FAQs: Repairs & Leakages in Housing Societies
By Maharashtra Bureau
|Q1 What action has to be taken by the Committee after going through the report for repairs to be undertaken in case the repairs have to be done by the member at his cost?
Ans. In respect of the repairs to be carried out by the member at his cost, the committee issues the notice to the member, indicating therein, the particulars of repairs necessary at his flat and calls upon him to carry out the repairs to 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.
|Q2 Member ‘A’ is holding terrace flat. Damage caused to the plaster of ceiling of his flats, and then can the society incur the cost of it from its own fund?
Ans. If there are outside repairing word of such flats them the society has to bear that cost. However internal plasterwork of the ceiling should have to incur by the ‘A’ him. Similarly, if the work is regarding structural stability (a recasting of slab) then the society has to incur it by its fund.
|Q3 Member ‘A’ stays on upper floor he has not done any type of repairing or changes in his flat, even then the leakage develops in the flat of member ‘B’ residing below ‘A’ than can the cost incur on it made from the funds of the society?
Ans. Under bye-laws, it is obligatory to incur such cost by the A and B together. The society cost as per the resolution of general body meeting.
|Q4 What power does the Society have regarding an examination of the Flats and for what purpose?
Ans. Every member has to allow the Secretary of the Society, accompanied by any other member of the Committee, to enter upon his flat with prior intimation to the Member by the Secretary of the Society, to examine its condition for ascertaining the repairs, if any, necessary for the purpose of facilitating the discharge of functions mentioned under the Bye-law No. 156 by the Committee.
|Q5 When can the Society cause the structural audit of the building to take place?
Ans. The Society has to cause the structural audit of the building of the society as follows:
|Q6 What action to be taken if lower floor flat owner makes complaints that leakage from the flat caused nuisance, however member from the upper floor did not co-operate for repairing?
Ans. It is expected that members should Co-operate with each other for leakages. Society first by calling upon both the members for a joint meeting, try to create an atmosphere of getting co-operation for repairing. If a member is not co-operating and not allowing office bearers of the society/workers in his flat then by making a complaint to the local police station repairing work can be get done through the workers by taking help of local police. In this regard, a member who caused a nuisance of leakage can seek justice from the co-operation court under section 91 in respect of the leakage problem.
|Q7 What does the Secretary have to state after the examination of the Flat?
Ans. The Secretary of the Society has to report to the Committee, and indicate therein, the particulars of the repairs which have to be carried out by the society at its cost and those repairs which have to be carried out by the members at their cost.
|Q8 What action has to be taken by the Committee after going through the report for repairs to be undertaken in case the repairs have to be done by the Society at its cost?
Ans. On receipt of the report, the Committee has to ascertain the cost involved in the repairs, which are required to be carried out by the Society at its cost as provided under the Bye-law No. 160(a) and the notice has to be served on the member for such period as the Committee thinks adequate, and also specify its intention to carry out the repairs and thereupon on the receipt of such notice, the member concerned has to allow the workmen engaged by the society, directly or through its architect, access to his flat for carrying out the repairs.
Q9 Member ‘A’ resides on upper floor, he has made internal repairing in his gala. This caused damage to the plaster of ceiling of the Member ‘B’ who stay at lower floor, then can a repairing of the ceiling of member ‘B’ made from the funds of the society?
Ans. Such expenses should be borne by Member ‘A’. If he denied that justice can be sought under Section 91 of the Maharashtra Co-operative Societies Act, 1960 by filing a suit in the Co-operative Court and similarly from the local authorities (Municipal Corporation) by making a complaint.
Q10 Who has to conduct such a structural audit?
Ans. The structural audit has to be conducted by the Engineers from the panel of Municipal Corporations in case of the Societies which are in the limits of Municipal Corporations. In the case of other societies, such structural audit has to be carried out by the Govt. Approved Engineer.
|Q11 If one member while doing repairing in his gala caused damages to the other member’s gala then which officer gives a decision on it? And whether dues of the societies can be withhold due to this reason?
Ans. Justice can be seeking in this regard by filing a suit in the Co-operative Court as per provisions in Section 91 of the Maharashtra Co-operative Societies Act, 1960. However, the dues of the society cannot be withheld for this reason.
Q12 What can be done if the member concerned does not agree to comply with the notice issued by the Society to carry out the repairs on his cost?
Ans. If the member fails to comply with the notice, the Secretary of the Society or the Architect appointed by the Society shall be deemed to have the authority to enter upon the flat after giving due notice to the member concerned and cause the repairs to be carried out. The amount which is spent by the society on such repairs is to be recovered from the member concerned.
Q13 Member ‘A’ resides upper floor. Since he has done repairing work, this cause leakage in the gala of member ‘B’ who reside low on that floor. Then can society make repairing of its own fund?
Ans. It will be necessary that the said expenses should be borne by the Member ‘A’. Justice can seek in this regard by filing suit under Section 91 of the Maharashtra Co-operative Societies Act, 1960.