1) society is bound to rectify leakages in terrace
2) you cannot stop paying maintenance to society
3) you can object to redevelopment if due process not followed
4) no need to remove Ac as installed with permission of society
Cooperative society deny permission to undertake leakage work from terrace
I am member of society registered in BMC jurisdiction greater Mumbai. I am residing in 6 th floor and above me there is terrace. Society is not permitting to undertake terrace repairs works on my own cost . Note : Terrace leakage is extreme in my house and since moonsoon of 2022 I was assured by management committee to arrest leakage. I was waiting for almost an year and work is not done so I have stopped paying monthly maintenance charges. Email on all is sent to society for stopped payments due to non done on leakage problems faced by me. What are legal options available with me .learned Freternity of Advocates please advice . Note : 2 I have two units of AC and both are installed with permission from society. Society now demands to dissemble AC s if iwant to undertake repairs work AC are installed on upper wall above my flats and just above my Rooms in 2013 and 2016 . I Was never told to dissemble AC units .it is purely amount to harassment. Note 3: My society is advance stage of Redevelopment and this assignment given to unknown less reputed entity having done no business in building line since past 3 years and financial very questionable. NOTE 4 Society management committees insisting to sign me consent for Redevelopment which I have been objecting along with other members.
Asked 1 year ago in Consumer Law
7 Answers
Send a legal advise including FIR to nearest police station or to lodge complaint with BMC , Dy registrar or Consumer or cooperative court with fast disposal as I will be facing stiff monsoon of 2023 any day from now
Asked 1 year ago
File complaint against society before consumer forum seek orders to direct society to carry out repairs within stipulated period
also seek litigation costs and compensation for mental torture undergone by you
1. It is the duty and responsibility of the society to carry out repair works of all the common areas.
You can issue a legal notice demanding the repair work to be carried out immediately.
2. As the outdoor units of SCs are installed in your own property, that too with permission of the society, you may refuse to dissemble it, however you cannot stop paying the monthly maintenance amount
3. If the developer's integrity or experience is doubtful, you can gather like minded people and strongly object to having the development agreement with this developer.
4. You can consult other dissatisfied members about signing the consent letter based on the prevailing circumstances.
After an unsatisfactory reply from society, you may resort to legal action through whichever legal forum that would be convenient and effective.
Consumer redressal commission would be more appropriate.
You can file an FIR as well as consumer complaint in court. You can also file complaint to corporation for taking action
- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members.
- As per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- As per Bye-laws , Repairing of external leakage of the premises is the responsibility of society.
- Further, the Bombay High Court, held that a co-operative society is responsible for repairs of a leaking roof.
- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,
- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well.
- You should lodge a written complaint in the office of your co-operative housing society for the same, and if no response then take legal steps as i mentioned above.
Dear client,
I understand that you are facing several issues with your society and seeking legal advice.
- Terrace repairs: If your society is not permitting you to undertake terrace repairs, despite the extreme leakage issues you are facing, you can consider the following steps:
a. Communicate with the society: Continue to communicate with the society management committee in writing, emphasizing the urgency of the repairs due to the leakage problems and the inconveniences it causes you. Document all your communications for future reference.
b. Society meetings: Attend the society meetings and raise your concerns about the terrace repairs during the meetings. You can request other society members to support your cause and collectively put pressure on the management committee to address the issue.
c. Legal recourse: If the society continues to ignore your requests and refuses to take necessary action, you may explore legal options. Consult with a lawyer specializing in housing society matters to understand the legal remedies available to you, such as approaching the Registrar of Cooperative Societies, filing a complaint with the Consumer Forum, or initiating legal proceedings against the society.
- AC units: If the society is demanding that you disassemble your AC units, even though they were installed with permission in the past, you can take the following steps:
a. Review society bylaws: Carefully review the society bylaws to determine if there are any specific regulations regarding the installation or disassembly of AC units. The bylaws should outline the rights and responsibilities of residents concerning such installations.
b. Seek clarification: Communicate with the society management committee in writing, seeking clarification on why they are demanding the disassembly of your AC units. Request them to provide any specific bylaws or regulations supporting their demand. Maintain copies of all communication for future reference.
c. Legal recourse: If the society's demand appears to be unreasonable or not supported by the bylaws, you may consider seeking legal advice to challenge the society's decision. Consult with a lawyer specializing in housing society matters to evaluate your options and determine the best course of action.
- Redevelopment concerns: If you have objections to the society's redevelopment plans, you can take the following steps:
a. Understand your rights: Familiarize yourself with the redevelopment policies, rules, and regulations applicable in your jurisdiction. Understand your rights as a member of the society and the process that needs to be followed for redevelopment.
b. Communicate your objections: Clearly express your concerns and objections to the society management committee in writing, explaining the reasons for your objection to the proposed redevelopment. Request the management committee to address your concerns and provide satisfactory answers.
c. Legal recourse: If the society management committee insists on your consent for redevelopment despite your objections, you may seek legal advice to understand your rights and explore legal remedies. Consult with a lawyer specializing in housing society matters to guide you on the legal options available to you in this situation.
- Filing complaints: If you believe that your society is not addressing your grievances and you have exhausted all internal avenues, you may consider the following steps:
a. Lodge a complaint with the authorities: You can file a complaint with the relevant authorities such as the local police station, the BMC, the Deputy Registrar of Cooperative Societies, or the Consumer Forum. Provide all the necessary details, including the issues you are facing and any supporting evidence.
b. Consult a lawyer: It is advisable to consult with a lawyer who specializes in housing society matters before proceeding with any legal action. They will be able to guide you on the specific laws and regulations applicable to your case
