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V. VASUDEVAN (LEGAL COUNSEL)     18 April 2010

leakage/seepage in a Flat

 

In a Co-op Society, due to poor construction/long time non-occupation, some flats have the problem of toilet water seeping into the below Flat and also the marble flooring cracking and seepage in the below Flat. The MC has passed a Resolution that for the toilet leakage the owner should carry out the repairs as per the specifications recommended by the society to avoid recurrence at his own cost. Most of the members have compllied.


The Chairman of the MC himself did not complete this repair and his flat was unoccupied. Recently he has leased the Flat and the below flat is having some leakage probably through the marble Flooring. Shockingly, the Chairman is introducing a novel concept that in such cases both flat owners should share 50/50.. What it the remedy

- Obviously he can be removed from the MC-

- how does the society enforce the resolution against him - should it get a direction from the Registrar/Coop Court/the local municipal corporation OR it can directly remove the grill fencing.

Vasudevan



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