LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

DS   02 October 2023

Rebuild of garage

We are owners of a flat in an “Association of Apartments” and our purchase agreement includes the only covered garage in this building. The garage lies at one corner of the compound.  The garage walls are `9 feet above the compound level. 

The compound wall collapsed about a month back and its collapse caused partial structural damage to our garage too. 

The managing committee proposes to rebuild the remaining compound wall upto the original 5’ height, but exclude the 2 walls of the garage. 

They said we will have to build the garage walls etc at our cost because the garage remains our “private property”.

Are they not obliged to build the entire garage over and above the compound level, along with the roof, even though it is our private property, as it was structurally damaged due to collapse of the compound wall, garage wall(s), resting on this foundation to collapse?

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     02 October 2023

If you hold that the collapse of the compound wall was the cause for the damages your garage suffred, you can issue a legal notice to the association to rectify the damages or to pay compensation for the damages or to reimburse the costs that you suffered to repair the garage walls.

Failing which you get the damages assessed through a civil or structural engineer and file a suit for recovery of damages against the assocaition. 

DS   03 October 2023

Thank you for your replies. It was very helpful.

T. Kalaiselvan, Advocate (Advocate)     04 October 2023

You are welcome for your appreciations.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register