Common terrace maintenance

manan chokshi (Querist) 11 September 2014 This query is : Resolved
Dear sir/madam,

I owned top floor of the 6 flat apartment (2 flats on each floor) in Ahmedabad City, Gujarat, India.

Since earthquake there were minor/major cracks on the common terrace and started to leak heavy water in my both flats. I have done water proofing treatments 3 time costing approx Rs. 60,000/-. I have requested to all members of the building to contribute but they are refused all the time. On this monsoon water leakage problem goes worst then ever.

I have asked professional to stop leakage and they have given me approx. Rs. 1,50,000/- budget to solve the problem.

Now my question is weather there is any law for common terrace maintenance to be done by all members or I have to do it by my pocket only.

Waiting for your kind reply.

Manan Chokshi

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Dr J C Vashista (Expert) 12 September 2014
Is it a builder flat or cooperative group housing society?

P. Venu (Expert) 12 September 2014
Is your apartment is registered as a cooperative society or otherwise?

manan chokshi (Querist) 12 September 2014
There is no co-op society or any other thing. Each flats are individual flats and terrace and other things are common for all flat members.

P. Venu (Expert) 12 September 2014
Many of the States have enacted laws regulating relative rights and obligations of the apartment owners. Remedy available depends upon the law, if any in your State. A intensive search in the Google may provide the answer.

ajay sethi (Expert) 12 September 2014
all flat owners have to pay for repairs of terrace . if they refuse to do so file complaint before consumer forum for deficiency in service .

Rajendra K Goyal (Expert) 12 September 2014
Send legal notice to other occupants for payment. How the maintenance is being arranged and how the collection for maintenance is being done? Your spending can be collected in installment.

Raj Kumar Makkad (Expert) 12 September 2014
As the terrace is common for all, the cost of repair is required to be borne by all flat owners. You may recover even the previous cost including future cost. File a civil suit thereto.

T. Kalaiselvan, Advocate (Expert) 19 September 2014
The experts have observed and advised suitably. All other residents of other flats, if have rights in common ion the terrace and they refuse to share the expenses, you may issue a legal demand notice claiming their share to maintain the terrace as other common amenities are being maintained.