By Adv. Sanjeev Kanchan
There is always a Tug-of-War between the Society and its Members in many Societies as regards responsibility and liability about additions/alterations/repairs.
I would like to narrate the law and procedure in such cases to avoid/reduce tension amongst the Members of a Co-operative Society.
1. A Member cannot without the previous permission of the Managing Committee in writing, make any additions to or alterations in his Flat.
2. The Member desirous of making any additions/alterations in his Flat shall make an application to the Secretary of Society giving all the required particulars.
3. On receipt of the Application the Secretary shall scrutinise and bring any short coming therein to the Notice o the Member concern within 7 days.
4. The Secretary shall place the Application before the Meeting of the Committee which shall take the decision.
5. The Secretary of the Society shall communicate the decision of the Committee within 15 days of the decision.
6. The Member shall also allow the Secretary accompanied by any other Member of the Committee to examine its conditions for ascertaining the repairs. The Secretary shall make a report to the Committee indicating therein the particulars of the Repairs to be carried out by the Society at its cost and those by the Members at their cost.
7. The following repairs and maintenance of the Property of the Society shall be carried out by the Society at its cost.
(a) (i) All internal roads, (ii) Compound Walls, (iii) External water pipe lines, (iv) Water pumps, (v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and Parapet Walls, (x) Structural repairs of roofs of all flats (xi) Stair Case Lights (xii) Street Lights (xiii) Outside Walls of the Building/ Buildings (xiv) All leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line (xv) Electric Lines upto main switches in the flats, (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.
(b) All the repairs not covered by the bye-law No. 160(a) shall be carried out be the members at their cost.
8. in respect of the Repairs to be carried out by the Member at his cost, the Committee shall cause the notice to him indicating therein the particulars of repairs in his Flat to the satisfaction of the Architect approved by the Society if any, at his cost, within such period as the committee may allow. On his failure, the Secretary/Architect appointed by the Society shall have authority to enter the Flat, cause repairs at the cost of the Member after giving him due notice.
Can a member without the permission of society encroach upon the flower bed & niche areas and add to his carpet area ? Is the managing committe authorised to regularise such repairs? What action can be taken against the errant member ? Can a penalty be levied and what would be the maximum penalty?
I have a terrace flat on top floor ,i also put a sheding on my terrace . In rainy season,there is always a leakage from the corner ,as there is buildings lift stair case is there .Do the society look after this matter or i have to do those expenses by myself?
I would like to know what constitutes external water pipe line as given the Byelaws of the Society. My query is: Water pipe line comes down from the terrace tank to the flat. It is connected to the flat by way of Tee Sectiomn and a small pipe which goes inside the flat through the walls. Will the Tee section and small pipe gouing inside the fflat constitutes AN EXTERNAL PIPE LINE AS PER THE BYELAWS.Rhere is crack in the small pile and water is leaking and percolating into the wall structure. Who has to reapir this Society or Member. Would be obliged if a expert on this guides me.