Question 1

A member wants to renovate. What needs permission, and how long can the committee take?

Accepted Answer

Ordinary internal work does not need permission under the draft 2026 bye-laws: painting, tiles, kitchen or bathroom fittings in the same place. Anything structural, anything touching common areas, waterproofing, the façade or fire systems, or anything needing municipal approval does need written permission. The committee must decide within 30 days of a complete application. The 2014 bye-laws require committee permission for any additions or alterations. 2014 BL 45: no additions or alterations without the committee's prior written permission, applied for through the Secretary under BL 62, and no structural change without the competent authority's permission. Draft dBL 48 separates exempt ordinary internal repairs (a list is given) from works that need permission. The applicant supplies plans and, where relevant, a structural stability certificate. The committee may take an architect's or structural engineer's opinion and must decide in writing within 30 days, with reasons for any refusal. Permission "shall not be unreasonably withheld", and the member is liable for any damage caused. The committee or general body may fix working hours, debris removal, lift use for material, a refundable damage deposit and a contractor register for the gate (society policy under dBL 51(e), 173(b)(vii)). Guards should admit renovation workers only against the approved work order and log them.

Question 2

Water is leaking into a flat from the flat above or the terrace. Who repairs it?

Accepted Answer

It depends on the source. Leaks from the terrace, external walls, common pipes or drains are the society's to repair at its cost. Leaks from a flat's own bathroom, sink or internal plumbing are that flat owner's to repair. The Secretary inspects, with an expert if needed, and the committee decides who is responsible. 2014 BL 158(a)(xiv) and (xvii) put on the society all leakages from rain, common pipelines and drainage, and ceiling damage to top-floor flats from terrace leakage. BL 158(b) puts internal leakage from toilets and sinks on the flat holder. BL 46 lets the Secretary inspect and serve a notice. If the member does not act, the society may do the repair and recover the cost. The draft (dBL 47, 49) adds an inspection report, a technical expert where the cause is unclear, and a written notice with a deadline. The member may submit an independent expert's report before further action (dBL 47(h)). Leakage is an urgent complaint to be addressed within 7 days where practicable (dBL 186(d)(ii)). Staff should photograph the damage and note the date and both flat numbers when the complaint comes in.

Question 3

Plaster is falling off the ceiling of my flat, but there is no leak. Whose repair is it and what should I do first?

Accepted Answer

First make the spot safe and report it to the Secretary in writing the same day. Loose internal plaster on its own is ordinarily the flat owner's repair, but if the slab above is cracked, the steel is rusting or the fall comes from the structure, it is the society's repair and may be a sign that needs the structural engineer. Under the 2014 bye-laws the society's list covers structural repairs of the roofs of all flats and the top-floor ceiling damaged by terrace leakage (BL 67(a) / 158(a)(x), (xvii)); everything not on that list, including internal plaster, is the member's (BL 67(b) / 158(b)). The draft 2026 bye-laws say the same in clearer words: slabs, beams and all structural components are the society's (dBL 45(b)(a)), while internal plaster and finishes are the member's (dBL 46(b)(a)). The deciding question is the cause. Fallen plaster that exposes rusted reinforcement, a slab crack, or a bulge is a structural defect. What to do: (1) keep people away from the spot and photograph it; (2) give a written complaint so the Secretary inspects and reports to the committee (BL 46(a), 155(a); dBL 47(a)); (3) the committee may call an architect or structural engineer where the cause is unclear (dBL 47(c)); (4) the draft treats safety complaints as urgent — decided on priority, as far as practicable within 7 days (dBL 186(d)(ii)). If several flats show the same symptoms, the committee should bring forward the structural audit rather than patch flat by flat (BL 75(a); dBL 75(a)).

Question 4

There is dampness on the wall I share with my neighbour's bathroom, but he says his bathroom is fine. How is the source traced, and who pays for the testing?

Accepted Answer

The committee decides the source after inspecting both flats, and may appoint a plumber, architect or structural engineer to test. The testing is a society expense in the first instance; once the source is fixed, the repair falls on whoever is responsible, and the neighbour can answer with his own expert's report. The 2014 bye-laws let the Secretary, with a committee member, enter a flat on prior intimation to find which repairs are needed and whose they are (BL 46(a)); members must allow access and cooperate (BL 155(b)). Internal leakage from a toilet or sink is the flat holder's cost (BL 158(b)). The draft 2026 bye-laws set out the method: on a leakage complaint the committee inspects the affected flat, the suspected flat and common areas (dBL 47(a), 49(b)); it may appoint a licensed plumber, architect or structural engineer when the cause cannot be found by looking (dBL 47(c), 49(e)); it decides in writing whose repair it is (dBL 47(d)); a copy of the report is given to the member on request (dBL 47(e)); and the member held responsible may submit an independent expert's report before further action (dBL 47(h)). Typical tests are a ponding test of the bathroom floor, a pressure test of concealed pipes and moisture readings. Neither the bye-laws nor the Rules say who bears the test fee; many societies pay it from the repairs fund and recover it from the member found responsible under a general-body resolution. The neighbour must allow entry; a refusal is dealt with in repairs_structure-005.

Question 5

Monsoon seepage through the external wall has ruined my paint, wardrobe and a mattress. Does the society have to pay for my belongings too, or only repair the wall?

Accepted Answer

The bye-laws oblige the society to repair the external wall and rain-water leakage; they do not say the society must compensate for furniture or belongings. A claim for that loss is separate: it may be met by the building insurance if the policy covers it, or pursued before the Co-operative Court if the society was negligent after being told. External walls and all rain-water leakages are society repairs (BL 67(a) / 158(a)(xiii), (xiv)); the draft adds external plaster, painting and waterproof coating (dBL 45(b)(c)) and says the society must repair a leak that starts in the external wall within a reasonable time (dBL 49(c)). The draft also says that deciding who repairs does not affect anyone's right to seek compensation or any other remedy (dBL 49(i)). Practical steps: (1) report the seepage in writing and ask that it go on the next committee agenda; keep a dated photo record; (2) ask whether the society's policy covers damage to members' contents — most building policies cover the structure only, and a member's belongings need his own home-contents cover (BL 159(a) requires the society to insure the building); (3) interior repainting after the wall is fixed is ordinarily the member's, because internal finishes are on the member's side (dBL 46(b)(a)), unless the society's delay caused avoidable damage. A claim for loss caused by the society's failure to act is a dispute touching the business of the society (MCS Act s.91; the 2014 bye-laws' forum list names repairs and leakages as Co-operative Court matters). Consumer commissions have also heard such complaints.

Question 6

Can I enclose my balcony or flower bed with glass or a grill, or merge it into the room?

