Orion Blues (Manager) 20 January 2015

Leakage or seepage repair by office bearers in condominium

Hi,

I am residing in an apartment condominium since last 9 years. My flat is on top floor. There is a leakage and seepage since last 2-3 years from the terrace in my kitchen and terrace side during the rains only.

1) Since I am paying the maintenance which covers Security Charges, Common Area Electricity Bill, House Keeping, Usable water supply pumping charges, etc. Should I approach the Managing Committee of the my Condominium and insist or force them to repair it for me or Do I need to repair it my self? Or I stop paying maintenance?

2) What should I do, if the managing committee is short of repair funds in its accounts for such kind of repairs where it says it requires huge amount and society cannot bear the expenses, but it is ready to do the repairs after collecting repair and painting funds for the entire society from every flat owner?

3) If I need to file a legal complaint against the Managing Committee regarding the above issue, then where should I go, should I approach the Maharashtra Housing Cooperative Society Regulatory Body or Civil Court?

and in case if -

4) I have stopped paying the maintenance since last year till date for this reason and the committee has stopped my Garbage pickup facility and intending to stop usable water supply by giving us 3 months back a notice on common notice board to all to pay the pending maintenance amount. Should I stop paying till the managing committee repairs it. Or I file a case against the committee for stopping my services.

Please advice.

Thanks and Regards

AKS

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4 Replies

Kishor Mehta (CEO) 20 January 2015

Sir,

First and foremost you should not stop payment of maintenance charges.

If your complaints of leakages are not being attended, you should make a complaint in writing stating out the facts and submit it to the Managing committee against their counter signature and endorse a copy of the complaint to the Asstt. Registrar of CHS of your area.

The relevant section of THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970 are cited hereunder for your perusal and information:

"THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970."

(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall-bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and . void.

(5) The necesary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvments thereto shall be carried out by the Manager or Board of Managers only as provided herein and in the bye-laws.

(6) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repairs and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to' another apartment or apartments."

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate) 22 January 2015

You should not stop paying the maintenance amount. On this issue, you may issue a communication in writing to the secretary of the association stating that you face the said problems continuously and ask him to get it repaired because it is in the common area and also if he fails to respond you may inform that you will undertake the repair work at your cost and will recover the same from the association. This can be a legal notice too. Do it and see the reaction.

Orion Blues (Manager) 23 January 2015

Thanks for your valuable time Sir.

1. Actually my society is registered as Condominium Apartments, it is no cooperative housing society.

2. The leakage is not in terrace or in parapet but below it at a distance of 2 feets from top, in the shade of my balcony.

so is society liable for repair or I should repair it?

i am still holding the maintenance and not paying it.

secondly, I am not the flat owner but a son who is communicating with the management on the leakage issue on behalf of my mother, So the association is requesting me to let the owner / share holder contact the association.

Please advice.

regards

Kishor Mehta (CEO) 23 January 2015

Sir,

[1] Please understand that the section I have cited above relates to condominium flat owners society.

[2] The Manager or Board of Managers are responsible to repair and keep in good repairs any structure relating to the buildings.

[3] You and/or your mother should not refuse to pay the maintenance charges, that is a grave offence.

[4] For any continued complaints or grievances you should make a written complaint to the Manager or Board of Managers and endorse a copy to the CHS Registrar of your area, and if you are not satisfied with the response from the Registrar you can take the matter to higher authorities.

Good Luck,

Kishor Mehta