Should Maintenance Charges Be Based on Apartment Size? Bombay High Court Weighs In
The Bombay High Court has ruled that owners of larger flats must pay higher maintenance charges, as per the Maharashtra Apartment Ownership Act, 1970. This decision clarifies a long-standing debate in the real estate sector.
Maintenance ChargesApartment SizeBombay High CourtMaharashtra Apartment Ownership ActReal EstateReal Estate MumbaiAug 08, 2025
The condominium’s managing body had passed a resolution to levy equal maintenance charges on all flat owners, irrespective of apartment size. 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, which 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. 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 apartment complexes in Maharashtra. It outlines the rights and responsibilities of apartment owners and the managing bodies of these complexes.
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 declaration documents support the idea that maintenance costs should be shared based on each owner’s undivided share of the common areas, which is determined by the size of the apartment.
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 includes differences between the Maharashtra Apartment Ownership Act and the Maharashtra Co-operative Societies Act.
What is the Model Bye-law for co-operative housing societies in Maharashtra?
The Model Bye-law for co-operative housing societies in Maharashtra is a set of guidelines that provide for the management and maintenance of co-operative housing societies. It includes provisions for repairs and maintenance charges, which can vary based on the size of the flat.
Can flat owners in a co-operative housing society be charged different maintenance fees based on flat size?
While the Bombay High Court ruled that there is no rational basis for a co-operative society to levy maintenance charges based on the size of the flats, the Model Bye-law for co-operative housing societies in Maharashtra allows for certain charges to vary based on flat area.
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