Water leakage between two flats in society
sugandh
(Querist) 02 August 2012
This query is : Resolved
Sir/Madam,
I am flat owner in one society and I am residing on 2nd floor and there is some water leakage in flat situated at 1st floor (flat situated below my flat).
necessary(small) repairs done by below flat resident, still leakages are going on.
Below flat owner approaches the society for this issue. Society replied that it is issue of owners staying at 1st and 2nd floor and society is not responsible and answerable for this.
The fact is that the piping/plumbing which are done by Developers is concealed one and we have not done any kind of changes or renovation in our flat till date.
Plumbers tell us that we have to brake tiles (our flouring)to identify the problem exactly.
Kindly provide the solution that who will be responsible for this as who will bare cost of repairs. whether society or we members.
Tajobsindia
(Expert) 02 August 2012
1. Check first the by-laws of the Society / Association.
2. If it says something similar to below then solution is to amicably resolve between lower flat owner and yourself;
(a)
(i) all internal roads,
(ii) Compound walls,
(iii) External water pipe lines,
(iv) Water pumps,
(v) Water storage tanks,
(vi) Drainage lines,
(vii) septic tanks,
(viii) Stair cases,
(ix) Terrace and parapet walls,
(x) Structural repairs of roofs of all flats.
(xi) Stair-case lights,
(xii) Street lights,
(xiii) Outside walls of the building / buildings,
(xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line.
(xv) Electric lines upto mainswitches in the flats
(xvi) Lifts,
(xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.
(b) All the repairs, not covered by the bye-law shall be carried out by the members at their cost.
3. it is obvious that the piping/plumbing in your flat or lower flat will be concealed one as per specification approved for Builder to proceed ahead at the time of building the Flats. The builder also got approval for "External water pipe lines", "external common pipe line and drainage line."
4. The pipeline coming from your flat (concealed) from W/C + Shower drainage + Wash Basin are your responsibilities. These three are connected to external common pipe line and drainage line which is mostly kept in "open areas" and mostly never concealed and repairs of these comes under Society by-laws is my opinion.
Get a Civil Engineer and Authorised Plumber inspection done to find root of the problem even if it requires breaking of few tiles. Once root cause found then reading down the by-laws either Society / Association takes the responsibility as per by-laws OR both upper and lower flat owner amicably resolve between them is right way out.
sugandh
(Querist) 02 August 2012
Dear Sir,
I am very much thankful for your concern. I have one query in that, whether society bye-laws can suppress the provisions which are made under Act relating to this.
Whether society bye laws are binding on us which override the provisions made in the society Act.I am living in Nalasopara, Thane
ajay sethi
(Expert) 02 August 2012
the law is clear . in the vent of leakages the cost of repairs has to be borne by both the flat owners equally
sugandh
(Querist) 03 August 2012
Thank you for your valuable advise.
Sir, as we dont know that where is exactly leakage whether it is internal (concealed) or external.
May I correct that - society is responsible only when the leakages are external and if it is inernal i.e. concealed then we society members are liable to borne the cost of repeairs
can we check the bye laws of society and plans for concealed plumbing ? Till date we have not done any kind of repairs, so even though we are liable to borne the cost of repairs ?
Is there any source to identiied where is the exact problem...
Please advise.......
Thank you