Accepted Answer

A safety grill that does not change the structure is usually allowed with the committee's written permission. Enclosing a balcony or merging it or a flower bed into a room changes the sanctioned plan and elevation; in Mumbai the building regulations say a balcony "shall not be enclosed". Such work needs the planning authority's approval, not only the society's, and without it is unauthorised. 2014 bye-laws: no addition or alteration in a flat without the committee's previous written permission (BL 45(a)-(b)); no structural change without the competent authority's permission (BL 45(c)); no construction or structural change beyond the sanctioned plan without the society's and the municipal authority's prior permission, with a charge of five times the monthly maintenance for each month the violation continues (BL 168(a)). Draft 2026 bye-laws: balconies, flower beds and attached terraces are maintained by the member (dBL 46(b)(h)), but work that alters the approved plan or elevation, the external façade, waterproofing or fire-safety systems needs the society's prior written permission and any approval required by law (dBL 48(b)); the application must carry drawings and, where relevant, a structural stability certificate (dBL 48(c)); the committee decides in writing within 30 days and gives reasons for a refusal (dBL 48(e)); unauthorised construction or extension is a serious (Category II) violation (dBL 177(a)(ii)). Planning rules decide the rest: Mumbai's DCPR 2034 permits balconies at each floor but says a balcony shall not be enclosed (Reg. 37(20)(i)); other cities follow the UDCPR or their own regulations. Ask an architect to check the sanctioned plan and the current regulations before applying, and do not start until both permissions are in hand. A grill fitted flush within the balcony, openable in an emergency, is the common compromise the committee can approve.

Question 7

A member has already enclosed his balcony and extended the room without permission. What should the committee do, step by step?

Accepted Answer

Record the work, serve a written notice to stop and restore, give a hearing, and report the unauthorised work to the municipal ward office. Under the 2014 bye-laws the society can levy five times the monthly maintenance for every month the violation continues; the draft 2026 bye-laws add restoration at the member's cost and a general-body-approved penalty. Steps: (1) the Secretary inspects with a committee member and records the work with dated photographs (BL 46(a); dBL 178(a)); (2) where structure or waterproofing may be affected, get a structural engineer's report (dBL 178(b)); (3) serve a notice naming the breach, directing the member to stop, restore and explain within a fixed period (dBL 178(c)); (4) because unauthorised construction falls within the municipal authority's jurisdiction, report it to the ward office — the 2014 forum list places unauthorised additions or alterations by a member with the municipal corporation, and the draft says the society shall promptly report such matters (dBL 178(d)); (5) levy the charge: five times the monthly maintenance per month, with retrospective effect for the period of violation (BL 168(a)), or under the draft a penalty the general body has approved, after a hearing, plus restoration costs and professional fees (dBL 179); (6) the society may restore or remove the work itself only where legally permissible and recover the cost as dues (dBL 178(f)); with imminent danger it can take protective steps at once (dBL 178(g)). Record each step in the minutes. Do not issue any certificate for sale or transfer that describes the flat as compliant while the violation stands. A dispute over the charge goes to the Co-operative Court under s.91.

Question 8

My neighbour's renovation has caused cracks in my walls and a leak in my ceiling. Who pays, and can the society stop his work?

Accepted Answer

The member who carries out the work is responsible for damage it causes to other flats and to common property and must restore it at his cost. The committee can inspect, direct him to stop work that endangers the building, and require repair; your own claim for damage is against him. The 2014 bye-laws require the committee's written permission for additions and alterations and forbid structural change without the competent authority's permission (BL 45); a member must keep his flat in good repair (BL 44). The draft 2026 bye-laws are explicit: every member is responsible for any damage caused to the building, common property or any other flat during his works and must restore it at his own cost or compensate the society or the affected member (dBL 48(g)); no member may do anything that causes leakage, vibration or danger to other flats (dBL 44(d)); and where there is imminent danger to life or structure the society may take protective measures without waiting for a notice period (dBL 178(g)). What to do: (1) report in writing at once with photographs, noting when the work started; (2) ask for a joint inspection and, for new cracks, a structural engineer's opinion on whether they are cosmetic or structural (dBL 47(c)); (3) the committee should require the member to pause hammering or demolition until the engineer reports; (4) if walls or columns were cut, report to the municipal ward office. Compensation for your interiors is a claim between you and the neighbour; if the society refuses to act the dispute goes to the Co-operative Court (s.91), and a civil claim for damages is also possible.

Question 9

What papers should a member attach to an application for a major alteration inside the flat, and what can the society ask for?

Accepted Answer

A written application describing the work, drawings of the existing and proposed layout, and — for anything touching structure, waterproofing or services — a structural engineer's stability certificate and any municipal permission needed. The committee may take its own expert's opinion and must decide in writing within 30 days under the draft 2026 bye-laws. The 2014 bye-laws require an application to the Secretary "giving all the required particulars" and the committee's written permission (BL 45(a)-(b)); structural changes need the competent authority's prior permission (BL 45(c)). The draft 2026 bye-laws list what goes with an application for work needing permission: plans, drawings, a structural stability certificate, specifications and other applicable documents (dBL 48(c)); the committee may obtain an architect's or structural engineer's opinion (dBL 48(d)); it must communicate its decision in writing within 30 days of a complete application and record reasons for any refusal (dBL 48(e)); permission may not be unreasonably withheld where the work complies with the law and bye-laws (dBL 48(f)). A good application pack: (1) description and schedule of work, with the contractor's name; (2) a copy of the sanctioned plan of the flat with the proposed change marked; (3) the engineer's certificate that no beam, column, slab or shear wall is touched; (4) for bathroom or kitchen relocation, the waterproofing method and confirmation that soil and waste stacks are not moved; (5) the undertaking to make good any damage (dBL 48(g)). Ordinary internal repairs — painting, tiles at the same place, replacing fittings at existing points — need no permission under the draft (dBL 48(a)).

Question 10

Can the society take a refundable deposit from a member before renovation and fix working hours for the contractor?

Accepted Answer

Neither the 2014 bye-laws, the 2026 Rules nor the draft 2026 bye-laws provide a renovation deposit, so one can be taken only if the general body has adopted it as a uniform policy, refunded after inspection. Reasonable working hours and debris rules are ordinary regulation of common areas and noise, and can be set by the committee or general body. The Rules let the general body approve other charges that do not contradict the Act and Rules (Rule 106C-12(1)(m)), but a refundable deposit is not a charge for a service, and no binding text authorises a renovation deposit as such. The draft 2026 bye-laws do let the society take a refundable security deposit approved by the general body for temporary use of common areas (dBL 181(b)(vi)); that supports the idea but is draft and not written for renovation. The safer route: a general-body resolution adopting a renovation policy that applies to every member alike — deposit amount by type of work, what it may be used for (damage to lift, lobby, common drainage), inspection on completion and refund within a fixed time, with accounts kept separately. Hours and conduct: the draft allows the society to regulate use of common areas and amenities by timings, safety norms and guidelines (dBL 171(c)), forbids nuisance and noise from works (dBL 48(a)(iv), 171(d)) and makes the member liable for damage from his works (dBL 48(g)). Common rules are: working hours on weekdays only, no drilling during afternoon rest hours, debris removed in bags the same day through the service lift or stairs, lift padding while material is carried, and the contractor's workers entered in the gate register. A deposit or condition that is arbitrary or applied to one member only can be challenged before the Co-operative Court (s.91); under the draft, permission may not be unreasonably withheld (dBL 48(f)).

Question 11

My engineer says I can remove a wall between two rooms if he designs a steel beam. Can the committee permit that on his certificate alone?

