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Understanding
the nomenclature, ways that and restrictions in mistreatment them, build areas
like terrace and open areas well used.
Terrace and Open Space:
Open
Terrace: suggests that terraces that are otherwise not within the exclusive
possession of any of the member.
Open space:
suggests that a region, forming an integral a paret of the location left
receptive sky.
Generally
Water tanks, Societies workplace, Lift rooms etc., are on the terrace,
however, builder with a motive of profit construct terrace flat.The
aforementioned terraces flats are sold by the builders to promoters United
Nations agency have a wrong impression that they're the homeowners of the open area
adjacent to their flat.The open area adjacent to the terrace is that the
property of the society.The member doesn't have a right the terrace and it's
the society that invariably owns the terrace and might use the open area
keeping seeable the interest of all the members of the society.Even in
Municipal Corporation records constant is shown as open area.
Permission to be used of terrace or
open area of the society:
The
provisions beneath the Bye- laws No. 171, the open area adjacent to the terrace
is that the property of the society. On written application by any member of
the society the Committee could enable temporary use of the terrace or offered
open area of the societies building, for any perform,subject to such
restrictions and on payment of such charges to the society because the meeting
of the overall Body of the society could decide. Committee could, with the
previous permission of the bureau,if needed, enable exhibition of advertizing boards
on any a paret of the building as well as terrace, on such terms and conditions
as are approved by the overall Body Meeting.
Restriction to be used of open area
of the society:
The
provisions beneath the Bye- laws No. 170, there are restrictions that the
Society shall not released or provide inactive and license basis or allow any
subletting, giving inactive and license basis any open area offered beneath the
stairway or to someone whether or not the member of the society or not, for any
purpose some.
Repair of Terrace:
The society
is that the owner of the property and it's the responsibility of the society to
repair the terrace. it should be emphasized that members residing on the
highest floor have a typical criticism of run from the terrace.The members
residing on the highest floor cannot insist for golf shot up tiles on the
terrace. The society relying upon its money position could even place tare on
the terrace.
The
provisions beneath the Bye- laws No. 160, the broken ceiling and plaster on it
within the high floor flats, on account of the run of the rain water through
the terrace the Society is accountable to hold out the repairs by the
societies' price.
The
provisions beneath the Bye- laws variety a hundred and sixty, the broken
ceiling and plaster on it within the high floor flats, on account of the run of
the rain water through the terrace the society is accountable to hold out the
repairs by the societies price and can't expect from the owner of the flat.
The member
United Nations agency is residing on high floor and there's run at roof of the flat and, therefore, pressing repairs to be endeavor by member. On completion
of the repair the member will claim compensation of an quantity with interest
for the repairs of the terrace still because the parapet walls.
It is necessary
that the member claiming for compensation of repairs to the roof of his flat
and to not the terrace. It’s the responsibility of the society to seek out
whether or not the run is thru any flat or through terrace. within the judgment
delivered by the Mumbai judicature within the case of Humble Home Co-op. Soc.Ltd.,has command that the Society is accountable to compensation of the number
with the interest for the pressing repairs of the terrace and therefore the walls
to the member United Nations agency undertook the repair and additionally
command that the claim of possession of the terrace higher than the roof is
orthogonal.
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