“We Don’t Use the Lift, So Why Pay?” – What the Law Says Will Shock You

 Living in a housing society means sharing not just space but also responsibilities. One of the most common disputes in cooperative housing societies arises when it comes to maintenance charges, especially for facilities like lifts.

A frequently asked question is: “If I live on the ground floor or the first floor and rarely (or never) use the lift, why should I pay for lift repairs and maintenance?”

The answer lies in the laws, bylaws, and court judgments that govern cooperative housing societies in India. Let’s break it down step by step.

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The Core Issue: Who Should Pay for Lift Repairs?

In many societies, when lift repairs or replacement costs run into lakhs of rupees, some members—especially those on lower floors—object to contributing. Their argument is simple: “We don’t use the lift, so why should we pay?”

While this may sound fair at first glance, housing laws do not support this reasoning. According to the rules, the cost of maintaining and repairing lifts must be shared equally among all members, irrespective of which floor they live on or how often they use the lift.

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Why Is the Rule Like This?

A housing society is built on the principle of shared ownership of common facilities. The lift, staircase, water tanks, compound wall, and even the building’s structure are not owned by individual members—they are collectively owned by all society members.

So, even if you personally do not use a facility, you are still legally and morally responsible for maintaining it.

For example:

• You may not use the children’s play area, but you still contribute towards its upkeep.

• You may not park a vehicle, yet you still contribute to society security.

• Similarly, even if you live on the ground floor, the lift is part of the building’s essential infrastructure, and you share responsibility for it.

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The Legal Standpoint

1. Model Bye-laws of Cooperative Housing Societies (Bye-laws No. 65 to 71)

These bye-laws clearly mention how charges should be divided among members.

• Bye-law No. 65 defines service charges (commonly called “maintenance charges”) which include expenses like electricity, water, security, and importantly, lift maintenance and repairs.

• These charges must be equally shared by all members, regardless of flat size, usage, or floor level.

2. Bye-law 67 A (4)

This bye-law specifically highlights that lift repair and maintenance costs must be borne equally by all members of the building in which the lift is installed.

This means:

• Even if a ground-floor or first-floor resident claims they do not use the lift, they are still legally bound to contribute.

3. High Court Judgments

The Mumbai High Court has also ruled in several cases that service charges must be uniformly applied to all members. No member can opt out of contributing to common amenities simply because they don’t use them.

4. Apartment Ownership Act – Section 17

Even for apartments (not just cooperative housing societies), the same principle applies. The law states that no apartment owner can refuse to pay for the maintenance of common areas and facilities, even if they do not make use of them.

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Practical Reasons Why Everyone Must Pay

1. Emergency Situations

Even ground-floor or first-floor residents may need the lift in emergencies—medical cases, carrying heavy loads, or moving elderly/disabled family members.

2. Property Value

A well-maintained lift adds value to the entire building. If lifts are neglected, the market value of every flat drops, including those on lower floors.

3. Shared Responsibility

When you buy a flat in a society, you agree to be part of a community. Community living requires equal sharing of responsibilities and costs.

4. Fairness Across Amenities

If everyone starts opting out of paying for the facilities they don’t use, society management will collapse. For example:

• Senior citizens may say they don’t use the gym and refuse to pay for its upkeep.

• Families without children may refuse to pay for the play area.

• Members without vehicles may refuse to pay for parking maintenance.

This would create chaos and destroy harmony in society.

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Common Disputes and Misunderstandings

1. “We never use the lift, so why should we pay?”
   → Because lift maintenance is part of common charges, not individual usage.

2. “Can society charge only upper floors for lift repairs?”
   → No, it would be illegal. All members must be charged equally as per bye-laws.

3. “What if we pass a resolution to exempt ground-floor members?”
   → Even if the general body passes such a resolution, it is invalid because it goes against registered bye-laws and legal rulings.

4. “Can society install a system to charge based on usage?”
   → Practically impossible. Nobody can monitor or prove how often someone uses the lift.

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Lessons from Real Cases

In some societies, disputes have escalated so much that members insisted lifts should stop only at floors of those who paid for repairs. This caused conflicts and even legal battles.

Ultimately, courts have always ruled in favor of equal contribution by all members.

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How Societies Should Handle Such Disputes

1. Educate Members
   Circulate copies of bye-laws and explain the rules clearly during society meetings.

2. Transparency in Accounts
   Show detailed breakdowns of expenses to avoid mistrust.

3. Legal Awareness
   Remind members that refusal to pay common charges can result in penalties, legal notices, or even denial of voting rights in society matters.

4. Promote Unity
   Encourage members to see the bigger picture—cooperation keeps the society functional and harmonious.

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The Bigger Picture: Cooperative Living

A housing society is not just a collection of flats—it is a mini-community. The lift is not a luxury but an essential facility that ensures accessibility, safety, and convenience for all.

When all members share costs equally, it builds trust and prevents conflicts. On the other hand, when members refuse to pay their fair share, it creates division and weakens community bonds.

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Conclusion

The law is clear: all members of a housing society must pay equally for lift repairs and maintenance, regardless of whether they live on the ground floor or the top floor, and irrespective of their usage.

This principle ensures fairness, avoids disputes, and maintains the value of the property.

So, if your society is facing such a conflict, remember:

• The rules, bye-laws, and court judgments support equal sharing.

• In emergencies, even ground-floor residents may need the lift.

• Community living is about cooperation, not individual convenience.

A society thrives only when every member contributes equally to common responsibilities.