Accepted Answer

No. If the wall is load-bearing, or the work touches a beam, column or slab, it is a structural change and needs the competent authority's permission as well as the society's. An engineer's certificate supports the application; it does not replace the municipal approval. The 2014 bye-laws say plainly that no structural changes are permissible without the prior permission of the concerned competent authority (BL 45(c)) and forbid structural changes beyond the sanctioned plan without the society's and the municipal authority's permission (BL 168(a)). The draft 2026 bye-laws require the society's prior written permission and any approval required by law for any structural alteration or modification of structural members (dBL 48(b)), treat an alteration affecting structural stability as a serious violation (dBL 177(a)(i), (iii)), and say that nothing in the bye-laws dispenses with a permission required by law (dBL 48(h)). Framed buildings usually have non-load-bearing partition walls, but many older buildings in Maharashtra are load-bearing masonry, and some RCC buildings have shear walls. The committee should (1) obtain the member's engineer's report, (2) have its own structural engineer check it against the building's drawings and the latest structural audit (dBL 48(d)), and (3) grant permission only for non-structural work, or on production of the municipal approval for structural work. A committee that allows structural work without that approval exposes the society to municipal action and to claims from other members.

Question 12

The municipal corporation has declared our building C1 (dangerous) and served a notice to vacate. What happens now, and do members have to leave?

Accepted Answer

A C1 classification means the corporation considers the building unsafe to occupy and fit to be pulled down. The notice is issued under municipal law, not the MCS Act: the corporation can require the building to be pulled down, secured or repaired, and outside Mumbai the Commissioner can order it vacated and have occupants removed by the police. Members should treat it as a safety emergency: vacate as directed, and let the committee call an urgent general body to decide on challenge, temporary safety and reconstruction. Classification of dangerous buildings is municipal practice built on the municipal Acts. In Mumbai, every building must be examined by a structural engineer registered with the corporation and a structural stability certificate filed within one year of its thirtieth year and every ten years after, or earlier if the Commissioner directs; corrective repairs recommended must be done (MMC Act 1888 s.353B); and the Commissioner may by written notice require the owner or occupier to pull down, secure or repair a dangerous structure (s.354). Other corporations have the same certificate rule (Maharashtra Municipal Corporations Act 1949 s.265A) and the same notice power (s.264); in addition, the Commissioner may order a dangerous building vacated, have anyone who stays removed by the police, and must reinstate occupants when the notice is withdrawn (s.268). The C1 to C3 categories are not in the Acts; they come from the corporations' dangerous-building policies. The categories commonly used are C1 (dangerous, to be vacated and demolished), C2-A (major repairs with evacuation), C2-B (major repairs without evacuation) and C3 (minor repairs). The society's own duties run alongside: to keep the property in good condition (BL 154; dBL 147(a)), to act at once on a serious structural defect and inform the authority (dBL 164(d), 174(c)), and to have structural audits done on the bye-law cycle (BL 75; dBL 75(a)). What the committee should do: (1) circulate the notice to every member and occupant the same day; (2) call a special general meeting urgently; (3) decide whether to accept the finding or ask for review with a panel engineer's contrary report (repairs_structure-313); (4) arrange evacuation with the ward office — members keep their membership and their rights in the society's property while out of the building; (5) begin the reconstruction or redevelopment process under the s.79A directive (repairs_structure-101). Staying on in a C1 building is at the occupants' own risk and the corporation may remove them.

Question 13

Our building has been put in C2-B. What is the difference between C2-A and C2-B, and what must the society do?

Accepted Answer

Both mean major structural repairs are needed. C2-A buildings are repaired with the occupants moved out; C2-B buildings can be repaired while people stay in. The society must commission the repairs through a structural engineer, get the general body's approval of scope, cost and funding, and complete them in the time the municipal notice gives. The categories are municipal (see repairs_structure-310). Once a building is in C2, the bye-law route for major repairs applies: (1) appoint a qualified structural engineer with general-body approval — under the draft from at least three proposals with a comparative statement (dBL 148(a)-(b)); in an emergency the committee may appoint at once and take urgent protective measures, to be ratified by the next general body (dBL 148(e)); (2) place before the general body the audit or technical report, the proposed works, estimated cost, expected extension of the building's life, source of funds and method of execution (dBL 149(b)); (3) the general body approves scope, cost, funding and the contractor after tenders (BL 156(b)-(c); dBL 149(c)-(e)); (4) the committee signs the contract and supervises; the general body may form a works monitoring committee (dBL 149(f)-(g)); (5) on completion, the completion certificate, final expenditure and warranties go to the general body (dBL 149(i)). Funding usually comes from the sinking fund and a major repair fund levied by carpet area (Rule 106C-11(2), (4); 106C-12(4) item 11). Send the municipal corporation the engineer's compliance report once work is done so the classification is revised. For C2-A, members arrange their own temporary accommodation unless the general body decides otherwise.

Question 14

A few members refuse to vacate even though the building is declared dangerous. What can the committee do?

Accepted Answer

The power to evacuate a dangerous building lies with the municipal corporation (and the police assisting it), not with the society. The committee should put its warnings in writing, inform the corporation that occupants remain, and not cut services itself. Members who stay do so at their own risk. The society cannot use force or disconnect a member's water or power to make him leave; the bye-laws give the society no such power, and cutting essential supply to press a member is not permitted (defaulters_recovery-003). What the committee can do: (1) serve each remaining occupant a written notice enclosing the municipal notice and the structural report, stating the danger and that the society is not responsible for the consequences of staying; (2) record the refusal in the minutes; (3) inform the ward office and, where there is imminent danger, the fire brigade and police in writing, as the draft requires for serious structural risks (dBL 164(d), 174(c)); (4) take protective steps in common areas — barricading, propping advised by the engineer — which the draft allows without waiting for notice periods where life is at risk (dBL 148(e), 178(g)); (5) keep the general body informed and move ahead with the reconstruction decision by majority as the s.79A directive provides. A member who obstructs the general body's lawful decision can be taken to the Co-operative Court (s.91). Keep copies of every notice: they matter if an accident is later investigated. The statutory power sits with the corporation: under the Maharashtra Municipal Corporations Act 1949 the Commissioner may order a dangerous building vacated, no one may re-enter while the notice stands, and anyone who stays may be removed by the police (s.268(1)(c), (4)-(5)); in Mumbai the corporation acts under its dangerous-structure power (MMC Act 1888 s.354) and its dangerous-building policy.

Question 15

We believe the corporation's C1 classification is wrong and the building can be repaired. Can the society challenge it?

Accepted Answer

Yes, but on technical evidence. The usual route is a detailed report from a structural engineer on the corporation's panel and a request that the corporation refer the building to its technical review body. If that fails, the remedy lies in the courts under municipal law or the High Court — not the Registrar or the Co-operative Court. Classification is a municipal decision, so the MCS forums cannot overturn it. In Mumbai the corporation has for years referred disputed classifications to a Technical Advisory Committee of engineers; other corporations have similar review arrangements. Steps: (1) call an urgent general body and resolve to seek review — members must know that challenging means staying in a building the corporation calls unsafe; (2) commission a fresh audit with non-destructive tests (core samples, rebound hammer, carbonation, rebar corrosion) by a panel engineer (BL 75(b); dBL 75(a)); (3) submit it with a request for review within the notice period and ask for a hearing; (4) meanwhile follow the engineer's safety advice (propping, keeping people off weak balconies). Structural audit reports are permanent society records (dBL 138) — keep all versions. Be wary where a report seems written to force redevelopment or to prevent it; see repairs_structure-007. Legal proceedings against a municipal order need an advocate; time limits are short.

