Maintenance Charges in Apartments Must Be Based on Flat Size; Bombay High Court upholds proportional maintenance fee structure
Mumbai/Pune, 8th August 2025: In a landmark ruling, the Bombay High Court has stated that maintenance charges in apartment condominiums must be levied based on the carpet area of each flat, rather than uniformly. This decision comes as a major relief for owners of smaller flats, potentially ending long-standing disputes over unequal maintenance fee structures.
The verdict pertains to ‘Treasure Park’, a registered condominium under the Maharashtra Apartment Ownership Act, located in Aranyeshwar, Pune. The housing society comprises 11 buildings and 356 flats, including 2BHK, 3BHK, and 4BHK units.
The management had passed a resolution in the general body meeting mandating that all flat owners pay equal maintenance charges, regardless of their apartment size. In response, residents Neelam Patil, Pramod Garad, Atul Itkarkar, and Narendra Chaudhary, all owners of 2BHK flats, challenged this move, arguing that it violated provisions of the Apartment Ownership Act.
They filed a complaint with the Deputy Registrar of Cooperative Societies, who, in July 2021, ruled in favor of the smaller flat owners. The registrar directed that maintenance charges must be levied proportionally, based on each flat’s share as per its area.
Flat owners of larger apartments appealed the order in the Cooperative Court, but their challenge was dismissed, with the court upholding the registrar’s decision.
Subsequently, the matter was taken to the Bombay High Court via a writ petition by the larger flat owners. However, the High Court affirmed the earlier rulings, reinforcing that maintenance fees should be charged based on the flat’s undivided share in the property, derived from its area.
