Rain water leakage into the flat

Steven (Querist) 04 August 2026 This query is : Resolved
Hello,

I am an NRI and own a 3BHK property on the second floor of a 4-floor apartment. Due to rains, water is leaking from the outside wall into my flat hall in the second floor from the cracks of the outside wall. I have reported this to the society, but the society members are telling me to fix the leakage, and it is not the responsibility of the society while I continue to pay yearly maintenance on time. Due to this leakage, I am unable to find prospective tenants to rent the flat.
Appreciate your guidance on this

Regards

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Quick Summary

An NRI owner is experiencing rainwater leakage into their second-floor flat through cracks in the external wall. Despite paying maintenance fees, the housing society claims it's not their responsibility to fix the issue. This leakage is hindering their ability to rent out the property. Advice suggests reviewing the society's bylaws and consulting a local lawyer with relevant documents like the sale deed for proper guidance.

kavksatyanarayana (Expert) 05 August 2026
What are the terms and conditions of the bylaws of the society? Without knowing the conditions of the bylaw cannot form an opinion. You consult a local lawyer with a copy of the bylaws of the society and your sale deed for further guidance.

P. Venu (Expert) 05 August 2026
Any suggestion depends upon the law under which the Society is registered and the specific provision in the bye-law in the given context.

T. Kalaiselvan, Advocate (Expert) 07 August 2026
You may first submit a letter to the president/secretary of the society explaining the issue and seek its intervention to rectify the problem.
If there's no response or if the registered society refuses to address your problem you can initiate appropriate legal action as per bylaws of the society.

Dr. J C Vashista (Expert) 08 August 2026
You are required to make arrangements to block rain water entering in your flat as it is not a leakage for which Managing Committee of the Society can be held liable.

Steven (Querist) 28 August 2026
Thanks for your response.

The below is with due respect to the response from Dr. Vashista.
The rainwater leakage is coming from the cracks in the external wall of the apartment. The cracks are seen from the 4th floor until the ground floor. Unable to exactly specify the exact location of the leakage. My flat is located on the 2nd floor, In this scenario, should I fix all the cracks from the 4th Floor to the ground floor of the external wall?

T. Kalaiselvan, Advocate (Expert) 29 August 2026
You should not personally fix or pay for all the cracks from the 4th floor down to the ground floor.
The housing society bye-laws and property regulations (such as RERA guidelines), external walls are classified as common property. Maintaining and repairing external building structures is legally and structurally the responsibility of the Resident Welfare Association (RWA) or Housing Society, funded through the society's collective maintenance or sinking/repair funds.

Dr. J C Vashista (Expert) 29 August 2026
If the cracks are from 4th floor to ground floor on external wall of your flat, it is solely responsibility of the management of the Society / Association, you must inform them.
It is not understood as to how there is crack and leakage in external wall from 4th floor flat to 2nd floor, which is un-noticed by the management ?
If the management do not fix it (leakage) all (4th floor to ground) flat owners may get it repaired and issue bill to the management.

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