Bombay HC: Maintenance Charges Must Match Your Flat Size

SquareFeatIndia — Tue, 12 Aug 2025 06:22:24 +0000

In a ruling that could impact thousands of apartment owners across Maharashtra, the Bombay High Court has said that maintenance charges in condominiums must be calculated based on the size of the flat and the owner’s share in common areas — not equally for all.

The decision came in a long-running dispute at Treasure Park, a registered condominium in Pune, where owners of larger flats were paying the same monthly maintenance as those with smaller flats.

The Case at a Glance

Society: Treasure Park, Pune — 11 buildings, 356 apartments.
Law Involved: Maharashtra Apartment Ownership Act, 1970.
Main Issue: Should all flats pay equal maintenance, or should it depend on flat size?

The Dispute

For years, Treasure Park billed all flat owners the same maintenance, regardless of whether they owned a 2BHK or 4BHK. Owners of smaller flats objected, saying this violated Section 10 of the Apartment Act, which requires common expenses to be shared in proportion to each owner’s “undivided interest” in the common areas and facilities.

In November 2020, five owners of smaller flats filed a complaint with the Deputy Registrar of Co-operative Societies.

Timeline of Events

Nov 2020: Complaint filed by small flat owners.
08 July 2021: Deputy Registrar orders proportional maintenance billing based on flat size.
13 May 2022: Co-operative Court upholds the Deputy Registrar’s order.
Aug 2022: Society implements proportional billing.
04 August 2025: Bombay High Court dismisses challenge by large flat owners, confirming the proportional system.

What the Court Said

Justice Milind N. Jadhav held that both the Deed of Declaration of the society and the Apartment Act clearly require maintenance charges to be linked to the size/value of the flat.

The court rejected arguments that larger flats should not pay more since all residents use the facilities equally. It said proportionate contribution is part of the law and cannot be overridden by previous society resolutions for equal charges.

Impact of the Ruling

Larger flats will pay higher maintenance than smaller ones.
Societies under the Apartment Act must follow proportional charging.
Equal-charge systems can be challenged if they violate the law.

Also Read: SEBI advocates regularization of Fractional Ownership Platforms