Question 16

The structural engineer says some columns need urgent propping. Can the committee order the work without waiting for a general body meeting?

Accepted Answer

Yes, for genuinely urgent protective work. The draft 2026 bye-laws let the committee appoint a professional immediately and take urgent protective measures in an emergency, reported to and ratified by the next general body. Otherwise the committee's own limit for one-time repair spending applies (₹1–5 lakh by size under the 2026 Rules). Under the 2026 Rules the committee may spend on repairs, once in a financial year, a one-time amount up to ₹1,00,000 (up to 25 members), ₹2,00,000 (26–50), ₹3,00,000 (51–100), ₹4,00,000 (101–1000) or ₹5,00,000 (above 1000) without the general body (Rule 106C-13(5)(b)); the 2014 bye-law limits were ₹25,000 / ₹50,000 / ₹1,00,000 (BL 156(a)). Above the limit general-body sanction is needed (BL 156(b)), except, under the draft, emergency repairs (dBL 147(f)); in an emergency affecting safety the committee may appoint a qualified professional at once and take urgent protective measures, reported to and ratified by the next general body (dBL 148(e)). Good practice: (1) get the engineer's written advice that the work is urgent and what it is; (2) pass a committee resolution recording the emergency; (3) take quick quotations, even if a full tender is not possible; (4) limit the work to temporary protection — propping, barricading, removing loose concrete — and leave permanent repairs for the general body; (5) inform members by notice and call the general body soon. Pay from the repairs and maintenance fund or sinking fund within their permitted uses (Rule 106C-11). The Rules' spending limits apply to every society from 22 Jun 2026, whichever bye-laws it has.

Question 17

For a big structural repair, which fund should the society use first — the sinking fund, the repairs fund or a new levy?

Accepted Answer

Routine work comes from the repairs and maintenance fund; heavy and structural repairs may use the sinking fund with the general body's approval; a major repair fund can be levied by carpet area when the existing funds are not enough. The general body decides the mix when it approves the work. The 2026 Rules define the funds: the sinking fund (at least 0.25% a year of each flat's construction cost) "shall be used for heavy repairs, as approved by the general body"; the repair and maintenance fund (at least 0.75% a year) covers routine recurring repairs; the major repair fund is collected "pro-rata on an area basis, as and when required, and decided by the general body" and used for significant repair work (Rule 106C-11(2)-(4)); it is shared by carpet area (Rule 106C-12(4) item 11(iii)). The 2014 bye-laws also set up these funds and their use (BL 13-14). The draft says repair expenditure is ordinarily met from the repairs fund, major repair fund, sinking fund or any other lawful source (dBL 147(h)) and requires the source of funds to be placed before the general body with the work (dBL 149(b)(v)). A practical order: (1) use the repairs fund for items that are really routine; (2) propose use of the sinking fund for the structural part, with the architect's certificate; (3) levy a major repair fund by carpet area for the balance, in instalments if needed; (4) a bank loan is possible within the borrowing limit (Rule 106C-10). Keep withdrawals traceable to the resolutions — auditors check this.

Question 18

I voted against the major repair levy. Do I still have to pay it, and what can the society do if I don't?

Accepted Answer

Yes. A levy passed by the general body in a properly called meeting binds every member, including those who voted against or stayed away. Unpaid amounts are society dues: they carry interest at the rate the general body fixed (not above 12% simple a year) and can be recovered through a Registrar's recovery certificate. The major repair fund is collected "as and when required, and decided by the general body", pro rata by carpet area (Rule 106C-11(4); 106C-12(4) item 11(iii)). Interest on defaulted charges is at the rate the general body fixes, not exceeding 12% simple interest a year (Rule 106C-12(4) item 6). For recovery the society may apply for a certificate under s.154B-29 in Form Y-6 with a ₹100 court fee; the application must include a certified copy of the resolution "approving the levy of charges or major repair funds", the resolution on interest, the member's ledger and the notice served (Rule 106C-14(1)-(2)). So the resolution must be clear: amount per square foot or per flat, instalments, due dates and interest. A member who thinks the levy was irregular — wrong basis, meeting not properly called, work not approved — must challenge the resolution before the Co-operative Court (s.91); withholding payment is not a remedy and makes him a defaulter, which affects his rights under the Act. See repairs_structure-013 for how the levy is shared.

Question 19

The chajja (sunshade) above my window is cracked and pieces are falling on the parking below. Is that my repair or the society's?

Accepted Answer

The society's. A chajja is part of the building's external structure and weather protection, which the society maintains. Because falling concrete endangers people, it should be treated as urgent: cordon off the area below and have the loose pieces removed at once. The 2014 list makes external walls and structural repairs society work (BL 67(a) / 158(a)(xiii)), and anything that is part of the structure falls on that side. The draft 2026 bye-laws name chajjas, canopies, sunshades and weather-protection structures expressly as the society's (dBL 45(b)(b)). The member only has to give access through his window or balcony (BL 46(b); dBL 50(b)). A chajja that a member added or extended himself, or one he enclosed into the room, is a different matter: he may be responsible for the damage his change caused (dBL 46(b)(j), 48(g)). What to do: (1) the guard or manager barricades the area below and moves vehicles; (2) the committee gets the loose concrete knocked off by a contractor with safety harness the same day; (3) the structural engineer advises repair or recasting — a repair within the committee's spending limit can proceed at once (Rule 106C-13(5)(b)); (4) if several chajjas show the same corrosion, bring it into the next structural audit and a planned façade repair. Under the draft, urgent safety complaints are to be dealt with on priority, as far as practicable within 7 days (dBL 186(d)(ii)).

Question 20

The flat above is rented out and the leak is from its bathroom. Should the society deal with the tenant or the owner?

Accepted Answer

With the owner-member. The bye-laws place repair duties on the member, and notices and recovery go to him. The tenant must allow access for inspection and repair, and the society may contact the tenant for access, but the cost and the obligation to repair stay with the member. Repairs not on the society's list are "carried out by the Members at their cost", and internal leakage from a toilet or sink is borne by the flat holder (BL 158(b)); notices to repair are served on the member (BL 46(c)). The draft says every member and occupant must permit inspection after reasonable notice (dBL 47(b)) and that the society may recover the cost of repairs it carries out from the member as society dues (dBL 49(g)). What the tenant pays the owner, and whether the owner can pass the cost on, is a matter of their leave-and-licence agreement, not the society's concern. Practical steps: (1) serve the notice on the member at his registered address and by email, with a copy to the occupant; (2) ask the occupant to give access on a fixed date, and note it if he refuses; (3) if the member does not act within the notice period, follow the default route in repairs_structure-005 (society repairs and recovers). The society's record of the tenant (tenants register, nominal membership where applicable) helps reach the occupant quickly.

Question 21

The leak is from the common soil pipe that runs through the duct next to my toilet. Who repairs it and how is access managed?

