Regarding Owners Assocaition law.
Abdul Aziz
(Querist) 25 September 2009
This query is : Resolved
Hello Sir,
Our's is a registered Owners association in Thane district, Nerul, Navimumbai. Please help me to understand if i have any dispute with the Managing Committe members or tenants of the society, under which law of act it will be addressed.
Issue: Leakage issue from above flat owner who happens to be seceratary of the Managing Committee.
Property Law or Civil Law.
Thanks to guide me on the same.
Raj Kumar Makkad
(Expert) 25 September 2009
Civil Law is the best remedy. Moreover, you may also take the help of your bye-laws governing the relations of owners to owenrs and tenants to owners. If any specific procedure is provided therein, that shall prevail first and if no such procedure exists therein then better to avail civil law and rent law in case of tenant.
Abdul Aziz
(Querist) 27 September 2009
Sir,
Thanks for your valuable comment.
Please guide me on the below issue. I have a leakage issue from the above flat.
I gave a written complaint to the President of the society and the defendant happens to be a member of Managing Committe, is a Secretary. The committe was bias in their decision and their verbal decision defferred in written reply.
Below is the written complaints given to Managing Committee.
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Sir,
This is to inform you, I and my family staying at Flat #, Bldg # are facing water leakage problem since last one and half year, from the above said residence and informed the same to the resident owner however the owner doesn’t co-operate and adamant that I should bear the cost on my own to fix the leakage even if the leakage is confirmed from his residence.
His Water tank over flow pipe is located at the entrance of his kitchen which when left open to overflow for sometime, the excess water that’s gets accumulated at his bathroom floor start dripping continuously. In the past and even now when the owner and his family are out on vacation the leakage happens continuous due to the overflow pipe location and his vulnerable bathroom flooring. I again affirm that the leakage is from above flat which I can prove during the NMMC Water timing, if unproved, I will bear the entire leakage fixing cost at my own.
Although in the past the owner refused to bear or share the expense which I incurred twice to cement the gap of his bathrooms vulnerable flooring tiles and once with the owner consent decided to retile his bathroom floor, however the next day he refused to allow us to carry out the work when I had the material and labor in place and b’coz of which I incurred the loss and the leakage still exist. The owner has become habitual to not incur the expense even though the leakage is from his residence.
A similar incident happened in the past where leakage was occurring from water pipe of my residence to Flat # and the society made the decision that the leakage should be fixed at my cost since the leakage is from my residence, however after showing them the leakage source the society accepted and fixed the leakage at society cost since the leakage was from external water pipe. Hope similar decision will be followed when the issue will be confirmed.
Request for your kind co-operation to assist me to get the leakage issue resolved amicably from the owner of the residence at his cost and also reply me in writing about the society’s stand on this issue in a week time or at the earliest.
Thanking You,
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Below is the reply from the Managing Committee.
We refer to your letter dated ***
Your allegation of water leakage alone from flat # doesn't hold good as the same was inspected and found that flat # wall is also damp and is in bad condition.
The contention of your letter was deliberated and discussed by the committee on date *** and are of the opinion.
It is well settled principal and practise that all interior works within the flat are being carried out by the respective individuals. Society will be able to bear expenses of exterior of the building and common areas depending upon the need and urgency considering the availability of funds.
Hope the matter is clarified.
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In consideration with above reply from managing committe i have replied to them with another written saying i can prove the leakage is from above residence failing to do so i'll bear the entire cost of repair to fix the leakage.
The Managing Committee has inspected at my place before giving the above written reply.
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Please me to understand the law of the above concern. Ours is Apartments Owners Association registerd in Thane district. The governing body is CIDCO and Corporation is NMMC.
Thanks for your valuable time and appreciate your suggestion on the above issue.
Abdul Aziz
(Querist) 29 September 2009
Correction to Managing Committe reply part of above complaint, the Managing Committe DIDN'T inspect at my place before giving the return reply.
Sarvesh Kumar Sharma Advocate
(Expert) 26 September 2009
