A flat owner at Nepean Sea Road, Mumbai, cannot prevent his housing society from carrying out repairs to external chajjas attached to his flats, the Maharashtra State Co-operative Appellate Court has ruled.
In a judgment delivered on September 10, President Sau S Sapatnekar dismissed the member’s appeal with costs and upheld an earlier Co-operative Court order permitting the society to proceed with repair work.
The dispute concerned two flats in D Wing, located on the 17th and 19th floors. The housing society had proposed repairs after complaints of leakage and seepage affecting apartments on lower floors. Its repair budget had also been increased from Rs 75 lakh to Rs 2 crore following approval through general body meetings.
Court Treats Chajjas as Common Areas
The flat owner had challenged the society’s decision after its contractor removed safety grills installed on the chajjas. According to the complaint, the grills had been fitted in 2006 because the building’s coastal location exposed the structure to moisture and saline conditions.
The owner later objected to safety netting installed over the chajjas and sought an interim order preventing demolition, alteration or repair work.
The appellate court held that the external chajjas constitute common areas of the building, rather than private portions belonging exclusively to the individual flat owner. Ownership of an apartment, it said, does not automatically extend to external structural components situated outside the flat.
Repair Evidence Considered
The society submitted a repair plan dated December 28, 2024, which included repairing a cracked chajja, waterproofing and examining possible beam damage. Photographs showing seepage and leakage affecting lower apartments were also presented.
The court noted that the repair programme had received approval through general body resolutions, which had not been challenged by the appellant.
Limits on Access to Society Records
The judgment also examined the member’s request for structural audits, technical reports, permissions, meeting minutes and contractor documents under Section 154B-8 of the Maharashtra Co-operative Societies Act.
The court clarified that while members have statutory rights to inspect specified society records, the provision does not provide unrestricted access to every technical or structural document held by a society.
The appellate court found no reason to overturn the Co-operative Court’s August 4, 2025 order. The appeal was dismissed and costs were imposed on the appellant.
However, the court clarified that the trial court must decide the pending interim application independently and on its own merits.
The ruling reinforces that housing societies can undertake necessary maintenance of common external structural elements, while individual flat ownership does not necessarily confer exclusive control over such portions of a building.
Source: Mid-day
