• Regarding beautification of Common passage on my floor

There was a broken flooring in our passage area and a hole i false ceiling during a work conducted by society. i requested society several times to repair it but no response. in the end i wrote the letter to secretary that with the concern of other two flat owner we are repairing the tiles and false ceiling. society didnt replied over it but sent me a notice of saying its illegal and is asking me to remove it or will take legal action.
what must be done?
Asked 4 months ago in Property Law
Religion: Hindu

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7 Answers

Carrying out repairing job internally by any flat owner/owners is not at all illegal and hence the notice sent by the society has no legal standing.

You can very well ignore it and carry on with your repairing work.

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

Issue legal notice to society to carry out necessary repairs in flooring and false ceiling . 

you cannot on your own replace the flooring without society consent 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

- The maintenance charges collected by the society from the members is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society, and hence the society cannot refuse to repair the common passage.

- Further, the society is under obligation to refund the repair amount paid by the member , if the permission of the same was already obtained or society was properly informed. 

- Since, you have already repaired the broken flooring after informing the society , then you can claim the refund of the paid amount 

- The said work by you is not illegal and against the society norms.

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

It is a common passage and a common area of the society, hence it becomes the duty of the society to repair the damaged false ceiling.

You can give a suitable reply notice that you just have proposed to repair the same at the cost of the society because it poses danger of falling on any individual who may pass through the passage endangering the life also.

However please note that the minor repair work within your apartment can be done with or without the permission of the society and it cannot be considered as an illegal ct, whereas you are intending to do the task pertaining to the common area of the society which can be considered as tampering with the structure hence illegal. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

You can repair it don’t have to remove it

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Dear Client,

The managing committee is responsible for the maintenance and repair of common areas, including flooring and false ceilings in passage areas. Your repeated requests for repairs put the society on notice of the issue. If the society failed to take action, it neglected its duties. The urgent repair you did shows that you acted with the concern of other flat owners and notified the society, which indicates that you attempted to act responsibly. It is advisable to respond to the notice clearly stating the series of events, your repeated requests for repair, the lack of response from the society, and your eventual decision to undertake the repairs with the consent of other flat owners. Express your willingness to discuss the matter amicably with the society and suggest a meeting to resolve the issue. If the society does not respond positively, you can file a complaint with the Registrar of Cooperative Societies. The Registrar has the authority to adjudicate disputes between members and the managing committee. As a last resort, if the society threatens legal action or if you need to assert your rights, you may consider seeking legal counsel to file a suit against the society for failing to maintain common areas. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

Greetings,

Although it is utmost important to maintain healthy relationship with people living around you, but it is only possible if each and every one cooperates with the other and tries to understand the basic necessities and requirements of the residents. 

In your case, just like it usually happens, it seems to be an effect of groupism in the society which creates friction amongst the residents.

There is no illegality in getting repaired anything for the welfare of the residents in a society, whereas it is the task assigned to the executive members of the society you choose but in case you have chosen to get it repaired yourself, the executive members don't have any right to get it removed.

The executive committee of your society can be held liable for the harassment, mental agony and financial loss you are going through.

Also, you can report the matter to the police if the society continues to harass you in anyway.

Regard:

Ankit Gautam
Advocate, Mohali
7 Answers

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