Managing and maintaining a housing community—whether it is a co-operative society or an apartment complex—always brings one key question to the surface: How should maintenance charges be calculated?
Should everyone pay the same amount?
Or should residents with bigger flats pay more?
A recent judgment by the Bombay High Court in the well-known Treasure Park apartment case in Pune has once again brought this issue into public discussion. Many housing communities are debating whether the same rule applies to co-operative housing societies as well.
Here we simplifies the topic and explains the law, the difference between societies and apartments, and why maintenance charges in co-operative societies must be equal for all members—regardless of the size of their flat.
1. Why Maintenance Charges Matter
Every community—big or small—has common areas and shared facilities such as:
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Lifts
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Security services
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Water supply
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Common electricity
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Gardens and open spaces
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Building repairs
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Housekeeping for common areas
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Waste management
To maintain all these services, some amount has to be collected regularly from residents. This is called Maintenance Charges or Society Maintenance.
In simple words:
Maintenance is the money collected from all residents to run the building smoothly and safely.
This may sound simple, but the real confusion begins when people ask:
“Should all members pay the same amount, or should charges depend on the size of the flat?”
2. The High Court Judgment That Triggered the Debate
A few days ago, the Bombay High Court gave a ruling regarding maintenance in the Treasure Park apartment complex in Pune, which has 356 members. The Court stated that:
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Under the Maharashtra Apartment Ownership Act (MAOA) 1970,
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Maintenance can be charged based on the percentage of undivided share (U.D. share) in the property,
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And this share depends on the cost and size of the apartment.
In simpler words:
In apartments governed by the Apartment Ownership Act, bigger flats can be asked to pay higher maintenance.
This is because the Act itself defines ownership, voting rights, and cost-sharing in proportion to the size/value of each apartment.
This caused confusion in many societies. People began asking:
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“Does this apply to co-operative housing societies also?”
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“Should we also start charging maintenance based on flat area?”
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“Is equal maintenance still legally correct?”
Hence, many WhatsApp groups were filled with debates and arguments.
3. Why This Judgment DOES NOT Apply to Co-operative Housing Societies
Here is the most important point:
The High Court decision applies ONLY to apartment complexes registered under the Maharashtra Apartment Ownership Act, 1970.
It does NOT apply to co-operative housing societies registered under the Maharashtra Co-operative Societies Act, 1960.
These are two entirely different legal structures.
Apartments vs. Co-operative Housing Societies – The Difference
| Feature | Apartment Ownership Act (1970) | Co-operative Societies Act (1960) |
|---|---|---|
| Ownership | Individual ownership with defined undivided share | Collective ownership through the society |
| Maintenance rule | Based on proportionate share/flat size | Equal maintenance for all |
| Voting rights | Based on percentage share | One member = one vote |
| Property title | Each owner owns the flat & share of land | Society owns the structure & land after conveyance |
| Flexibility | Charges can differ | Charges must be equal for all |
Because of these differences, two different laws apply.
So even if people casually say “our apartment society,” legally the rules are not the same.
This is where most misunderstandings begin.
4. Why Co-operative Societies Must Charge Equal Maintenance
Under the Maharashtra Co-operative Societies Act, 1960, and the Model Bye-laws for Housing Societies, the rule is clear:
→ All members must pay the same maintenance charges.
This rule is not new. It has been legally established and repeatedly clarified.
The logic behind this is simple:
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Common services like security, lift, and cleaning are used by everyone.
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The cost of these common facilities does not depend on the size of the flat.
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Bigger flats do not necessarily use more water, electricity, or services.
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Societies are based on equality and co-operation, not ownership share.
Hence:
Charging different maintenance based on flat size is illegal for co-operative housing societies.
Any society doing so is violating the bye-laws.
5. But Can Societies Charge Anything Based on Area?
Yes. Not everything has to be equal.
Society bye-laws clearly state that some charges can be based on the area of the flat.
These usually include:
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Repair Fund (major repairs)
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Building reconstruction fund
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Sinking fund contribution
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Parking charges (if applicable)
Even in these cases, the society must follow the standards mentioned in the bye-laws.
