Leakage from terrace to lower flat

sukrut patil (Querist) 13 October 2015 This query is : Resolved
Hi,

I stay on 2nd floor in 5 floored apartment.
My flat has a 10x12 terrace attached to a bedroom. It is a private terrace. Above the terrace there is nothing and it is not covered.

There is a leakage in 1st floor flat from this terrace. The owner of 1st floor flat is asking to get it fixed.

I want to know who should pay for the repair charges. Do I need to pay for complete work or 1st floor flat owner should contribute in the repair work.

I read that society should do the terrace repair whether it is private of common as for 1st floor flat it is like top terrace.

More info.
1. MY flat is in a co-operative society.
2. I am paying monthly maintenance to society.
3. Its a 7 year old building. (So I don't think it is because of some construction problem)

Thanks & Regards,
Sukrut

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Kishor Mehta (Expert) 13 October 2015
Sir,

If the terrace is private to your flat, that is other members of the society do not have a separate entry to the terrace, then it is your responsibility to repair the leakage from the terrace.

You can request and convince the tenant on the first floor to contribute towards the repair cost, but you can not force him.

Good Luck,
Kishor Mehta

R.K Nanda (Expert) 13 October 2015
repeated as i have already replied.

Sudhir Kumar, Advocate (Expert) 14 October 2015
read society constitution and they frame question.

Rajendra K Goyal (Expert) 15 October 2015
No reply if query repeated.

Sudhir Kumar, Advocate (Expert) 15 October 2015
already replied

http://www.lawyersclubindia.com/experts/Leakage-in-bathroom-to-lower-flat--565406.asp#.Vh-TZm7K0dM

sukrut patil (Querist) 16 October 2015
Hi All,
I asked this question separately because I fond this on google.

http://www.dnaindia.com/mumbai/report-society-must-pay-for-repairs-of-leaky-roof-hc-1043382

It says that "In a suit before the Co-operative Court, Balani pleaded that according to principles governing cooperative housing society, even the private terrace belonging to one of the flat owners was the property of the society"

In my case its private terrace but above terrace there is nothing, just open sky.

Also I want to know if society laws are different in different states?
I am in maharashtra. Pune

Kishor Mehta (Expert) 16 October 2015
Dear Mr. Sukrut Patil,

The case you refer to dates back to 1990, when Balani, who had to repair the roof of his top floor flat as it was leaking, demanded that society reimburse the expenses as per the Maharashtra Cooperative Societies Act, 1960.

The Hon. Court ruled, as per the Bye-Laws of CHS applicable then, however the Hon. High Court , while confirming that society will have to bear repairing expenses for leaking roof, observed that a private terrace was not society's property"

The 2014 edition of Maharashtra Model Bye-Laws of Co-Operative Housing Society is very clear & explicit as regards the responsibilities of the Society and its members about repairs.

Repairs to private terraces are solely the responsibility of their owners.

CHS Bye-Laws of Societies differ from State to State.

Good Luck,
Kishor Mehta