We are residing in the cooperative housing society in Mumbai. The building that we are staying in is around 7 years old.
Of late there is leakage from the toilet of the flat above ours. The flat owner is refusing to repair the leakage stating that the society is responsible for leakage from the toilet. The builder has provided the commodes (English style) to all the flats. However the flat above ours has Indian style commode. (The owner states that the builder has provided him with Indian style)
We have written to the society about the leakage and the society has informed us that as per the rules the person suffering due to leakage will have to bear the cost. That is the entire cost will have to be borne by us.
We request your good self to throw some light as to who is responsible for the leakage and who shall bear the cost
I C Naik
Dear Parul
You may be aware that day to day management matters in co-operative housing society are regulated in terms of provisions made in registered bye-laws of the concerned housing society. One needs to consult the same.
Please let me know the date and number of registration of your housing society. Also tell me the date on which (in case if) the registered bye-laws were replaced by adopting the latest Model in Special General Body Meeting/Annual General Meeting. This is to ascertain which Model Bye Laws are registered by your housing society and are in force?
My advice will depend on bye law provision.