Accepted Answer

Common drainage lines, soil and waste stacks and service ducts are the society's to repair. Where the duct can only be reached from inside a flat, that member must give access; the society restores what it opens up, as far as practicable. Drainage lines and leakages "due to external common pipe line and drainage line" are society repairs (BL 67(a) / 158(a)(vi), (xiv)). The draft is precise: all common drainage lines, soil stacks, waste stacks, vent pipes and rainwater down-takes up to the point where a flat's own connection begins (dBL 45(b)(j)), and common ducts and service shafts with the services in them (dBL 45(b)(n)), are the society's; the member's side starts at the branch serving only his flat (dBL 46(b)(e)). Access: members must allow the society's workmen in after notice (BL 46(b); dBL 50(a)-(b)), and in an emergency such as flooding the society may enter without prior notice to the extent needed (dBL 50(e)). The society must take care to minimise damage and restore the affected portion as far as reasonably practicable, unless restoration is the member's own responsibility (dBL 50(f)). Where a member has boxed in the duct with tiles or a cabinet, reopening may be at his cost — the draft makes members responsible for their own additions (dBL 46(b)(j)). Record the joint inspection so that the split between the stack (society) and the branch (member) is clear if both leak (dBL 49(h)).

Question 22

The member above offers only chemical grouting of his bathroom joints, not full re-waterproofing. Can the committee insist on proper waterproofing?

Accepted Answer

The committee can require repairs "to the satisfaction of the architect approved by the Society" under the 2014 bye-laws, so it can reject a patch that its expert says will not stop the leak. The member may answer with his own expert's report under the draft 2026 bye-laws, and the committee then decides. Under the 2014 bye-laws the committee's notice calls upon the member to carry out the repairs "to the satisfaction of the architect approved by the Society, if any" within the time allowed; if he fails, the society may enter after notice, do the work and recover the cost (BL 46(c)). The draft 2026 bye-laws let the committee determine responsibility on an expert's report (dBL 47(c)-(d)), direct the member to do the repairs within a set period (dBL 47(g), 49(d)), and allow the member to submit an independent architect's or engineer's report before further action (dBL 47(h)). Internal waterproofing within the flat is the member's (dBL 46(b)(g)). Practical approach: ask the society's plumber or engineer to state in writing the minimum scope (grouting may be enough for a fresh hairline joint failure; old or failed membranes usually need the floor opened and relaid). Give the member the choice of method but fix the outcome: a ponding test passed and no dampness below for a stated period. If he chooses grouting and the leak continues, the notice process runs again and the society may carry out the fuller repair at his cost.

Question 23

Does the structural auditor need to enter every flat, and can a member refuse because he has just renovated?

Accepted Answer

The auditor may need to see inside flats, especially where columns, beams or slabs are hidden by finishes or where alterations were made. Members must allow reasonable access for inspection and structural audit; recent renovation is not a ground to refuse, though the auditor should avoid needless damage. Members must allow the Secretary and a committee member to enter on prior intimation to examine the flat (BL 46(a)) and must cooperate in inspection of the premises (BL 155(b)). The draft makes it explicit that access is owed for structural audit: every member shall permit reasonable access for inspection, maintenance, repairs, structural audit or compliance with statutory requirements (dBL 44(f), 50(a)). The audit is a statutory duty of the society on the bye-law cycle (BL 75; dBL 75(a)) and, in Mumbai, may be demanded by the corporation (MMC Act s.353B). Good practice: (1) give each member a written schedule with dates, names of the auditor's team and what they will do; (2) the auditor uses visual inspection and non-destructive tests first; any core or chipping inside a flat is agreed with the member and made good by the society (dBL 50(f)); (3) record refusals in writing — an audit that could not see part of the building should say so, because unseen alterations are often the cause of distress. A member who refuses can be served a notice, and the dispute can go to the Co-operative Court (s.91).

Question 24

The painting and repair contractor finished six months ago and the walls are leaking again. What protection should the contract have given, and what can we do now?

Accepted Answer

A repair contract should carry a defect liability period, retention money held back until it ends, and written warranties for waterproofing. If yours does, notify the contractor in writing and use the retention. If not, the remedy is the contract itself — often arbitration under the clause the bye-laws require — or a civil claim. The 2014 bye-laws require contracts with the architect and contractor to provide for disputes to be referred to a sole arbitrator appointed by the society (BL 156(j)). The draft 2026 bye-laws make the committee place before the general body, on completion, the completion certificate, the final statement of expenditure, deviations, warranties and guarantees received, and the contractor's defect liability obligations (dBL 149(i)), and require stage-wise progress reports and completion certificates to be open to members (dBL 149(h)); the professional certifies stage-wise and final completion (dBL 148(f)(vi)). What to do now: (1) have the society's architect inspect and record whether the failure is workmanship or a new cause; (2) serve a written notice on the contractor under the contract's defect clause, with a date to start rectification; (3) if retention money or a bank guarantee is held, withhold release; (4) if the contractor does not respond, invoke arbitration or file a claim. For the future: 5–10% retention for 12 months or one monsoon, a manufacturer's warranty for membranes, and payment only against the architect's stage certificates. Contracts, tenders and work orders are kept for 10 years (dBL 138).

Question 25

On repairs, what actually changed between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2026 Rules raised the committee's repair spending limits (to ₹1–5 lakh by size) and moved the major repair fund and insurance to carpet area; they bind every society from 22 Jun 2026. The draft 2026 bye-laws keep the 2014 split of society and member repairs but spell it out in detail and add procedures, timelines and penalties. Until the new bye-laws are adopted, the 2014 bye-laws apply where the Rules are silent. 2014 bye-laws: society list (BL 67(a) / 158(a)) and member remainder (BL 158(b)); inspection and notices (BL 46); committee limits ₹25,000 / ₹50,000 / ₹1,00,000 (BL 156(a)); tenders above a general-body limit (BL 156(c)); structural audit every 5 years (15–30-year-old buildings) or 3 years (over 30) (BL 75); unauthorised construction 5x maintenance per month (BL 168(a)). 2026 Rules (Chapter XI-B): committee one-time repair spending ₹1 lakh (≤25 members), ₹2 lakh (26–50), ₹3 lakh (51–100), ₹4 lakh (101–1000), ₹5 lakh (above 1000) (Rule 106C-13(5)(b)); sinking fund ≥0.25% and repair fund ≥0.75% of construction cost; major repair fund pro rata by carpet area (Rule 106C-11, 106C-12(4)); recovery of major repair levies by certificate (Rule 106C-14). Draft 2026 bye-laws: detailed society list including structure, façade, chajjas, ducts, fire systems (dBL 45) and member list including balconies and internal waterproofing (dBL 46); written determination with expert and member's counter-report (dBL 47); permission regime with a 30-day decision and exempt minor works (dBL 48); leakage procedure (dBL 49); access and emergency entry (dBL 50); architect selection from three proposals and major-repair procedure (dBL 148-149); Category II violations and penalties (dBL 177-179); urgent complaints within 7 days (dBL 186). The draft may change before adoption.

Question 26

To stop terrace leaks, some members want a tin or polycarbonate shed over the whole terrace. Can the society just build it?

