Large Flat Owners Must Pay More Maintenance Rules Bombay HC
The Bombay High Court has delivered a landmark ruling that could impact thousands of apartment owners across Maharashtra, clarifying how maintenance fees should be charged in condominiums. The court held that these charges must be levied in proportion to the size of each flat, offering relief to owners of smaller units while requiring larger flat owners to pay a greater share. The judgment came in a dispute from Treasure Park, a Pune residential complex where the managing body had decided to impose equal maintenance charges on all 356 flats, regardless of size. Smaller flat owners contested this, winning in the deputy registrar’s office and later in the Co-operative Court. Larger flat owners took the matter to the High Court, arguing that common facilities are used equally by all residents, but the court ruled that the law and the complex’s own documents clearly require proportionate contributions.
Justice pointed to the Maharashtra Apartment Ownership Act, 1970, which states that charges must be based on each apartment’s undivided interest in the property. Since larger flats hold a bigger share in the common areas, the court said they must pay more towards upkeep. Legal experts note that confusion often arises because Maharashtra’s housing sector operates under multiple frameworks condominiums under MAOA follow proportional charges, while co-operative societies under the Maharashtra Co-operative Societies Act, 1960 have different rules. The verdict reinforces the importance of following the governing legal structure of each housing arrangement and could prompt many condominium associations to revisit how they calculate maintenance fees.
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