Housing Maintenance Arrears Recoverable Without Time Limit, Says Bombay High Court

Mumbai, 18th February 2026: In a significant ruling that strengthens the hands of cooperative housing societies, the Bombay High Court has held that payment of maintenance charges is a continuing legal responsibility and cannot be avoided because the dues are old.

Delivering its judgment, the High Court made it clear that maintenance is not a discretionary payment but a mandatory monthly obligation. The court observed that failure to pay maintenance constitutes a “continuing wrong,” allowing societies to initiate recovery proceedings at any point until the full arrears are settled.

The dispute arose when occupants of four flats, residing in the building since 2005 without completing formal membership or executing registered agreements, challenged a demand notice issued by the society in 2023. The flat owners argued that the claim was time-barred, contending that the arrears were too old to be legally recovered.

However, the court rejected this argument, stating that under Section 154B of the Maharashtra Cooperative Societies Act, there is no prescribed limitation period for the recovery of maintenance dues. The judgment clarifies that cooperative housing societies retain the right to pursue unpaid maintenance irrespective of the time elapsed.

Importantly, the High Court ruled that even individuals who are not formal members of a housing society cannot escape liability if they are occupying or using the premises. Anyone availing of common amenities — including lifts, water supply, security, and shared infrastructure — is obligated to contribute toward maintenance expenses.

The court further emphasized that maintenance arrears are attached to the flat itself rather than solely to the individual owner. Consequently, any person deriving benefit from the property remains accountable for clearing outstanding dues.

Strengthening enforcement measures, the court also affirmed that once a recovery certificate is issued by the Registrar, societies may recover arrears through a mechanism similar to land revenue recovery proceedings.

Legal observers note that the ruling is expected to provide substantial relief to housing societies by protecting the interests of regular-paying residents and discouraging prolonged defaults.