Response

Terrace repairs is the responsibility of the society. But in reality members residing on top floors have to contribute extra is the unwritten rule for repairs of terrace. Alternatively suffer in isolation. Members in general body meeting will say just put tar by spending a few thousand rupees rather than repair the terrace. In one matter of internal leakage Bombay High Court has also advice all the parties to resolve the issue amicably.

That too after telling the cooperative society that the court would be forced to appoint an administrator to sort out the issue of leakage. In a suit before the Co-operative Court, Balani pleaded that according to principles governing cooperative housing society, even the private terrace belonging to one of the flat owners was the property of the society, hence the society was responsible for its repairs.

The Cooperative Court upheld this argument, and directed the society, to bear expenses for repair of terrace, which was a part of roof of Balani’s flat. However, the society challenged the ruling in the Bombay High Court. But the high court, while confirming that society will have to bear repairing expenses for leaking roof, observed that a private terrace was not society’s property. Further, the high court held, it was not necessary to decide whether such a terrace was society’s property in this case. Bylaws framed by the state government for housing societies — under the Maharashtra Cooperative Societies Act — clearly say that maintenance and repairs of roof of a flat is society’s responsibility, the court ruled.

Reference: Bye Law No 45 to 48 of Maharashtra Co-operative Housing Society Bye Laws

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