Are apt associations responsible for repairing leaks inside apts?

The association is registered under the Maharashtra Apartment Ownership Act 1970. There is a leakage dispute ongoing in our association. The lower apartment has leakage from the upper apartment’s bathroom.The owner of the upper apartment refuses to fix the leak.The owner of the lower apartment is saying that the board of managers has the right to make emergency repairs to prevent damage to his apartment. He is giving reference of section 6 subclause 6 & section 9 para 3 of MAOA 1970. Is leakage considered emergency repair? Does the board of managers have the right to repair internal leaks? Who will pay for the repair of the leak?

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Advocate By LEAD INDIA Answered: 09 Feb 2023

Hello sir,

There must be the agreement for the same where it must be mentioned the clause for the repair anmd reconstruction and thus the price will be paid as per the clause to know more please cal on our helpline number 

thank  you

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