Accepted Answer

Not without checking two things: whether the planning authority allows it without permission, and whether the general body approves the cost. A permanent roof over a terrace can count as unauthorised construction, may block fire escape and refuge areas, and adds load. Proper re-waterproofing is the ordinary remedy. Terrace waterproofing and rain-water leakage are society repairs (BL 158(a)(ix), (xiv); dBL 45(b)(b), (p)). But the bye-laws also bar construction beyond the sanctioned plan without the society's and the municipal authority's permission (BL 168(a)) and the draft forbids any act affecting structural stability, fire safety, emergency access or refuge areas (dBL 174(a)-(b)). Many corporations treat a light monsoon shed differently from a permanent structure, and some allow a temporary shed for the monsoon on conditions — check with the ward office before ordering. Steps: (1) have the society's engineer assess the terrace — often failed waterproofing, choked outlets and cracked parapet copings are the real cause; (2) compare costs of re-waterproofing against a shed (with its permission, structural check and fire clearance); (3) take the choice to the general body if the cost exceeds the committee's limit (Rule 106C-13(5)(b)); (4) whichever is chosen, keep the terrace access and any refuge area clear. A shed built without permission risks demolition notices and penalties borne by all members.

Question 27

What is the difference between reconstruction and redevelopment, and who decides which one our society goes for?

Accepted Answer

Reconstruction means the society rebuilds or strengthens its own building, broadly as it was, and pays for it from its funds and members' contributions. Redevelopment means demolishing and rebuilding with extra development potential, through a developer or as self-redevelopment, under the s.79A directive of 4 Jul 2019. The general body decides in both cases, and each has its own procedure. Under the 2014 bye-laws the sinking fund may be used, on a general-body resolution, to reconstruct the building, to make structural additions or alterations the architect certifies as needed to strengthen it, or for heavy repairs the architect certifies (BL 14(c)). From 22 Jun 2026 Rule 106C-11(2) says the sinking fund is for heavy repairs approved by the general body. Reconstruction or major structural repair follows the works procedure. The work rests on a structural audit or technical report. The general body sees the scope, the estimated cost, the expected extension of the building's life, the source of funds and the method of execution. It then approves the work and the contractor (dBL 148-149; BL 156 for tenders). Redevelopment follows the 2019 directive. Members holding at least one-fifth of the membership requisition it. The special general meeting needs a quorum of two-thirds, and the decision needs 51 % of the total membership. A PMC is chosen from at least three quotations, tenders are invited, and the Registrar's authorised officer attends the selection meeting (see redevelopment-001). The draft 2026 bye-laws ask the society to compare the options first. The comparison covers repair against redevelopment, and self-redevelopment against a developer, in a feasibility report placed before the general body (dBL 152, 156). Members can ask for that comparison before any vote.

Question 28

The society (or my neighbour) will not fix a leak into my flat. Where do I complain — the committee, the Co-operative Court or the ward office?

Accepted Answer

Start with a written complaint to the society. The committee must inspect, decide whose repair it is and act. If it does not, or the neighbour ignores the committee, a dispute about repairs or leakage with the society or another member goes to the Co-operative Court under s.91. The municipal ward office handles unauthorised alterations and dangerous buildings, not ordinary repair disputes. Step 1, the society. Under the 2014 bye-laws the society repairs leakages from the terrace, external walls and common lines, and the member repairs internal leakage from his toilet or sink (BL 67(a)(xiv), (xvii), 67(b)). The Secretary inspects and reports to the committee (BL 46(a)). A written complaint is decided at the committee meeting and the decision is sent to the member (BL 171-174). The draft 2026 bye-laws set clocks: acknowledgement within 3 days, the next committee meeting, a reasoned decision sent within 15 days, and urgent leakage matters within about 7 days (dBL 185-186). The committee may appoint an engineer when the source is unclear (dBL 49(e)). Step 2, escalation. The draft bye-laws list disputes about repairs, major repairs and leakages among Co-operative Court matters (dBL 190(B)(iii)). The Deputy Registrar cannot fix liability for a leak (see disputes_forums-003), but can act on non-supply of records or a committee that does not meet. The ward office deals with unauthorised construction, change of user and structural danger (dBL 190(D)). For compensation claims or urgent relief, consult an advocate.

Question 29

A company wants to put a mobile tower or a hoarding on our terrace for rent. Who can allow it?

Accepted Answer

The committee may allow advertisement boards on any part of the building, including the terrace, only with the local authority's permission where needed and on terms the general body approves. A mobile tower is a bigger decision, affecting the structure, members' use of the terrace and safety. Put it to the general body with a structural engineer's report and the municipal permissions. The rent is the society's income, and taxable. BL 169 (2014): the committee "may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting". BL 168 bars the society from letting out or licensing the terrace, open spaces or common areas to anyone "for any purpose whatsoever". A long lease of terrace space for a tower sits uneasily with that bar. Any such arrangement therefore needs a clear general-body resolution and legal advice on its form. Before deciding: - a structural engineer's certificate on the extra load (the draft 2026 bye-laws require a technical expert
  for structural works, dBL 148);
- the municipal and other permissions the operator must obtain; - insurance and indemnity from the operator; - access and safety arrangements, so that terrace waterproofing and members' access are not compromised; - a term, rent escalation and removal clause, approved by the general body. Income from non-members, such as tower or hoarding rent, is taxable and may attract GST and TDS questions (see tax_gst-007). Members who object on health or safety grounds can raise it at the general meeting. A dispute about the resolution goes to the Co-operative Court.

Question 30

Water is leaking into my flat from the bathroom of the flat above. Who has to pay for the repair?

Accepted Answer

A leak that starts in another member's internal plumbing, toilet, sink or bathroom waterproofing is that member's cost, not the society's. The society's job is to inspect, fix responsibility and make the member above carry out the repair — and it can do the work itself and recover the cost if he refuses. The 2014 bye-laws split repairs into a society list (BL 67(a) / 158(a)) and everything else, which members do at their own cost (BL 67(b) / 158(b)); the bye-law says in terms that the cost of internal leakage from a toilet, sink and the like is borne by the flat holder concerned, with intimation to the society. The Secretary (with a committee member) may enter a flat on prior intimation to examine it and report which repairs are the society's and which the member's (BL 46(a)). For member-cost repairs the committee serves a notice fixing a period; if the member does not comply, the Secretary or the society's architect may enter after due notice, have the work done and recover the amount from that member (BL 46(c)). The draft 2026 bye-laws keep this split and add a procedure: complaint → inspection (with an architect, structural engineer or licensed plumber where needed) → written determination → notice to the responsible member; the member may answer with an independent expert's report; if he still fails, the society repairs and recovers the actual cost as society dues after a hearing, and may act without notice in an emergency (dBL 47, 49, 50). Where both the society's part and the member's part contribute, each repairs its own portion (dBL 49(h)). What to do: complain in writing to the Secretary and ask for an inspection; keep photographs and the inspection report. The damage to your own interiors is a separate claim against the member above. A dispute between members or with the society over leakage repairs is a matter for the Co-operative Court under s.91 (the 2014 bye-laws' annexure lists "repairs … internal repairs, leakages" there); a nuisance that the society will not address can also be reported to the municipal ward office.

Question 31

Rainwater is leaking through the terrace into my top-floor flat and has damaged the ceiling. Does the society pay?

