Upendra Benon
What are the remedies when flat owner in a Society continuously avoid to attend to leakages causing mental and financial miseries to the victim who stays below his flat.
I C Naik
Bye Law No 48 has following procedure which is complete in every respect. So follow that properly and strictly.
1. Pass resolution in the committee for the Secretary to take steps as per Bye Law No 48
2. Send prior intimation to the member, to examine the condition of the flat having leakage for ascertaining the extent of the repairs.
3. The Secretary of the society, accompanied by any other member of the Committee, enter upon his flat.
4. The Secretary of the society shall make a report to the Committee, indicating therein the particulars of the repairs to be carried out by the society at its cost and those by the members at their cost.
5. On receipt of such report, the Committee shall ascertain the cost involved in the repairs, In respect of the repairs to be carried out by the member at his cost.
6. The Committee shall in its meeting duly convened with 3 days notice, cause the notice to be served on the member, indicating therein, the particulars of repairs necessary to his flat and calling upon him to carry out repairs to his flat to the satisfaction of the Committee, at his cost, within such period as the Committee may allow.
7. On his failure to comply with the notice, the Secretary of the society or the architect appointed by the society shall have authority to enter upon the flat and cause the repairs to be carried out after giving due notice to the member concerned.
8. The amount spent by the society on such repairs shall be recoverable from the member concerned by including in the maintenance Bills.
The matter can land up in Court, so make sure no procedural lapse is used by the delinquent member to get Committee’s actions quashed. So use extra care in all small matters.