Bombay HC: Larger Flats Must Pay Higher Maintenance as per Maharashtra Apartment Ownership Act 1970
Bombay HC: Larger Flats Must Pay Higher Maintenance as per Maharashtra Apartment Ownership Act 1970
Court says bigger flats must pay more towards upkeep, bringing clarity to condominium maintenance rules.
In a significant ruling impacting thousands of apartment owners in Maharashtra, the Bombay High Court has held that maintenance fees in condominiums must be charged in proportion to the area of the flat. The verdict, delivered by Justice Milind Jadhav, offers relief to owners of smaller flats while requiring larger flat owners to bear a greater share of costs.
The case arose from Treasure Park, a Pune residential complex with 356 flats across 11 buildings. Its managing body had resolved to levy equal maintenance charges for all units, regardless of size. Smaller flat owners challenged this at the deputy registrar of co-operative societies, who ruled that charges must be proportional. Larger flat owners appealed to the Co-operative Court in Pune, but their plea was dismissed in May 2022. They then moved the Bombay High Court, arguing that common facilities are used equally by all residents and that bigger flats do not necessarily house more occupants.
The High Court rejected this argument, pointing to the Maharashtra Apartment Ownership Act, 1970 (MAOA) and the condominium’s own declaration documents, both of which mandate proportionate charges based on the apartment’s undivided interest in common areas. The court concluded that larger units hold a bigger stake in the property and must therefore contribute more towards upkeep.
Legal experts note that confusion persists because Maharashtra has multiple regulatory frameworks for housing, condominiums under MAOA follow proportional maintenance rules, while housing societies under the Maharashtra Co-operative Societies Act, 1960 operate differently. In 2002, the Bombay High Court ruled in the Venus Co-operative Housing Society case that co-operative societies cannot charge based on flat size without a rational basis, although model bye-laws do allow certain charges to vary with area.
