We own a road-facing commercial shop in Andheri, Mumbai. Above our premises, there is a privately owned terrace flat. We have been facing leakage issues for a couple of years and got some civil and waterproofing work done 3 years earlier at our expense on the flat owner’s terrace. However, the flat owner gave us permission to do the same with extreme difficulty and after months of letter-writing to both society and the flat owner. The leakage issue has reduced but still not been entirely resolved. We now want to put a tarpaulin on the railing and parapet wall of the terrace and not any usable space of his terrace. However, the owner is not giving us permission. I wanted to understand
- if the society is obligated to help us out by insisting that the owner cooperate.
- Is the terrace legally allowed to be owned by the flat resident or does it belong to the building?
- the owner has a shed with polycarbonate sheets and metal framework on half of his terrace, which does not cover our premises. Is this legally allowed after the rains?
- Is there any website where I can read these rules and regulations with respect to the society byelaws.
The owner is extremely non-cooperative and the leakage damage affects our sales directly during the monsoons.
Thank you in advance for all your help.
Regards,
Shriya