If you live in a high-rise apartment or a cooperative housing society (CHS/Society) with multiple floors, the leakage problem is quite common. Usually, when such leakage occurs, there is a lot of contention about who should be responsible for taking care of the subsequent repairs.
If the building is newly constructed, a complaint can be made to the builder seeking compensation in the form of repairs. However, if the builder cannot be held responsible, the flat-owner should file a complaint with the managing committee of the Society, which will investigate and arrive at an appropriate decision. Usually, if the leakage is discovered to be connected to a direct cause of a neighbouring flat, such flat-owner is liable for repair costs. However, at times, leakage could occur from external sources which is why the Society should carry out necessary repairs.
This week, I will address one such problem, persistent leakage, that continues to recur even after repairs have been completed. I will also address complaints about pets in housing societies and the process of re-electing a member as secretary after sudden demise of incumbent.
Persistent Leakage from Neighbouring Flat
Question: I live in a CHS in Mumbai under the BrihanMumbai Municipal Corporation (BMC) jurisdiction. For the past six years, we have been facing a leakage from the bathroom of the apartment above. The leakage is visible externally and comes through the external wall and ceiling. While it is not dripping, it is visible on the wall which has resulted in a foul smell and fungus forming on the walls.
In the past, after repeated requests, the neighbour made some repairs following which we renovated our home at a significant cost. After the repairs, our walls were dry even though the leakage was visible externally from their flat. Now, merely six months later (even before the monsoon), we have started seeing the leakage again and can see water pouring down from their external pipe. This water seeps into our walls as it flows down. We had engaged a professional consulting company which pointed out the cause of the leak in a written report using external inspection and inspection of our flat. The neighbours did not allow the consultants to inspect their bathroom, saying it was all repaired.
They agreed to an inspection by another contractor after we complained to the Society. This contractor also pointed out an issue in their two bathrooms and identified the source of the leak. The neighbour still disagrees and says the sewage outside their bathroom is not their problem and should be repaired by the Society.
What options do we have to compel either the Society or the neighbour to fix the leak?
Answer: Under bye-law no. 174(D)(iv), ask the flat-owner to do the leakage repairs from a BMC-approved architect. People often appoint a mason or kadia to do leakage repairs, but such contractors are not really qualified for such a job. If your neighbour does not agree to hire the services of a BMC-approved architect to do the leakage repairs, then under bye-law no. 174(B)(iii) make a complaint against that flat-owner in a cooperative court. If you decide to take up the complaint in a cooperative court, you will have to hire the services of an experienced advocate.
Managing Pets and Their Owners in Housing Society
Question: This is about keeping pets, more particularly dogs, in Mumbai apartments. Can you please help me understand whether there are any bye-laws in this regard or if there are any other laws connected with it? What restrictions or obligations are to be followed by the pet-owners? In case they violate these rules, what can the Society do?
Answer: There is no bye-law which restricts pets such as dogs, cats, fish tanks or birds in the Society premises. Only two bye-laws, no. 45 and 48(a) refer to the cleanliness of a flat and decent living in the Society, but there is no mention of pets.
There are some general rules that a Society can enforce. For instance, if pets create a nuisance in Society, such as defecating in public or common areas, the owner should be held responsible for the clean-up. Similarly, each owner should have a valid pet's licence from the local municipality. Under bye-law no. 165(a), any violating owners can be fined an amount of Rs5,000 each financial year.
NOTE
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Sudden Demise of Secretary in Housing Society
Question: There has been an untimely death of our beloved secretary. I wanted to know who will take charge as acting secretary until the elections occur, as we are an unregistered housing society.
Answer: You cannot run an unregistered CHS. Please get the Society registered by the deputy registrar of cooperative societies in your area. If the secretary passes away, someone can be elected by the managing committee among the other members of the Society. You will also have to complete other formalities, such as informing the bank where the Society maintains its account about the new signatory.
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
My society is under Redevelopment process. I have asked Documents such as PMC feasibility report, video recordings of more than half dozens of SGM/ AGM . Managing committee is not supplying. I have approached DY REGISTRAR Office of my MCGM zone , He also issued letter to MC to provide me all documents and video recording of SGM. It is past 6 months my queries are unanswered. My terrace also started leaking as builders persons started demolition windows and grills as per IOD of MCGM terms , builders are prevented to demolish where members are still occupied the flats ..I complained MCGM .it too not took any support to my side . My Airtel internet line is also disconnected leading to No TV or digital information available to my family. Please guide me where my problems will get heared. I am 58 years person living with my family in beautiful society once upon a time now . Builders and society MC has converted desert flooded with water and Rubbish.