Accepted Answer

Yes. Terrace and parapet walls, structural repairs of roofs and rain-water leakage are on the society's list, and the bye-laws expressly add the damaged ceiling and plaster of top-floor flats caused by terrace leakage. The cost is the society's, shared by all members through the repair funds. BL 67(a) / 158(a) makes the society responsible, at its cost, for (among others) terrace and parapet walls, structural repairs of the roofs of all flats, all leakages due to rain water, and "the damaged ceiling and plaster thereon in the top floor flats" caused by rain water leaking through the terrace. The draft 2026 bye-laws say the same in wider words — roof slabs, terraces and terrace waterproofing are the society's (dBL 45(b)), and a leak that originates from the terrace or waterproofing must be repaired by the society within a reasonable time (dBL 49(c)). The top-floor member cannot be asked to pay more than his normal share merely because he suffers the leak. If the society delays, the member should give a written complaint and ask for it to be placed before the committee; under the draft, urgent matters such as leakage must be decided within 7 days (dBL 186). If the committee still does nothing, the dispute can go to the Co-operative Court under s.91; members have also taken such claims to consumer commissions. A member who pays for the repair himself to prevent damage should keep the bills and prior notice to the society before claiming reimbursement. If the terrace is a private terrace attached to one flat, see repairs_structure-003.

Question 32

I own a flat with a private (attached) terrace. Who pays for its waterproofing, and can the society restrict my use of it?

Accepted Answer

The finishes and fittings of an attached terrace are the member's to maintain, but its structure and waterproofing that protect the building stay with the society under the draft 2026 bye-laws. Use of a terrace sold with the flat under the purchase agreement is governed by that agreement; the society cannot let out common terraces at all. Under the draft 2026 bye-laws a member maintains "balconies, flower beds, utility areas, attached terraces and other exclusive appurtenant areas, including their internal finishes and fixtures, except structural members and waterproofing specifically maintained by the Society" (dBL 46(b)(viii)), while the society maintains terrace waterproofing and structural components (dBL 45(b)). The 2014 bye-laws do not separate attached terraces: they put terraces and rain-water leakage on the society's list (BL 67(a) / 158(a)) and leave "all other repairs" to members, so societies differ in practice. Common terraces are different: the society may not let out, license or permit sub-letting of open space under staircases, terraces or open spaces (BL 168), but the committee may allow temporary use of the terrace on terms approved by the general body (BL 169). Whether a terrace is private depends on the registered agreement for sale and the sanctioned plan, not on who has been using it. Because the answer turns on the purchase documents and the society's registered bye-laws, a disputed case goes to the Co-operative Court (s.91) or, for title questions, the civil court.

Question 33

Who repairs cracks and seepage in the external walls of the building — the society or the flat owner whose wall it is?

Accepted Answer

The society. External walls, external plaster and painting and water leakage through them are society repairs paid from the common funds, even though the wall encloses one member's flat. External walls of the building and all leakages including rain water are on the society's list (BL 67(a)(xiii), (xiv) / 158(a)). The draft 2026 bye-laws list external walls, external plaster, external painting, cladding, façade treatment and waterproof coating, chajjas and sunshades as society items (dBL 45(b)(ii)-(iii)). The member is responsible for internal plaster and finishes and for any damage caused by his own works — for example if he drilled or cut into the external wall for an air-conditioner or a window change (dBL 46(b)(ix), 48(g)). Large façade repairs usually exceed the committee's spending limit and need general-body approval and a tender (see repairs_structure-009).

Question 34

The member above refuses to let the society or a plumber inspect his flat to trace a leak. What can be done?

Accepted Answer

Members must allow inspection on notice. If he refuses without good reason, the society may enter under the bye-laws to do its own repairs, and for his repairs it can serve notice, do the work and recover the cost. Persistent refusal can be taken to the Co-operative Court. Under the 2014 bye-laws every member must let the Secretary and a committee member enter, with prior intimation, to examine the flat (BL 46(a)); members must allow access and co-operate in inspections (BL 155(b)). If a member refuses access for society repairs without reasonable and convincing reasons, the Secretary may enter and carry out the work under supervision (BL 46(b)); for member-cost repairs the society may, after the notice period and due notice, enter, carry out the repair and recover the cost (BL 46(c)). The draft 2026 bye-laws require access on reasonable notice for inspection, repairs, structural audit and statutory compliance, allow entry without notice in an emergency (danger to life or property, flooding, leakage), and let the society recover the actual cost as society dues after a hearing (dBL 44(f), 47(b), 50(a),(d),(e)). Practical steps: written notice with a date and time; minute the refusal; a second notice; then the committee's resolution to act. Forcible entry is not advisable without that paper trail; where the member physically resists, the society's remedy is the Co-operative Court (s.91), which can order access.

Question 35

How often must a housing society get a structural audit done, and who can do it?

Accepted Answer

Every 5 years for a building aged 15–30 years and every 3 years once it is older than 30 years. In a municipal corporation area the auditor must be an engineer on that corporation's panel; elsewhere a Government-approved structural engineer or architect. The report goes to the general body. BL 75(a)-(b) fixes the cycle (15–30 years: once in 5 years; over 30 years: once in 3 years) and who may do it, and requires the society to keep a record — the Structural and Fire Audit Register (BL 140). The draft 2026 bye-laws keep the same cycle but add that the committee appoints the engineer with the general body's prior approval, the report is placed before the general body, and the general body decides the repairs, which the committee then carries out (dBL 75(a)); structural-audit reports are permanent records. Municipal law may impose its own duty as well — for example the Mumbai municipal law requires owners or occupiers of buildings over 30 years old to submit a structural stability certificate when the corporation calls for it; check the local municipal rules. Fire audit and lift inspection are separate duties (BL 75(c)-(d); see safety_fire_lift).

Question 36

We think the structural audit report is wrong or has been written to push the society into redevelopment. Can it be challenged?

Accepted Answer

Yes. The general body can commission a second opinion from another qualified engineer, and in municipal areas a disputed report on a building declared dangerous can be referred to the corporation's technical advisory committee. The society, not a single member, usually makes that reference. The bye-laws do not make the first report binding: under the draft 2026 bye-laws the report is placed before the general body, which decides what repairs or measures to take (dBL 75(a)), and major or structural repairs are decided on a structural audit or technical report with the scope, cost, extension of life and source of funds put to the general body (dBL 149). A report recommending redevelopment is only one input — under the 2026 draft a feasibility report comparing repair, redevelopment and self-redevelopment must precede any decision (dBL 156). Where a municipal corporation has classified the building as dangerous on such a report, municipal corporations in Maharashtra (Mumbai among them) have a Technical Advisory Committee to which a disputed classification can be referred; the procedure, fees and time limits are set by the corporation's own circulars. Members who suspect a report is biased can also ask for inspection of the auditor's appointment record and the report (s.32; see accounts_audit-001) and raise the matter at the general body.

Question 37

Do I need the society's permission to renovate my flat — change tiles, move a kitchen, or knock down a wall?

