Pune Deputy Registrar Declares 10% Extra Service Charge on Rented Flats Illegal

In a significant ruling, the Deputy Registrar of Cooperative Societies in Pune has declared that apartment management committees cannot impose an additional 10% service charge on rented flats, providing relief to many flat owners and tenants.

PuneDeputy RegistrarRented FlatsService ChargeMaintenance ChargesReal EstateSep 19, 2025

Pune Deputy Registrar Declares 10% Extra Service Charge on Rented Flats Illegal
Real Estate:Pune, 19th September 2025: In a significant relief for flat owners and tenants, the Deputy Registrar of Cooperative Societies in Pune has ruled that apartment management committees cannot levy an additional 10 percent service charge (non-occupancy fee) on rented flats.

The order, issued by Deputy Registrar Milind Tanksale, clarifies that all residents must pay equal maintenance charges for common facilities such as security, cleaning, and utilities, regardless of whether a flat is rented or self-occupied. The ruling came following complaints from apartment owners who alleged that managements were imposing extra fees on rented units.

“There is no provision under the Maharashtra Apartment Ownership Act, 1970 or the registered bye-laws of condominiums that allows apartments to collect a non-occupancy fee,” Tanksale noted in the order. “Therefore, such charges are illegal and must not be levied.”

While the ruling applies to apartments registered under the Apartment Ownership Act, non-occupancy charges are permitted under cooperative housing society laws, where members can be charged up to 10 percent extra if their flats are rented out or remain vacant.

Explaining the difference, advocate Sanjay Dhindle, who practices conveyancing law, said: “Many apartment associations in the city were illegally charging an additional 10 percent service fee on rented flats. This order sets the record straight and protects owners from unfair demands.”

Manoj Shah, a company secretary who had rented out his flat, welcomed the order. “I was being charged an extra 10 percent by my apartment association. After filing a complaint, the Deputy Registrar investigated and confirmed that such a fee is not legal. This decision will help many others facing similar issues.”

The ruling is expected to resolve long-standing disputes between apartment owners and management committees, bringing uniformity and legal clarity on maintenance charges across the city.

Frequently Asked Questions

What is the recent ruling by the Deputy Registrar of Cooperative Societies in Pune?

The Deputy Registrar has ruled that apartment management committees cannot levy an additional 10 percent service charge on rented flats.

Which act does this ruling apply to?

The ruling applies to apartments registered under the Maharashtra Apartment Ownership Act, 1970.

What happens if a flat is rented out under cooperative housing society laws?

Under cooperative housing society laws, members can be charged up to 10 percent extra if their flats are rented out or remain vacant.

Who can I contact if I face unfair service charges?

You can file a complaint with the Deputy Registrar of Cooperative Societies in Pune.

How does this ruling benefit flat owners and tenants?

This ruling provides relief to flat owners and tenants by ensuring that all residents pay equal maintenance charges, regardless of whether a flat is rented or self-occupied.

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