Larger flat owners to bear higher maintenance costs, rules Bombay High Court
The High Court's decision came during a recent hearing of a dispute involving Treasure Park, a residential complex in Pune with 356 flats across 11 buildings, Hindustan Times reported. The condominium's managing body had passed a resolution to collect equal maintenance charges from all flat owners, regardless of the flat size.
However, the owners of smaller flats challenged this decision in 2022. They argued that it violated the law, which states that maintenance costs must be shared based on each owner's undivided share of the apartment's common areas. The deputy registrar of co-operative societies agreed with the smaller flat owners and ordered the condominium to charge maintenance fees proportionally.
Owners of the larger flats, unhappy with this order, first approached the Co-operative Court in Pune, but their case was dismissed in May 2022. They then moved the Bombay High Court. The lawyer of larger flat owners told the court that maintenance is used for common areas and amenities used equally by all residents, and that assuming bigger flats have more residents—and therefore must pay more—is unfair.
The Bombay High Court disagreed. Justice Milind Jadhav said that both the law and the condominium's own declaration documents support proportionate maintenance based on apartment size. Thus, dismissing the petition, the court ruled that flat owners with larger homes must pay a larger share of the maintenance costs, as they hold a greater undivided interest in the common areas, according to Hindustan Times.
Justice Milind Jadhav stated that maintenance costs must align with each owner's undivided share of common areas.
The two terms -- flat and apartment -- are often used interchangeably. But these terms are defined differently under The Maharashtra Ownership Flats Act, 1971 and the Maharashtra Apartment Ownership Act, 1970. This distinction affects how maintenance is calculated.
In most co-operative housing societies governed by the 1971 Act, maintenance is typically charged equally per flat. However, in apartment-condominiums governed by the 1970 Act, maintenance must be charged in proportion to the carpet area of each unit.
Key Takeaways Maintenance fees in condominiums must be calculated based on flat size, as per Maharashtra law.
Equal maintenance charges for differently sized flats can lead to legal disputes.
Understanding property laws is crucial for flat owners to avoid conflicts over maintenance charges.
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