Bombay High Court Rules: Larger Flats Must Pay Higher Maintenance Charges
The Bombay High Court has ruled that owners of larger flats in housing complexes must pay higher maintenance charges, as per the Maharashtra Apartment Ownership Act, 1970. This decision resolves a long-standing dispute and clarifies the rules for maintenance fee distribution.
Bombay High CourtMaharashtra Apartment Ownership ActMaintenance ChargesHousing ComplexesTreasure ParkReal Estate PuneAug 08, 2025
The verdict came in response to a dispute at Treasure Park, a residential complex in Pune comprising 356 flats across 11 buildings. The condominium’s managing body had passed a resolution to levy equal maintenance charges on all flat owners, irrespective of apartment size.
According to the Hindustan Times report, owners of smaller flats challenged this decision in 2022, arguing that it violated the law. The law clearly states that maintenance costs must be shared based on each owner’s undivided share of the common areas, something that depends on the size of the apartment.
The deputy registrar of co-operative societies agreed with the smaller flat owners and ordered the condominium to charge maintenance fees proportionally. However, owners of the larger flats, unhappy with this order, first approached the Co-operative Court in Pune, but their case was dismissed in May 2022.
They later moved to the Bombay HC, where they argued that maintenance is used for common areas and amenities used equally by all residents and that assuming bigger flats have more residents and therefore must pay more is unfair.
The Bombay HC disagreed with the flat owners of larger flats who challenged the Co-operative Court of Pune. Justice Milind Jadhav said that both the law and the condominium’s own declaration documents support proportionate maintenance based on apartment size, according to the media report.
Dismissing the petition, the court ruled that flat owners with larger homes must pay a larger share of the maintenance costs, as they hold a greater undivided interest in the common areas.
According to legal experts, the confusion among flat owners in Maharashtra stems from the absence of a uniform law governing maintenance charges, with multiple regulatory mechanisms in place. Experts say the first step is for apartment owners to determine whether their building is registered under the Maharashtra Apartment Ownership Act, 1970 (MAOA) or a different framework.
'The provisions of the Maharashtra Apartment Ownership Act, 1970 (MAOA) and covenants in the Deed of Declaration apply to the apartment owners in a condominium set up under the MAOA, 1970. As per the Bombay High Court ruling, in a condominium set up, an apartment owner who holds a higher proportionate value and size (area) of their apartments must contribute to common area maintenance charges proportionately,' said Trupti Daphtary, an advocate and solicitor based in Mumbai.
In contrast, for members of a housing society, it is the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) that apply. In 2002, the Bombay High Court, in the case of Venus Co-operative Housing Society Ltd. vs. Dr. J.Y. Detwani ruled that there is no rational basis for a co-operative society to levy maintenance charges based on the size of the flats. However, the Model Bye-law for the co-operative housing societies in Maharashtra has a provision for repairs and maintenance charges to be levied on members and certain charges could vary based on flat area.
Frequently Asked Questions
What is the Maharashtra Apartment Ownership Act, 1970?
The Maharashtra Apartment Ownership Act, 1970 is a law that governs the ownership and management of condominiums and apartment complexes in Maharashtra. It outlines the rights and responsibilities of apartment owners, including the rules for maintenance charges.
Why did the Bombay High Court rule in favor of proportionate maintenance charges?
The Bombay High Court ruled in favor of proportionate maintenance charges because the law and the condominium’s own declaration documents support this approach. Larger flats hold a greater undivided interest in common areas and thus should pay more.
What is the main confusion among flat owners in Maharashtra regarding maintenance charges?
The main confusion among flat owners in Maharashtra stems from the absence of a uniform law governing maintenance charges, with multiple regulatory mechanisms in place. This makes it important for owners to determine which law applies to their building.
How does the Maharashtra Co-operative Societies Act, 1960 differ from the Maharashtra Apartment Ownership Act, 1970?
The Maharashtra Co-operative Societies Act, 1960 applies to housing societies, while the Maharashtra Apartment Ownership Act, 1970 applies to condominiums. The former has different provisions for maintenance charges, which can vary based on flat area.
What should apartment owners do to ensure they are following the correct regulations for maintenance charges?
Apartment owners should determine whether their building is registered under the Maharashtra Apartment Ownership Act, 1970 or the Maharashtra Co-operative Societies Act, 1960. They should then consult the relevant documents and legal experts to ensure compliance with the appropriate regulations.
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