Bombay High Court Upholds Proportional Maintenance Fees for Larger Flats
The Bombay High Court has ruled that larger flat owners in Maharashtra’s apartment condominiums must pay higher maintenance charges, as per the Maharashtra Apartment Ownership Act, 1970. This decision brings clarity to maintenance fee disputes in residential complexes.
Bombay High CourtMaintenance FeesMaharashtra Apartment Ownership ActReal EstatePune Residential ComplexReal EstateAug 17, 2025
The case arose from a dispute in Treasure Park, a Pune residential complex with 356 flats in 11 buildings. In 2022, its managing body resolved to collect equal maintenance from all owners, regardless of flat size. Owners of smaller flats challenged this, arguing it violated the law, which mandates that maintenance costs be shared according to each owner’s share in the common areas—linked directly to the apartment size. The deputy registrar of co-operative societies agreed with them, ordering proportional fees.
Larger flat owners contested the order before the Co-operative Court in Pune, which dismissed their plea in May 2022. They then approached the Bombay High Court, claiming maintenance funds were for equally used common areas and that assuming larger flats house more residents—and therefore must pay more—was unfair.
Justice Milind Jadhav rejected this argument, citing both the Act and the condominium’s declaration, which require proportionate charges. He emphasised that larger units have a greater undivided interest in the property’s land and amenities, justifying higher contributions.
The ruling reinforces that under the 1970 Act, apartment owners are co-owners of the land and common areas, unlike under the 1971 Act where ownership is limited to individual units with access to shared facilities. The judgment ensures that maintenance costs reflect property size and ownership share, bringing clarity to disputes over charges in Maharashtra’s apartment complexes.
In summary, the Bombay High Court ruled that larger apartment owners in Maharashtra condominiums must pay higher maintenance under the 1970 Act, which bases charges on carpet area. In a Pune dispute, smaller flat owners won against equal fees, with the court affirming proportional charges to reflect ownership share in common property.
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 maintenance of apartment-condominiums in Maharashtra. It requires maintenance charges to be proportional to the carpet area of each unit, reflecting the undivided share in common property.
How does the 1970 Act differ from the 1971 Act?
The 1970 Act applies to apartment-condominiums and mandates proportional maintenance charges based on the carpet area of each unit. The 1971 Act, which applies to co-operative housing societies, usually charges maintenance equally per flat.
What was the dispute in Treasure Park, Pune?
The dispute in Treasure Park, Pune, involved a managing body's decision to collect equal maintenance fees from all flat owners, regardless of size. Smaller flat owners challenged this, arguing it violated the law, which requires proportional charges based on apartment size.
What was the Bombay High Court's decision?
The Bombay High Court upheld the requirement for proportional maintenance fees based on the carpet area of each unit. The court rejected the argument that larger flats should not pay more, emphasizing that larger units have a greater undivided interest in the property’s land and amenities.
How does this ruling impact maintenance fee disputes in Maharashtra?
This ruling brings clarity to maintenance fee disputes in Maharashtra’s apartment complexes by affirming that maintenance costs should reflect the property size and ownership share, as mandated by the 1970 Act.
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