Hi ! My flat is in an old building (30 to 35y old) RCC structure. The structure seems to be very strong, but due to rusting of GI water pipes there is water leakage problem. And poor maintenance makes the building look very shabby. We have submitted an application with the building society for interior renovation and cosmetic work including, tiling, wood work, plumbing etc. A payment of Rs. 1,000 was made a receipt handed over to us against the permission from the society in Feb 2021. Thereafter the leakage were found and due waterproofing was done. The exterior walls are not well maintained and there was rain water seepage, so we repaired the exterior walls and put ceramic wall tiles on the interior walls of the entire flat of around 600sqft. Old windows were rusted and we applied granite panelling. Rusted metal door frames were replaced with granite frames. Heavy & thick cement floor tiles were replaced with vitrified tiles. In meantime, the society several times stopped the work due to threat of Covid apart from official lockdown days. Now on the complaint of only one resident, residing just under our flat, the society has asked us to immediately stop the renovation work. They feel the building no. 3 where our flat is, cannot bear the weight of the tiles and granite. I know this is just there presumption and they have nothing to prove it. But they ask us to resume the work only after a certificate is submitted from a structural engineer/architect, certifying the granite and tiling work could be done. We have not made any structural changes in our flat. All the beams, pillars and load bearing walls are intact and the sunken slab for WC & WC are in their original place. We feel that we are just making aesthetic changes in our flat for a better living condition. We have been regularly paying the maintenance charges to the society. Please advise how to proceed with our work ?
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You are at liberty to carry out renovation work after obtaining prior permission from society
you have not carried out any structural alterations in flat
obtain an architect or structural engineer certificate as desired by society that tiling / granite work won’t damage the building
You have already obtained permission from the society for carrying out the renovation work hence there's no necessity to stop the work at this stage in the oral instructions of the society.
You can ask them to give it in writing after which you begin the legal process against the society by first issuing a legal notice to refrain from indulging in such activities which do not warrant their interference without proper evidence to prove their allegations, subsequently you can file a suit for permanent injunction against the society to restrain them from interfering with the said renovation work without any valid reason or documentary evidence to prove their false allegations or assumptions in this regard.
if the society does not agree, then you may make a formal complaint to the Registrar of Co-operative Societies against the decision of the society.
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- However , the society is responsible to check the day to day problems of its members
- You can file a compliant before the management of the society work that said renovation will not harm the base of the building but it may increase the life of the same, and stopping the work is malafide
- If, no response then file a compliant against society before the Registrar.
- Further , if there is no response then you can file a suit for Injunction before the court to restrain the society in your renovation work.
You can complaint to dy registrar in the above circumstances. They can't illegally stop you
Dear Sir,
1. In order to avoid any hassles, it would be best for you to request a certificate from the architect that there is no problem in carrying out such a construction.
2. This would be a prudent approach to adopt and would be a benefit for you as well as the society.
Thank You!
