• Society uses terrace like garden with no maintenance

Hello,

I stay in a co-operative housing society which is very dead back no keen in repairing or proper water facility, we have flat at 5th floor and above is the terrace, in 20 years society never concerned for the leakage of our ceiling or repaired terrace, building state is very bad, but their 11 kids wants to jump and play on the terrace.
People of all floor wants to go for walk and jog to loose weight, earlier this year slab has fallen in our neighbours house and society didn't help the owner. 

We worried if the same happens with us if they keep using terrace. Also we invest enough in repairing our ceiling as well as terrace floors every year as heavy leakage problem.
We are worried and neither can sell the property please suggest.
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

1) it is society responsibility to repair the terrace 

 

2) if society refuses to do file complaint against society before consumer forum seek orders to direct society to carry out repairs to society within stipulated period 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Hi

File a complaint to the Registrar Co-Operative Societies against the society and file a specific performance suit against the Co-Operative Society.

First check that weather it is mentioned in the bylaws of the society that they will takecare of the maintenance and repairs of the flats...

If it is mentioned then file complaint.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It is the primary duty of the society to make the repairment work at the cost of common fund.

Since you had to bear the cost from your own pocket the society is bound to reimburse it.

So to claim your money and to force the society to carry ut the necessary repair work you must lodge a complaint with Registrar of society so it may such necessary order.

In the meantime refuse to pay your monthly contribution. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

are you giving maintenance amount all these maintenances is covered in that amount and should be maintained? contract with your society must have some clause regarding this. talk to RWA if they do not agree you can complain about them in co-operative society office. the problem can be solved either by talking or complaining. 

Also, try to gather society people so that they all support you if letter goes from may people it makes a difference.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members. 

As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

- As per  Bye-laws ,  Repairing of external leakage of the premises is the responsibility of society. 

- Further , The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.

- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,

- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society , and if no response from the BMC , then you can file a suit in the Court as well. 

- You should lodge a written complaint in the office of your co-operative housing society for the same , and if no response then take legal steps as i mentioned above. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If it takes maintenance it need to repair the same. Even if it doesn't take they have to collect repair fund and repair the same. As society is in obligations yo do the same

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Complain to municipal office and request to seize the terrace due to constant threat of ceiling fall. Same kind of accident already faced few times back.

If no due solution, file civil suit and obtain stay. Since the threat is constant and lethal, complain the police for immediate releif.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The society is supposed to maintain the building out of the corpse funds collected for this kind or major repairs.

Next time when you find such damages, you may issue a notice to the society to get the same repaired out of the maintenance funds collected from all the members.

If they fail to comply with the demands made you may drag the society to the consumer forum for deficiency in service as well as for the releif of getting the same repaired.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

1. Terrace is a common space which can be used by anyone in the society including kids for playing.

2. There is no remedy you can seek under the legal framework to stop society members from using terrace.These problems are inevitable once you embrace the flat culture.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Report it to BMC

If the state of the building is very bad then it will need a structural audit to be done

Once BMC gives a notice to do structural audit then society will have to submit that report 

In that report the professional consultant will suggest what all needs to be done to restore the building 

Then take that up in the general body meeting of society

If the MC is not keen then report it to the District Deputy registrar of co operative societies 

A dilapidated building is a danger not only for its residents but also the passers by

So report to the police as well

These are some of the ways you can compel the inert and ignorant society members to shell out funds for the building repair

The fact that in the past the slab of a floor had collapsed itself speaks volumes 

The society members cannot just overlook it

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Hi 

Since your flat has a common slab between your ceiling (roof)  and the terrace, you can object to the usage of terrace by other residents , given the fact that the common slab is in poor condition. 

Please issue notice to the society and all other flat members, highlighting

a) the poor condition of the common slab (roof for you) and (flooring for terrace) and

b) also highlight the leakages and

c) Highlighting the risk of slab falling on the heads of residents in your house.

also asking the society and flat members to refrain from using the terrace '

 

If even after issue of notice, people continue to use the terrace, then

a) you can file a criminal complaint against your neighbours(For nuisance and threat of life)  and/ or

b) get injunction orders against the society and the neighbours restraining them from using the terrace till such time the common slab is strengthened to prevent water leaks and further detoriaration(with costs to be borne by all members of the society)

 

Hope this information is useful. 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Dear sir/madam,

You are suggested to complaint the society management and if not heard by the society, complain to registrar of society and also to the local administration/police against such activities. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Try and discuss this issue with the office bearers of teh Society. Ask them to chalk out a fund for carrying out the requisite repairs and for ensuring the overall upkeep of the building. Take recourse to legal remedies only in case your discussion fails. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If their is secretary of your society then send him a written complaint about non maintenance of terrace.

2. If there is no secretary or secretary doesn't reply to your complaint then You should just lock the terrace and ask society to share the money for maintenance of terrace if they want to use the terrace.

3. If they still dont stop using terrace then you should approach court and make every resident of society as party to the suit. 

4. Suit should be for sharing of maintenance amount or restraining them from using the terrace. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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