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Konkimalla Dileep   10 November 2024

Terrace damaged becoz cracks and sloping issue. our flats facing seepage issues.

Sir/Madam, We owners of 3 flats in Hyderabad staying in 5th floor and it is last floor in our apartment which is 6 years old. Terrace is our roof. In monsoon season water sinking and leaking into our flats from terrace. Our apartment has no registered welfare association but has an unofficial executive body, it collect maintenance charges and Corpus Funds. We have been informing/requesting to executive body in Flat owners whatapp group and also in meetings since 4 years about seepage issues into our flats but they are not getting it repaired saying budget constraint as a reason. We are planning to file a civil suite for immediate injunction asking our loss and for damage making all owners responsible as terrace is a common area. We have taken the estimation and with the current available budget this terrace issue can be fixed. Instead of repairing this, they want to spend that money to painting  and other development works. These painting and other works will not damage any flat if it is postponed. We have proofs for what we are requesting since year 2020 and for painting there is no such written request raised in Flat owners whatsapp group from anyone from few years. I have attached the screenshot of our request made in year 2020.

Please advise me in this, can I send legal notice to all flat owners to make them responsible to get the terrace repaired? If no action taken even after notice, Can I get court direction over all owners to repair terrace?



Learning

 10 Replies

Dr. J C Vashista (Advocate )     10 November 2024

A good proposal, which should be acceptable to all affected residents / owners of the property.

Proceed.

Konkimalla Dileep   10 November 2024

Hi Sir, thank you for your response. If they did not consider getting terrace repaired as top priority or because of few flat owners objection. What should be our next step? Please advise

T. Kalaiselvan, Advocate (Advocate)     10 November 2024

The legal fact is that the unregistered cannot sue nor it can be sued 

If the current office bearers are not responding or not cooperating then you can inform them that since they are not taking care of your current requirement, ask them to return your corpus fund and categorically state that you cannot pay future maintenance amount also.

They cannot curtail the basic amenities, if they do, then you can obtain an injunction order against them through court.

This injunction order can be obtained against the person who is disconnecting the essential services.

 

Dr. J C Vashista (Advocate )     11 November 2024

Issue notice to the management / association (even if it is unregistered) followed by stop payment of any demand raised by them and file a civil suit seeking permanent injunction and stay order through a local prudent lawyer.

P. Venu (Advocate)     11 November 2024

The facts posted suggest the executive committee to be an infomal arrangement. However, the terrace being the commons, the affected persons can join together to sue the others who are remaining passive.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 November 2024

The issue can be solved only if there is a registered body under the applicable laws of the State. If there is no such registered body whom shall you hold responsible to do the work? You send notice to the committee or person who is collecting funds from you for other regular work to do the necessary repairs. If they do not do it you yourself get the repairs done at your own cost. And stop paying the monthly or periodic dues to the unregistered association until you recover whatever that you have spent. Are there other top floor flats who suffer the same or similar problem?

Konkimalla Dileep   12 November 2024

Hi Sir, thank you for responding and sharing your advice. Yes, there are in total 3 flats we are facing same issue similar to me. I am asking this on behalf of all the 3 flat owners.

T. Kalaiselvan, Advocate (Advocate)     12 November 2024

You can take legal action against the person who is collecting the funds by issuing a legal notice to either repair or to refund the money collected towards repairs, because in the absence of a registered society, one cannot collect corpus funds.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 November 2024

All three of you join together and take action.

Dr Brave   16 November 2024


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