Society Bye laws for Private owned terrace flat
7 months ago
We have a terrace flat on the 1st floor in Navi-Mumbai, legally on paper. It is approx 550 sq ft. The boundary wall was damaged and on the verge of falling off. Society verbally committed to pay for the expenses once they have funds, it's been over 5 years and they haven't. Now they are denying paying us. Please advise.
A.Dear Client,
Floor owners of the building got both land and roof rights collectively in a multistoried housing complex. The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. Since you bought it from the Builder and using it alone, it becomes your personal liability to repair the damage at your own. Society takes care of the common interest of all residents of the building, and will not be helpful in the matter on protest/objection from other member residents of the society. Further, in case other resident members raise any objection and litigate the matter before the competent authority, you may face the legal consequences for owning a common area of the housing complex.
Floor owners of the building got both land and roof rights collectively in a multistoried housing complex. The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. Since you bought it from the Builder and using it alone, it becomes your personal liability to repair the damage at your own. Society takes care of the common interest of all residents of the building, and will not be helpful in the matter on protest/objection from other member residents of the society. Further, in case other resident members raise any objection and litigate the matter before the competent authority, you may face the legal consequences for owning a common area of the housing complex.
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A.Dear Client,
In a situation where the boundary wall of your terrace flat is damaged, and the society verbally committed to paying for the expenses but has not fulfilled that commitment for several years, you may need to take certain steps to address the issue. Here are some general steps you can consider:
Document the Verbal Commitment: While verbal agreements can be challenging to enforce, it's essential to gather any evidence you have of the society's commitment to pay for the boundary wall repairs. This may include witness statements, correspondence, or any written records that reference the commitment.
Review Society Bylaws: Review the bylaws of your housing society or cooperative housing society. These bylaws typically outline the responsibilities and obligations of both individual members and the society as a whole. Check whether there are any provisions related to repairs and maintenance of common areas, including boundary walls.
Communicate with the Society: Initiate written communication with the society's management committee or office bearers. Clearly explain the situation, reference the verbal commitment, and request that they fulfill their obligation to cover the expenses for the boundary wall repairs. Keep records of all correspondence.
Seek Mediation: If direct communication with the society does not yield results, you may consider seeking mediation. Some housing societies have a dispute resolution mechanism or an internal grievance redressal committee. Engage with these bodies to facilitate a resolution.
Consult an Attorney: If the society continues to deny responsibility and the issue remains unresolved, consult with a real estate attorney. They can review the relevant legal documents, provide legal advice, and guide you on how to pursue your rights under the law.
Approach the Registrar of Cooperative Societies: If all else fails, you may consider approaching the office of the Registrar of Cooperative Societies, which oversees cooperative housing societies. They may be able to intervene or provide guidance on resolving the dispute.
Consider Self-Repair: As a last resort, if the safety of your terrace flat is at risk due to the damaged boundary wall, you may need to consider funding the repairs yourself. Document all expenses and efforts made to resolve the matter with the society, as you may seek reimbursement through legal means later.
Thank you.
In a situation where the boundary wall of your terrace flat is damaged, and the society verbally committed to paying for the expenses but has not fulfilled that commitment for several years, you may need to take certain steps to address the issue. Here are some general steps you can consider:
Document the Verbal Commitment: While verbal agreements can be challenging to enforce, it's essential to gather any evidence you have of the society's commitment to pay for the boundary wall repairs. This may include witness statements, correspondence, or any written records that reference the commitment.
Review Society Bylaws: Review the bylaws of your housing society or cooperative housing society. These bylaws typically outline the responsibilities and obligations of both individual members and the society as a whole. Check whether there are any provisions related to repairs and maintenance of common areas, including boundary walls.
Communicate with the Society: Initiate written communication with the society's management committee or office bearers. Clearly explain the situation, reference the verbal commitment, and request that they fulfill their obligation to cover the expenses for the boundary wall repairs. Keep records of all correspondence.
Seek Mediation: If direct communication with the society does not yield results, you may consider seeking mediation. Some housing societies have a dispute resolution mechanism or an internal grievance redressal committee. Engage with these bodies to facilitate a resolution.
Consult an Attorney: If the society continues to deny responsibility and the issue remains unresolved, consult with a real estate attorney. They can review the relevant legal documents, provide legal advice, and guide you on how to pursue your rights under the law.
Approach the Registrar of Cooperative Societies: If all else fails, you may consider approaching the office of the Registrar of Cooperative Societies, which oversees cooperative housing societies. They may be able to intervene or provide guidance on resolving the dispute.
Consider Self-Repair: As a last resort, if the safety of your terrace flat is at risk due to the damaged boundary wall, you may need to consider funding the repairs yourself. Document all expenses and efforts made to resolve the matter with the society, as you may seek reimbursement through legal means later.
Thank you.
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A.Dear Sir,
If you have legal documents owning terrace flat then get issue a legal notice and file a civil suit either get mandatory injunction to get repaired the terrace or get the damages.
If you have legal documents owning terrace flat then get issue a legal notice and file a civil suit either get mandatory injunction to get repaired the terrace or get the damages.
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