Request for clarification on terrace seepage issue repair ownership and responsibility

An RWA  cannot deny maintenance or repair of a common terrace, as it is a shared asset and the responsibility of the entire society. It is typically unfair to ask only the top-floor owner to bear the full expense, especially on a reimbursement basis, for repairs of common areas.

If the repairs are urgent and the RWA agrees to reimburse, get the agreement in writing to ensure you are fully compensated.

In most cases, a building's terrace is considered a common area shared by all apartment owners.

A well-maintained terrace prevents leaks and structural damage to the entire building. The RWA is responsible for maintaining common areas to protect the building's integrity.

The RWA must use the general "repairs and maintenance fund," which is collected from all members, to cover common area repairs like terrace waterproofing.

Courts have frequently upheld that the cost of waterproofing and repairing common areas like the terrace must be borne by the housing society. 

You can write a formal letter to the RWA's managing committee detailing the issue and requesting the repairs be undertaken using society funds. 

If the RWA wrongfully denies repairs or attempts to pass on the costs, the owner can send a legal notice. If the issue is still unresolved, or if the RWA is unresponsive you can approach the Deputy Registrar of Co-operative Societies or the Consumer Redressal Forum for relief and remedy

Thank you Sir for you're promot response. At present I have restricted the terrace access to prevent further damages. Can I claim the terrace as private area if I have to spent the whole repair work and future maintenance since other owners are not willing to contribute for the lifelong maintenance of the terrace.

Before commencement and /or completion of repair work of the terrace did you issue any written request to RWA ? If so, what is the response of  managment of the association ? 

I fully agree with the advise of learned senior expert Mr. T Kalaiselvan.

Terrace is part of common area to be maintained by the association from common fund collected from all members, which cannot be denied.

You can seek re-imbursement of the expenses incurred in repair of terrace.

You (as well the top floor owners) may serve a notice upon the Association for carrying out the reapirs from the common funds. If there is no action within reasonable time, the top floor owners can gat the reapairs carried out at their expense and take steps to realise the expensiture from the Association.

Hello Sir,

Is there any LAW that terrace seepage issue above the flat has to be handled/repaired by the flat owner and association supposed to repair only the common area terrace seeapge issue (ex: corridor, lift area, area outside the flat)

It is better to show relevant records to a local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.

All your such further doubts can be addressed only after you go through the association 's bylaws thoroughly to understand more about the present issue or consult an advocate in the local with all relevant documents and proceed legally against the association.