Vinod Menon 04 October 2018

Common terrace repair costs

Hi Legal Team,

I am staying in a top floor flat of an apartment. The apartment is managed by an association/society. There is a common terrace above my apartment which comes under common area

Unfortunately recently some cracks have developed in the Terrace area above my apartment and the association is asking me to absorb 50% of the repair costs.

I feel this is unfair as i am already paying monthly maintenance charges and terrance comes under common area.

Can you advise who should legally bear the cost of terrace repairs?

Thanks

Vinod

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4 Replies

G.L.N. Prasad (Retired employee.) 04 October 2018

The proper way is first protecting the structure. You may pay the desired costs under protest and contact Advocate for the remedy and such precedents. It is known to all due to bad maintenance of Top Floor during rainy seasons, the stagnated water damages the floor, which is your ceiling. The structure was damaged either due to bad maintainance or construction defects, as you can not use your ceiling for any purpose. Search in google for such precedent decisions / judgments or contact other societies and equip with knowledge.

But foremost, first get the damage arrested immediately.