Charges for repairing and plastering external wall of a flat in cooperative housing society in mumba

🏢 Society's Responsibility for Repairs Under the Model Bye-Laws of Maharashtra Cooperative Housing Societies, external walls are considered part of the common structure, and repairs to them are typically the society’s responsibility2. Bye-Law No. 68 specifically lists external walls among the items the society must maintain at its own cost.

⚠️ Alleged Illegal Extension However, if the wall was illegally extended by the previous owner to cover a flower bed (which is usually a common area), the society may argue that: The extension was unauthorized and not part of the original structure. The repair is not covered under common maintenance, and thus the cost should be borne by the current owner. But here's the catch: unless the society has documented proof (e.g. plans, notices, or resolutions) that the extension was illegal and not regularized, it may not be justified in passing the cost to the current owner. 

💡 What You Can Do Request Documentation: Ask the society for records proving the extension was unauthorized. Check Bye-Laws: Review your society’s registered bye-laws to see how such cases are handled. Challenge the Charges: If the extension was done long ago and the society has maintained it until now, you may argue that it has been implicitly accepted. Legal Recourse: If the society insists without proper basis, you can approach the Cooperative Court or Consumer Forum for redress.