Internal repair cost in co operative housing society
H.S.ACHARYA
(Querist) 05 January 2016
This query is : Resolved
Dear Experts,
I live in a co op hsg society in Mumbai on 4th floor apartment and recently there was some leakage reported by the flat owner on 3rd floor below my flat saying leakage is from our bathroom and they have lodged a complaint to the society secretary and informed that if the repair work is not carried out immediately he will lodge complaint in BMC. Although carried out thorough repairs 10 years back. I have agreed to carry out the repair once it is confirmed by the Structural Engineer that the leakage is from out flat as we do not want anybody to suffer due to leakage from our flat and as per practice followed in our society the cost to be shared 50:50 but he complainant is not willing to bear the cost and his demand is to repair his wall and do painting. As per co op housing society bye-law society will undertake only external repair and all internal repairs to be carried out by members. Can anybody guide us what is the rule ?whether the cost has to be shared by both or only I have to bear the entire cost? It will cost approx Rs. 50000/-
P. Venu
(Expert) 06 January 2016
What is the opinion of the Society Managing Committee and what rule/bye-law they are relying upon?
Rajendra K Goyal
(Expert) 06 January 2016
If bye - laws are silent in the matter You have options:
1. Get the matter decided by the society. You have option to accept or reject the decision of society.
2. Get the repairing at your cost if confirmed that it is due to defect in your portion and want to live in stress free asylum.
3. Let the other party approach law and get the matter decided legally which would worsen the situation for them till decision which may not be favoring them.
H.S.ACHARYA
(Querist) 06 January 2016
Dear Experts,
Thanks for the advise. Society has informed verbally both of us to bear 50:50 cost as per practice followed so far and carry out the repairs. Other party not yet confirmed his acceptance.
regards,
K.S.Srinivas
(Expert) 10 January 2016
Society has informed verbally the bear the cost in the ratio of 50:50. But this point is not incorporated in the Bye Laws. However, you have mentioned that as per co-op housing society bye-law society will undertake only external repair and all internal repairs to be carried out by members. In order to resolve the dispute, it is advised that the internal repairs may be carried out by you and request the external repairs be carried out by the society.
T. Kalaiselvan, Advocate
(Expert) 14 January 2016
The bye law in this regard will play a major role. No verbal rulings by society will be binding on the warring parties. Let the agitating party approach the authorities concerned which will pave way for the reliefs sought legally.
Hemant Agarwal
(Expert) 02 November 2016
1. IF the leakages are emanating from the 4th Floor Flat to the 3rd Floor Flat, and "IF" the leakages are not rectified by the 4th Floor Flat, THEN it can also constitute a Criminal Offence under the BMC laws.
2. Legally the Society bye-laws, have no legal force in internal leakage matters.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 02 November 2016
Nothing more required to add from me on this old issue.
