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non contribution towards lift installation in apartment building
28-Mar-2025 (In Property Law)
Hi, I am the owner of a flat on the fourth floor of the residential building. The builder did not provide a lift, but created a duct for it and sanctioned the master plan from the sanctioning authority. The building has four units, and I' m on the top floor. Initially, we decided to install a lift at our own cost but now the rest of the owners are not willing to contribute. Now i want to serve notice mentioning that once lift is installed they will never be able to use it
In your case, since the builder provided a sanctioned master plan with a lift duct but did not install the lift, the right to install a lift still exists. However, denying access to other owners once it is installed could be legally challenged, as lifts are considered a common amenity in a residential building.
Legal Considerations:
Common Area Usage: As per the Maharashtra Ownership of Flats Act (MOFA) and the Maharashtra Co-operative Societies Act (if the building is part of a society), the lift, once installed, would be considered a common facility.
Cost Sharing: If other flat owners refuse to contribute, you may bear the cost initially but later claim reimbursement proportionately.
Legal Notice: Instead of serving a notice denying usage, a better approach is to inform them that they will need to pay their share before using it in the future.
Municipal Permissions: Ensure compliance with the municipal authority before installation.
If you still wish to proceed with a notice, it should be worded carefully to indicate that non-contributing members cannot claim usage rights unless they share costs in the future
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Adv. Vaibhavi Muthinty
Dombivli | 25+ Answers
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If the installation of the lift is pursuant to a decision of all the members vide a general meeting and approved, then the members are obliged to pay for such installation. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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