I have an apartment in an association of apartment owners. The association is registered under the Maharashtra Apartment Ownership Act 1970. Currently, I am working as president of the board of managers of the association. There is a leakage dispute ongoing in our association. The lower apartment has leakage from the upper apartment’s bathroom. The owner of the upper apartment refuses to fix the leak. As per the bylaws, every owner must perform all maintenance and repair work within his own unit. But the upper apartment owner is not cooperating with us at all. The owner of the lower apartment submitted a written complaint to us about this issue. He is saying that the board of managers has the right to make emergency repairs to prevent damage to his apartment. He is showing a few sections from the Maharashtra Apartment Ownership Act 1970 which are as follows:
Section 6 subclause 6
The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repairs and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments.
Section 9 Para 3
Provided further that, no labour performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or sub-contractor shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, against the apartment of any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto.
Can anybody help me to understand what is written in the above sections in simple language?
Is leakage considered emergency repair?
Does the board of managers have the right to repair internal leaks?
Who will pay for the repair of the leak?