Maintenance charges are one of the most discussed — and sometimes most argued — topics in residential communities. Whether it’s a high-rise with luxury amenities or a modest co-operative housing society, members often ask the same question:
Should owners of bigger flats pay more for maintenance?
A recent Bombay High Court ruling in a Pune apartment complex has added fuel to this debate. Many residents now wonder whether the decision affects all housing communities, including co-operative societies.
The short answer is no — but understanding why requires knowing the legal difference between an apartment and a co-operative housing society (CHS).
1. What “Maintenance Charges” Actually Cover
Maintenance charges are the monthly or quarterly contributions that residents pay for upkeep of common facilities. These typically include:
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Electricity for corridors, lifts, and parking areas
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Water supply for common areas
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Security staff salaries
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Lift repairs and servicing
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Housekeeping and waste management
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Gardening, landscaping, and community area upkeep
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Repairs to common infrastructure such as drainage, pipelines, and building exteriors
Without these funds, daily functioning would grind to a halt — no lift service, no security, and no clean surroundings.
2. The High Court Decision: What Happened in Treasure Park
In Pune’s well-known Treasure Park Apartments, the residents’ association had a rule: maintenance charges were based on each flat’s carpet area.
This practice follows the Maharashtra Apartment Ownership Act, 1970 (MAOA), which states:
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Each apartment owner has a proportionate share in common areas and facilities.
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That share is determined by the value of the apartment, which is linked to its size.
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As a result, a larger apartment has a bigger ownership stake, higher voting rights, and higher maintenance responsibility.
The Bombay High Court upheld this principle, confirming that in apartments registered under the MAOA, larger flats will pay proportionately higher maintenance charges.
3. Why This Doesn’t Apply to Co-operative Housing Societies
This is where most confusion starts. People casually use the word “society” for any residential complex — but legally, an apartment and a co-operative housing society are very different entities.
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Apartment → Governed by the Maharashtra Apartment Ownership Act, 1970
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Co-operative Housing Society → Governed by the Maharashtra Co-operative Societies Act, 1960 and Model Bye-Laws
In a CHS, there is a fixed legal rule:
Basic maintenance charges for common services must be the same for all members, regardless of flat size or usage.
This means that whether you own a compact 1BHK or a sprawling 4BHK, you pay the same monthly maintenance for things like security, common electricity, and cleaning.
4. The Reason for the Equal-Charge Principle
The idea behind equal charges is simple:
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Everyone benefits equally from certain services.
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The lift operates for all residents.
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Security guards watch over the whole building, not specific flats.
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Corridor lighting is used by everyone.
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Common area cleaning benefits the entire community equally.
Since these services do not depend on the size of your flat, the law mandates that all members share these costs equally.
5. But Not All Charges Are Equal
Equal monthly maintenance doesn’t mean every charge is equal.
The Model Bye-Laws allow some charges to be calculated based on flat area or usage:
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Property tax share (if paid collectively by the society)
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Insurance premium for building structure
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Sinking fund contributions for long-term repairs
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Major structural repair costs
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Water charges (if based on metered consumption or calculated per sq. ft.)
In such cases, larger flats may contribute more — but this is the exception, not the rule.
6. Apartment vs. Society: Key Differences
Here’s a quick legal comparison:
| Aspect | Apartment (MAOA 1970) | Co-operative Society (MCS Act 1960) |
|---|---|---|
| Ownership | You own your flat + proportionate share of common areas | Society owns the property; members hold shares giving occupancy rights |
| Maintenance Rule | Area-based | Equal for common services |
| Voting Rights | Proportional to ownership share | One member = one vote |
| Governing Law | Maharashtra Apartment Ownership Act, 1970 | Maharashtra Co-operative Societies Act, 1960 |
7. Why WhatsApp Group Arguments Rarely Solve This
After the High Court decision, many housing WhatsApp groups began buzzing with debates. Some residents argued, “It’s only fair that bigger flats pay more.” Others replied, “That’s not how our society works.”
The problem? Most people in these discussions don’t know the exact law their building follows. Without this clarity, debates go in circles.
8. How to Settle the Issue in Your Building
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Check Your Registration Type
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Look at your registration certificate. It will say whether you are an Apartment Association or a Co-operative Housing Society.
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Read the Applicable Rules
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If you’re a CHS → follow the Model Bye-Laws.
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If you’re an apartment under MAOA → maintenance is area-based.
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Communicate Clearly
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Share the exact legal provision in your building group to stop speculation.
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Avoid Personalizing the Issue
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This is a matter of law, not personal fairness or preference.
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9. Why Equal Charges in CHS Are Here to Stay
Even if a majority in a CHS votes to change to an area-based system for monthly maintenance, it cannot override the law. The equal-charge principle is a statutory requirement, not a society policy that can be amended casually.
10. Conclusion: Know the Law, Keep the Peace
The Bombay High Court’s Treasure Park ruling is important — but only if you live in an apartment complex governed by the 1970 Act. If you are in a co-operative housing society, the ruling does not apply, and equal monthly maintenance charges remain mandatory.
Misunderstandings about this rule have caused unnecessary disputes in many communities. By simply checking your building’s legal status and following the correct law, you can avoid long, stressful arguments — and keep your focus on living harmoniously with your neighbors.
After all, maintenance discussions should keep the building in good shape — not damage community relationships.
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