Supresh 02 November 2015

Leakage from above flat

Hello Sirs,

I would like some information on finding solution for the leakage problem from above falt.

1. I am facing leakage from above flat due to which bedroom,Bathroom and kitchen wall is damage.We had raise a verbal complaint to society chairman,member of committee,Inform the residiing tentant in the flat and called and inform owner personally.

2.Owner visted and saw the damage and conculted as it is outside mansoon problem as last month there is no rain still the issue we are facing.Then, he said need to check and if found it will be done and charge need to mange by both as 50% (as he mentioned it present in Bylaws)

I need help for the below concern.

1. Where should i get the bylaw is it common under Maharashtra housing ACT or sepecfic to housing society.

2. My wall are damages and can i ask that also to get repaired and ask for 50% cost as he is claming.

3.Option available in case he raise his hand saying its not his problem for leakage can i choose legal option against owner and society for getting the repair work completed.

4. Should i approach BMC or any office for getting the same resolved.

Thanks in Advance

Supresh

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2 Replies

(Guest)

This is common issue in all hosuing societies running grouped flats. The laws arevery clear. If the lekage is due to structural problems between two flats whetheron same floor adjoining or two flats one above other the two owners have to share the expenses equally.If it is problems of manyflats society has power to do it and chareg cost form each flat belomginmg to that problem.

YOu should first understand casue of leakage and show to some repairing expert-plumber of Masson. Getestimate made and send copy to top flat owner and ask him to eitherpay money if you have to getrepair doen or ask him to complete repair in 15 days time if locaiton of defect required repair in his flat.

The laws are very clear in this matter.

Socoaity normally maintains all defects in ground thatis starts from exit point of your bathroom and commode discharge points.Roads,outside lighting,security, lawns,gates of colony etc.

Society wotn do you inside flat repair or repair of vertical walls etc,

You cna complain tolcoal municipal corporation/Develop authority which has jurisdiction on thatcolony to get repair enforced.

YOu cna also go as lastrort to a magistrate to get orders

YOur top neighbor has to participate in repair if you can show the leakge is due to some structure in his control/area

(Guest)

I give a practical example.You see seepage in your bath room celing. It is found that wateris leaking from pipe connected to commode of top flat bath room. THis is routine maintennaceproblem so topfloor owner has to getit done and pay himself.

But suppose a comon [piapelike sewerage pipe inside wall is leaking and spoiling wallsof three flats bunched together b they top of each oitheror adjining, all these flat owners have to saherexpenses..

Your society prsdient can play rolemof mediator only in your problem.

Please society has also been given powr to enter any flat and get any mergency repair done if it theratens health hygiene and saftey oif occupants or building structure by giving notice in advnace.For example you liveon ground floor and you removed a portion of load bering wall inside flat which may weaken the structure and endangercolapse of your roof and also fltas above, society managementcan enter and get it repaired