Who decides the monthly maintenance charge in a nine-member association? If somebody refuses to pay the amount saying it is too high, can the other flat-owners discontinue that member’s power, water and lift services?

D.K. Mitra, Calcutta

Maintenance charge is based on the size of a flat — the bigger it is, the higher the amount. Any move to withdraw common services has to be decided by a simple majority. But it is advisable that essential services like water or power are not disrupted.

I own an apartment on the third floor of a 20-year-old multi-storeyed building. A few years back, the flat-owner who lives on the floor above had dug up his mosaic bathroom floor and replaced it with marble. That damaged the ceiling of my bathroom. At first, I ignored the seepage of water but now the situation has aggravated and damaged the wall. I have repeatedly requested the flat-owner to stop the seepage but he has done nothing so far.

I would like to know:

i) What legal step (civil/criminal) can I take to force him to repair his bathroom?

ii) How long would such a legal battle last?

iii) Can I ask him to repair my bathroom wall and ceiling?

iv) Should I lodge a police complaint?

Gopal Chandra Mitra, Lake Town

You can file a civil case against him in a lower court, but it is difficult to predict how long the legal battle would last.

You can ask him to repair the bathroom or pay damage.

You can lodge a diary at the local police station. You can also involve the building association and make it a respondent in the case.

Is an elected committee that looks after the maintenance of a building the final authority? In a building with 20 occupants, what number shall be taken as majority to come to a decision? Can a member defy the rules set by the majority and not pay maintenance? Can the owner who is not staying in the building claim exemption from payment of maintenance and other charges?

Suresh Saraf, Calcutta

An association formed by occupants decide on maintenance, including charges. If the association sets up a committee, it will be empowered to take decisions.

The association can decide on what number shall be deemed the majority. No member can defy rules. The owner cannot ask for any exemption.

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Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001