Monsoon-related water leakage from terraces is a common problem in many cooperative housing societies. Top floor residents are the most affected, often facing ceiling seepage, damaged plaster, and structural discomfort. However, as per the law, it is the society’s collective responsibility to maintain and waterproof the terrace.
Legal Provision: Terrace as Common Property
Under Bye-Law No. 68 of the Model Bye-Laws for cooperative housing societies in Maharashtra, the terrace is classified as a common area used by all members. Therefore, the society is responsible for its upkeep and waterproofing.
Responsibility of the Society
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The Managing Committee must ensure that pre-monsoon repairs of the terrace are carried out on time.
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Terrace waterproofing is part of preventive maintenance, and the society must not delay such work.
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The cost of waterproofing and associated repairs can be met from the society’s:
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Repair and Maintenance Fund
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Sinking Fund
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If the leakage causes damage to top floor flats (ceiling cracks, falling plaster), the society must also carry out repairs inside those flats.
In case the society does not have adequate funds:
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A general body resolution can be passed to raise additional funds.
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The cost is to be shared by all members, as the terrace is common property. No individual member can be exempted from this expense just because they are not directly affected.
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Disputes from lower floor residents refusing to pay are not legally tenable. The society has the right to initiate recovery proceedings for unpaid dues.
Preventive Measures & Best Practices
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Get the terrace inspected annually by a waterproofing expert.
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Choose a reliable waterproofing solution with a multi-year warranty.
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Maintain documentation including vendor agreements, warranty details, and GBM resolutions.
Waterproofing the terrace is a collective obligation of the society under the MCS Act and the Model Bye-Laws. All members are legally bound to contribute to these expenses, regardless of the floor they live on. Societies must plan in advance and avoid monsoon emergencies by ensuring timely repairs.
