Roof damage & repair cost to be done by apartment fund or by the top floor flat owners

Querist : Anonymous (Querist) 29 November 2010 This query is : Resolved
Respected sir,
Roof of a 16 flat apartment has been damaged.
there is fund given by builder as maintainance purpose which he collected from
cost amount of every flat.now the damage to
be repaired from the fund or by the top floor
owners? pl.advice.
Regards.

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Devajyoti Barman (Expert) 29 November 2010
If the roof is damamged due to negligence of one partcular resident then he alone is responsible or else the cost is to be borne out of the common fund. The Rules of the Society will also have to be followed.

Guest (Expert) 29 November 2010
I do agree with Mr Barman.

Advocate Bhartesh goyal (Expert) 29 November 2010
Ialso agree with Mr Barman

Aniket Giri (Expert) 29 November 2010
Generally this differs from Flat to Flat, as all have their own guiding rules.

Generally it happens that, all the costs of interior repairing is paid by the individual flat owners, and all the exterior repairing works are done by the collective society fund.

Now, Mr. Barman has also stated a vital point as in that case, the individual responsible for the damage should bear the costs of repairing.

s.subramanian (Expert) 29 November 2010
yes

Kirti Kar Tripathi (Expert) 30 November 2010
i agree.

JT Rajasuriya, Chennai (Expert) 06 December 2010
If the terrace is for common purpose then the association has to bear the costs.
If the top floor owners have exclusive usage rights and damage occurred due to their usage then it's their responsibility to get it repaired.

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