Accepted Answer

Under the 2014 bye-laws every addition or alteration needs the committee's prior written permission, and any structural change also needs the municipal authority's permission. The draft 2026 bye-laws exempt ordinary internal repairs but keep prior permission for anything structural or touching common services. 2014 regime: no member may make additions or alterations in his flat without the committee's previous written permission, applied for through the Secretary (BL 45(a)-(b)), and no structural change is allowed without the prior permission of the competent authority (BL 45(c)). Applications are acknowledged and deficiencies pointed out within 15 days (BL 62). Draft 2026: ordinary internal repairs (painting, replacing tiles or fittings at the same place, replacing doors, windows and switches) need no permission if they do not affect the structure, common areas, waterproofing, façade, fire systems or other flats (dBL 48(a)). Work involving structural members, the approved plan or elevation, common areas or services, waterproofing or the façade needs the society's prior written permission and any statutory approval, with plans and a structural stability certificate where relevant; the committee may take an engineer's opinion, must decide within 30 days of a complete application, must record reasons for a refusal, and may not unreasonably withhold permission (dBL 48(b)-(f)). The member is liable to restore any damage caused (dBL 48(g)). Removing or cutting a beam, column or load-bearing wall is never a society decision alone — it needs municipal approval. Unauthorised structural work can attract municipal action and s.91 proceedings by the society; a penalty for breach of bye-laws is capped at ₹5,000 per member per year (BL 164).

Question 38

How much can the managing committee spend on repairs without asking the general body?

Accepted Answer

Since 22 June 2026 the MCS Rules allow a one-time repair spend per financial year of up to ₹1 lakh (≤25 members), ₹2 lakh (26–50), ₹3 lakh (51–100), ₹4 lakh (101–1,000) or ₹5 lakh (over 1,000). Above that the general body must approve first. The old 2014 bye-law limits (₹25,000/₹50,000/₹1 lakh) are superseded. Rule 106C-13(5)(b) of the MCS Rules (inserted June 2026) sets the committee's competence to incur repair and maintenance expenditure "once in a financial year" by society size; it binds every housing society whatever bye-laws it has, so it replaces BL 156(a). Beyond the limit the general body's prior sanction is required (BL 156(b); dBL 147(f), which exempts genuine emergency repairs). The general body also fixes the amount above which tenders must be invited; above it the committee invites tenders, places them before the general body and contracts only after approval (BL 156(c),(i); dBL 147(g), 149(d)-(e)). Repairs are paid from the Repairs and Maintenance Fund, Major Repair Fund, Sinking Fund or another approved source (dBL 147(h)). Splitting one job into several bills to stay under the limit defeats the rule and is an audit objection.

Question 39

What is the proper procedure for a major repair or painting job — do we need an architect, tenders and GB approval?

Accepted Answer

For major or structural work: appoint an architect or structural engineer with general-body approval (normally from three proposals), get a report and estimate, take the scope, cost and funding to the general body, invite tenders above the GB's threshold, have the general body approve the contractor, then contract and supervise. 2014 bye-laws: the committee acts on the Secretary's inspection report (BL 155(a)); above its spending limit it needs general-body sanction; above the GB-fixed tender limit it invites tenders, opens them at a committee meeting, reports with the architect's advice, obtains general-body approval and contracts; contracts must carry a sole-arbitrator clause (BL 156(b)-(j), 157). Draft 2026 bye-laws add: a qualified architect/structural engineer appointed with GB approval after ordinarily obtaining proposals from at least three professionals, with a written scope, fees and schedule (dBL 148); the GB approves scope, estimated cost, expected extension of the building's life, source of funds and method of execution; a fair, transparent and competitive tender with a comparative statement; GB approval of the contractor; an optional Works Monitoring Committee; all reports, tenders, work orders and completion certificates open to members; and on completion the final cost, deviations, warranties and defect-liability terms placed before the GB (dBL 149). Emergency protective work may be done first and ratified at the next GB (dBL 148(e)). Contractor payments attract TDS (see tax_gst). Keep every document — they are 10-year records (dBL 138).

Question 40

Which repairs are the society's and which are mine? Is there a list?

Accepted Answer

Yes. The society repairs structure, roofs and terraces, external walls, staircases, lifts, tanks, pumps, common pipelines and drains, electric lines up to the main switch of each flat, security systems and common amenities. Everything inside the flat beyond the common supply point — plaster, flooring, fittings, internal plumbing and wiring — is the member's. The 2014 list (BL 67(a) / 158(a)) covers internal roads, compound walls, external water pipelines, pumps, tanks, drainage and septic tanks, staircases, terrace and parapet walls, structural roof repairs, stair and street lights, external walls, all rain-water and common-pipeline leakage, electric lines up to the main switches in the flats, lifts, top-floor ceiling damage from terrace leaks, generators, CCTV and intercom, rain-water harvesting, sewerage and water treatment, common amenities, common parking, solar devices, garden, community hall and the society's Wi-Fi. All other repairs are the member's (BL 67(b) / 158(b)). The draft 2026 bye-laws give a longer society list (dBL 45(b): structural members, terraces and waterproofing, façade, lifts, tanks and pumps, common pipelines "up to the point from where the exclusive internal pipeline … commences", electrical up to each flat's supply point, fire systems, intercom/CCTV/boom barriers, shafts and expansion joints, parking decks, garbage rooms) and an equally explicit member list (dBL 46(b): internal finishes, doors and windows, internal wiring and plumbing, sanitary fittings, internal waterproofing, attached balconies and terraces' finishes, AC units and other equipment the member installed, and all the member's own alterations). Mixed cases are decided after inspection, on an expert's opinion if needed (dBL 45(c)).

Question 41

The society has collected money for repairs recommended in the structural audit but is sitting on it in fixed deposits. Can members force the work?

Accepted Answer

The committee is bound to maintain the building and carry out the repairs the general body approved; delaying safety repairs is a breach of its duty. Members can requisition a special general body meeting, complain to the Registrar, or take a s.91 dispute to the Co-operative Court. It is the committee's responsibility to keep the property in good condition at all times (BL 154) and to ensure timely repairs (Rule 106C-13(2)(a), (5)(a)); the general body is supreme and its decisions bind the committee (Rule 106C-13(3)(a)). Money collected for a specific purpose must be used for that purpose (dBL 19; see funds_investments-004). Options for members: (1) a written requisition by at least one-fifth of members obliges the committee to call a special general body meeting within one month (BL 95); (2) a complaint to the Registrar, who can issue directions to a housing society (s.154B-21) or order an inquiry — on the application of one-third of members an inquiry under s.83 is mandatory; (3) a dispute under s.91 about repairs (listed as a Co-operative Court matter in the 2014 bye-laws' annexure); (4) if the building is unsafe, informing the municipal corporation.

Question 42

Can the society charge members extra for a big repair job, and on what basis — equally per flat or by area?

Accepted Answer

Yes, through the Major Repair Fund, which the general body levies as and when needed. Since June 2026 it is apportioned on each flat's carpet area. Routine repairs come from the Repair and Maintenance Fund, collected at not less than 0.75 % a year of each flat's construction cost. The general body decides a Major Repair Fund "as and when required", pro-rata on area (BL 13(b); Rule 106C-11(4)); the June 2026 Rules fix the basis as the carpet area of each flat (Rule 106C-12(4) item 11(iii)). Lift repairs and replacement are shared equally among the flats of the building served (Rule 106C-12(4) item 4). A special levy needs a proper general-body resolution: the recovery procedure for unpaid dues specifically asks for a certified copy of the resolution approving the levy or major repair charge (Rule 106C-14). A member cannot refuse to pay because he does not benefit directly (for example a ground-floor member and the terrace waterproofing).

Repairs, leakage & structureदुरुस्ती, गळती व इमारत