But when it comes to the main monthly maintenance charges that include:
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Common electricity
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Lift operation
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Security services
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Housekeeping
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Garden maintenance
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Water supply
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General upkeep
These must be equal for everyone.
6. Why People Get Confused: Common Mistakes
Many residents casually use the word “society” even when they live in apartment ownership buildings.
This leads to incorrect assumptions.
Some common mistakes include:
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Assuming the High Court judgment applies to all buildings
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Mixing up the Co-operative Societies Act and Apartment Ownership Act
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Believing bigger flats automatically mean higher charges
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Confusing area-based charges with monthly maintenance
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Thinking legal rules can be changed by majority vote (they cannot)
The reality is:
Maintenance rules depend on the legal structure of the building, not on opinions in WhatsApp groups.
7. Why Equal Maintenance Makes Sense in Societies
Co-operative housing societies are formed with the principles of:
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Equality
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Mutual benefit
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Shared responsibility
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Collective ownership
This means:
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Everyone benefits from common services
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Everyone must contribute equally for these common services
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The law supports fairness and equality over flat size
If bigger flats were charged more:
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It would break the equality principle
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Larger-flat owners would demand more voting rights (like in apartments)
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Societies would become unequal and divisive
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Members would fight more often
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Community harmony would be disturbed
Hence, the law protects the co-operative nature of societies by ensuring equal contribution from all members.
8. What Exactly Did the High Court Say?
To simplify the Court’s ruling:
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Under the Apartment Ownership Act,
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Every apartment owner has a defined share in common areas,
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This share is linked to the cost/size of the property,
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Therefore maintenance can be proportionate to this share.
This is completely valid for apartments.
But this logic does not apply to co-operative societies, because:
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There is no concept of proportionate share
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All members are equal shareholders
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The society owns the land and building after conveyance
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The model bye-laws enforce equal maintenance
So the Court’s judgment has no impact on societies.
9. What Your Society Should Do Now
If your society is currently debating this issue, follow these simple steps:
1. Check your registration certificate
Confirm whether your building is registered as:
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A Co-operative Housing Society, or
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An Apartment Ownership Association
This answers everything.
2. If you are a Co-operative Society
You must charge equal maintenance.
This is the law.
There is no need for arguments or confusion.
3. If you are an Apartment Association
You may charge maintenance proportionate to flat size.
This is allowed under the Apartment Act.
4. Avoid WhatsApp debates
Most arguments arise because people mix up the two laws.
It wastes time and creates unnecessary fights.
5. Follow the Model Bye-laws
They clearly list:
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What charges must be equal
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What charges can be area-based
This removes all confusion.
10. What NOT to Do
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Do not charge unequal maintenance in co-operative societies
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Do not assume the High Court judgment applies to you
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Do not create new formulas without legal basis
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Do not mix apartment rules with society rules
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Do not rely on hearsay or forwards for legal decisions
Maintenance is a legal matter, not a personal choice.
11. Will the Court Judgment Ever Apply to Societies?
No.
The High Court ruling is based on the 1970 Apartment Act, which does not govern societies.
Unless the government changes the Co-operative Societies Act or its bye-laws (which is unlikely), the rule of equal maintenance will always apply.
So there is no legal possibility of forcing area-based maintenance in societies.
12. Why Peace Matters More Than Arguments
At the end of the day, a society is a community.
Everyone lives in the same building and uses the same common areas.
Unnecessary disputes only create tension and spoil relationships.
The law is clear, simple, and fair:
Societies = Equal Maintenance
Apartments = Area-based Maintenance
Once people understand this difference, 90% of disputes disappear.
Conclusion: The Final Word
The recent Bombay High Court judgment has brought the maintenance issue back into discussion, but it applies only to apartment ownership buildings, not co-operative housing societies.
For societies:
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Maintenance charges must be equal for all members
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Flat size does not matter
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Bye-laws clearly enforce this rule
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Area-based maintenance in societies is illegal
So if you live in a co-operative housing society, there is no need for confusion, debates, or conflicts.
The law protects equality, and members should follow it to maintain peace, harmony, and smooth functioning of the community.
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