to carry out the repair works in my flat but all are of the same opinion that water proofing & repairing
of terrace is a must before anything can be carried out at my flat's ceiling as it would be waste of money to do repairs at my home.

since then I have complained in writing to society about calling a meeting & carrying out immediate repair & water proofing of terrace
bcos it has become dangerous to stay in our home until we carry out repairs..

but our society committee has not taken any steps till now....they just say that there are no funds in the society......
last year they had carried out some work which was just application of some white solution which had given away as the rains started this year and the contractors
which I had consulted had also checked the terrace and had said the work carried out was totally sub standard and total repairing of terrace
is required.
One of the committee member had even said that flat owners staying below the terrace are bound to have this problem and society is not responsible for
terrace.......
I am getting no reply from them whether they are going to undertake the repair of terrace as I will have to undertake repairs in my flat...

Isn't terrace responsibility of society ? even if they have no funds why can;t they collect it
from all the members ( other flat owners ) for terrace repair work ....as they did when other parts of the building were repaired ? Can't
they use sinking fund ....building is already more than 30 yrs old ?

I have paid all my maintenance charges till date...there are no dues..

In this case ...I just want to know what should I do first ..
Can i take legal action against the society for ignoring terrace and endangering our lives ??
Can I complain to BMC ...and ask them to visit my place ...as on my side the ceilings are exposed with rusted iron rods..& ask them to take action against society ??
Can I complain to Registrar of Society about my flats condition and what will be its implication .....

I didn't want to take extreme steps as I thought matter will be solved amicably between us and other flat owners will not face hardships
but something needs to be done

Please if anyone could help ?
jenil (Querist) 26 September 2010
????


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