Leaky terrace -- association refusing to fix the issue
Q: Sir, I have a question related to leaky roof from terrace of our building. I live in an apartment complex, wherein our association is registered under the Provisions of the Karnataka Societies Registration Act, 1960. My apartment is on the top floor and there is a common terrace on top of my apartment. During rains in Bangalore, water from terrace seeps through the floor and results in leaky roof in my apartment from 3 to 4 places. Due to laying of water pipes for all apartment owners and hence holes drilled for clamps in the floor, the problem has become aggravated. Apart of the damage to ceiling whitewash in my apartment I had to replace one ceiling fan also. During heavy rains, I have to keep bucket or some vessel to collect water drops, falling down from the ceiling.
Our association is refusing to fix the terrace area and is asking affected parties to get it done by working with Dr. Fixit Vendors. Per apartment, cost comes to INR 70k. After lot of debate, association is not agreeing to pay more than 50% of the expense.
My questions are:- 1) Is terrace not common area under the responsibility of association ? as per association members, terrace should be treated in similar way as the common wall between 1st floor and 2nd floor – hence sharing of expense between the two owners. Is this the correct argument? a. For a similar case in Mumbai, I could find the following news item but I am not sure if the same society act rules are applicable in Karnataka also .. http://www.dnaindia.com/mumbai/report-society-must-pay-for-repairs-of-leaky-roof-hc-1043382 2) Shouldn’t the association bear the total expense ? 3) In case the association refuses to take full ownership, what are my legal rights and next steps that I can do to make them do what is right.
Hey Ashish, As per my knowledge, the apartment association should take care of the issue but, if they are not ready for the same you can consult a legal expert to get an fair idea about the same.