Understanding the terminology,ways and restrictions in using them, make areas like
terrace and open spaces well utilized.
Terrace
and Open Space:
Open
Terrace: means terraces which are otherwise not in the exclusive possession
of any of the member.
Open
space: means an area, forming an integral part of the site left
open to sky.
Generally Water tanks, Societies Office, Lift rooms etc.,
are on the terrace, however, builder with a motive of profit construct terrace flat.
The said terrace flats are sold by the builders to promoters who have a wrong impression
that they are the owners of the open space adjacent to their flat. The open space
adjacent to the terrace is the property of the society. The member does not have
a right on the terrace and it is the society which always owns the terrace and
can use the open space keeping in view the overall interest of all the members
of the society. Even in Municipal Corporation records the same is shown as open
space.
Permission
for use of terrace or open space of the society:
The provisions under the Bye- laws No. 171, the open space
adjacent to the terrace is the property of the society. On written application
by any member of the society the Committee may allow temporary use of the terrace or available open space of the societies building, for any function, subject
to such restrictions and on payment of such charges to the society as the meeting
of the General Body of the society may decide. 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.
Restriction
for use of open space of the society:
The provisions under the Bye- laws No. 170, there are
restrictions that the Society shall not let out or give on leave and license basis
or permit any subletting, giving on leave and license basis any open space available
under the staircase or to any person whether the member of the society or not, for
any purpose whatsoever.
Repair of Terrace:
The society is the owner of the property and it is the responsibility
of the society to repair the terrace. It may be emphasized that members residing
on the top floor have a common complaint of leakage from the terrace. The
members residing on the top floor cannot insist for putting up tiles on the
terrace. The society depending upon its financial position may even put tar on
the terrace.
The provisions under the Bye- laws No. 160, the damaged
ceiling and plaster thereon in the top floor flats, on account of the leakage
of the rain water through the terrace the Society is responsible to carry out
the repairs by the societies' cost.
The provisions under the Bye- laws number 160, the
damaged ceiling and plaster thereon in the top floor flats, on account of the
leakage of the rain water through the terrace the society is responsible to
carry out the repairs by the societies cost and cannot expect from the owner of the flat.
The member who is residing on top floor and there is
leakage at roof of the flat and, therefore, urgent repairs to be undertaking by
member. On completion of the repair the member can claim reimbursement of an
amount with interest for the repairs of the terrace as well as the parapet walls.
It is necessary that the member claiming for reimbursement of repairs to the roof of his flat and not to the terrace. It is
the responsibility of the society to find out whether the leakage is through
any flat or through terrace. In the judgment delivered by the Bombay High Court
in the case of Humble Home Co-op. Soc. Ltd., has held that the Society is responsible
to reimbursement of the amount with the interest for the urgent repairs of the
terrace and the
parapet walls to the member who undertook the repair and also held that the claim of ownership of the terrace above the roof is irrelevant.
parapet walls to the member who undertook the repair and also held that the claim of ownership of the terrace above the roof is irrelevant.
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