Moby 12 May 2021

Terrace repairs cost sharing

Hi,

Our building was under Govt admin back in 2013. Some residents took it upon themselves, took contribution and repaired the parking stilt pillars and installed a shed on the roof.
Subsequently in 2017 a managing committee was formed with elected members, and now major repairs of the building have been taken up. A sub committee was formed due to lack of trust in the MC and its use of funds to overlook the tendering and the repair work. Mid way between the repairs the sub committee (SC) sent a msg saying waterproofing for terrace needs to be undertaken and are quoting approximately Rs 6.5L for the work, per flat contribution comes to Rs. 13,000.

Now that external repairs are being done and an overhead shed already exists, so shouldn't the terrace repair costs be borne by the top floor flat owners?
Shed impacted the structure positively and was helpful for all flat owners down till the first floor. But this waterproofing will only and only benefit the top floor owners. So are all members liable to pay?

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4 Replies

Sankaranarayanan (Advocate) 12 May 2021

No ,all the residents of the flats should be paid . all are liable to pay the cost as fixed by the committee

Pradipta Nath (Advocate) 12 May 2021

Don't pay the amount in case if you don't want to. Wait for them to initiate recovery process from you. Until wait and convey your statement to the parallel committee.

Moby 12 May 2021

Mr. Pradipta, we plan to convey the our issue on the society group itself.

But wanted to know legally are we bound to pay this. If yes, then theres nothing we can do and we will pay it.

Or logically the top floor owners are supposed to pay since we have already paid for installing a shed. If this point is valid and can hold strength, then we pursue it and not pay it to them.

Pradipta Nath (Advocate) 12 May 2021

Legally you are bound to pay maintenance and repair cost. The legal point is whether the sub committee was legally formed or not and necessary procedure was taken to repair the building or not! Rest your issue that only the top floors members are benefitted are not legal issue and mere a factual issue, which ought to solve in concurrence with the members.

If the sub-committee formed by following necessary legal steps and followed the necessary resolution/procedures in meeting/s, you are suppose to pay.