External wall repair work to be done by owner or society

711 votes

In a situation where external repairs become necessary because of tree growth outside a balcony, the legal position under the Maharashtra Co-operative Societies Act and Model Bye-Laws is very clear any structural, external, or common-area maintenance that affects the building facade, external walls, outer surfaces of balconies, or any area beyond the exclusive possession of the flat owner is the responsibility of the housing society, not the individual member. The member is obligated only for internal repairs within the flat. Tree growth, roots penetrating external walls, branches damaging the outer façade, or moisture ingress due to vegetation are all categorised as external/common-area issues, and the financial burden for rectification lies squarely with the society’s maintenance fund, sinking fund, or repair fund. Importantly, societies cannot shift this burden onto individual members because the affected area is not under their exclusive ownership and the cause of damage originates from outside their control. If the society refuses to act, the member has every right to issue a written complaint to the managing committee, escalate the matter to the Registrar of Co-operative Societies, and even claim compensation if prolonged negligence has caused seepage, structural weakening, or loss.

Advocate Sanil Sarkar LawRato

983 votes

In housing societies, external walls, balcony exteriors, and structural portions are treated as common areas. Therefore, repair and maintenance costs for external damage due to tree/vegetation growth outside the balcony are generally to be borne by the society, from common funds. However, if the damage is caused due to negligence of the flat owner (for example, allowing plants to grow unchecked from the balcony causing cracks or seepage), the society may recover the cost from that member after due notice. Bye-laws and facts of the case are decisive.

Advocate Pankaj Bajaj LawRato