Housing society

Chand Malhan (Querist) 03 December 2020 This query is : Resolved
There was a seepage of water from my bath room to the lower flat. I have got it fixed at a heavy expenditure. The lower flat is not willing to share the expensed as per Bye-Law 160 b.
Who can help me in getting my legitimate dues?

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A homeowner faced a costly bathroom water seepage issue affecting the flat below. Despite fixing the problem, the neighbour refused to share expenses, citing a lack of prior notification. The discussion highlights the importance of consulting society bye-laws, specifically Bye-Law 160b, which may mandate cost-sharing. It suggests attempting amicable settlements first, but if unsuccessful, pursuing the matter through the housing society or legal channels, including sending a legal notice, with proper documentation of expenses and any prior consultations.

kavksatyanarayana (Expert) 03 December 2020
Before seepage, did you obtain his willingness orally? If you have not intimated before seepage you cannot claim legally. Try to an amicable settlement.

Chand Malhan (Querist) 04 December 2020
How can one inform before seepage? Only after the seepage started, I took action by breaking the bathroom in consultation with the affected flat

Rajendra K Goyal (Expert) 04 December 2020
It seems there was understanding with the other flat owner regarding repairing. Take up the matter with the society. If there is no outcome, send legal notice to that owner and society. ,

Dr J C Vashista (Expert) 05 December 2020
It is purely responsibility of owner/ resident of upper floor to repair leakage in his / her flat at his/ her cost and risk

Chand Malhan (Querist) 05 December 2020
Dear Dr. J C Vashira,
As per the society Bye-Laws (160b) the expense has to be equally shared between the two flats. Please check and revert.
Thanks

Rajendra K Goyal (Expert) 05 December 2020
Have you taken permission and shared details of expenditure before proceeding with other flat owners and the society?.

Whether progress of work was shared time to time?.

Collect all proofs of the expenditure and send legal notice.

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