Response
Normally the apartment association will pass a resolution for carrying out such repair after getting approval from its members. If you are the owner of the Apartment you need to approach association head with a written representation.
If there is no association formed then you need to fight back with the flat owner who are causing such an annoyance. you may send a legal representation stating the fact the leakage in the roof top had occurred only due to the repair works carried out by the above flat owner and demand them for carrying out necessary repairs by plastering the roof to put back in the position before.
In the majority of cases the leaseholder is responsible for maintaining the structure and pipe work within flats, and therefore it is their responsibility to pay any costs associated in the event of a leak and ensuing damage
It is ultimately a landlordÕs job to protect the flats of their tenants from water penetration, so the onus is on them to solve the issue as promptly as possible. This also means that they are liable for failing to do so.
When a leaseholder refuses to take appropriate action to fix the leaks the tenant can take legal action by enforcing the terms of the lease. Usually a lease will contain disrepair and nuisance clauses. these are then either enforceable by the management company / freeholder or other leaseholders.
but since as you stated its a society that means flats are owned by the people residing then in that it will be the responsiblity of the owner of the flat above.
As per rule, if the water leakage is caused by some alterations done by the flat owner staying above, then it is his/her responsibility to address it. You need to write a letter to Managing Committee of your CHS and get it resolved. If it doesn’t get resolved, you can escalate the matter to Local Municipal Corp as well as Deputy Registrar of your area.
If it is not the fault of flat owner staying above you, then the expenses to stop/repair leakage has to be borne equally by you and above flat owner as per law. Same procedure as per above needs to be followed if above flat owner is not ready to co-operate and share the expenses.
In either of the cases, you will have to rigorously follow-up with the concerned authorities until you resolve the issue. These are teething issues and bound to take time if above flat owner doesn’t co-operate. Build pressure on above flat owner by taking help of other flat owners of CHS and managing committe. Don’t fight. Solve it amicably in a smart way.
Reference: “As per the bylaws, the managing committee should take necessary action to repair leakages directly or through the two flat owners. In case the society does not take action, the aggrieved member may approach the BMC, who cassue a notice to the managing committee.
Bombay Municipal Corporation and write to the Bombay Municipal Corporation to issue notice to the society as well as a member residing above his flat ,draw the attention of the Bombay Municipal Corporation to the irregularities and illegalities in the cooperative society.
As per section 342 of BMC Act, 1988 (amended till date), the following Òtenantable repairsÓ, can be carried out without obtaining permission from the ÔBuilding and FactoryÕ department of local BMC:
Plastering, painting, pointing of your flat
Providing guniting to the structural members or walls
Changing floor tiles
Repairing WC, bath or washing places
Repairing or replacing drainage pipes, taps, manholes and other fittings
Repairing or replacing sanitary, water plumbing or electrical fittings
Replacing the roof with the same material
Replacement of existing water-proofing material of the terrace.
The only pre-conditions to the renovation work to be done at residences are:
The original tenantable structure (whether rental or ownership) must be legal, i.e. it is based on the original BMC-approved Building plan.
Though no BMC permission for the above is required, it is advisable to do so under strict supervision of a registered Architect and/ or Structural Engineer”
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LAWAYZ-2023-249
