Leakage problems in Society : Who should pay
By Legal Bureau
LEAKAGE IN CO-OPERATIVE HOUSING SOCIETIES.
Model Bye-laws prescribes following provision for leakage problem:
- It shall be the responsibility of the committee to maintain the property of the society in good condition at all time.
- The Secretary of the society on receipt of any complaint about the maintenance of the property of the society from any member of the society or on his own motion shall inspect the property of the society from time to time and make report to the committee bringing out the repairs, if any, considers necessary. The committee shall consider the report made by the Secretary of the society and decide as to which repairs to be carried out.
- (a) The committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property if the expenditure does not exceed upto Rs. 1,00,000/- this is subject to the Society having more than 51 members. The limit of expenses on repairs and maintenance of the Society’s property are linked to the number of members which is as under.
|Serial Number. Number of Members Amount
|1. Upto 25 members Rs.25,000/-
|2. Between 26 to 50 members Rs.50,000/-
|3. Above 51 members Upto Rs.1,00,000/-
(b) If the expenditure on repairs and maintenance of the of the society’s property exceeds Rs. 1,00,000/- prior sanction of the meeting of the general body of the society shall be necessary.
(c ) The meeting of the general body of the society shall decide.
(i) The limit upto which the expenditure on repairs and maintenance of the society’s property could not be incurred by the committee without calling for tenders for work in respect of the work the cost of which exceeds the limit so fixed the committee shall follow the procedure of inviting tenders placing them before the general body meeting for approval and entering into contract with the architect (if appointed) and the contractor.
(ii) The limit of expenditure on repairs and maintenance of the society to be incurred by the society in a Co-operative year.
- Subject to the provision of the bye law No. 158 the committee shall proceed to carry out the repairs and maintenance of the society’s property. It shall be the responsibility of the committee to see that repairs are carried out as per the contract.
- 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 wells (iii) external water pipes (iv) water pumps (v) water storage tanks (vi) drainage lines (vii) septic tanks (viii) stair-cases (ix) terrace and parapet walls (x) roof of flats (xi) stair-cases lights (xii) street lights (xiii) outside walls of the building/buildings (xiv) all leakages of water (xv) electric lines upto main switches in the flats and (xvi) lifts if any (xvii) roofs of the flat and ceiling and the plaster thereon on the top floor flats on account of the leakages of the rain water through the terrace. (b) all repairs not covered by bye law No. 160(A), shall be carried out by the members at their cost.