Bombay High Court Says Flat Maintenance Must Match Apartment Size
Judgment brings clarity to condominium owners; larger flats to bear higher share of upkeep costs
Mumbai, August 7 – In a landmark ruling, the Bombay High Court has held that maintenance charges in residential condominiums must be proportionate to the size of the flats. The judgment, delivered under the Maharashtra Apartment Ownership Act, 1970, has sparked debate among legal experts and housing professionals across the state.
The court clarified that, unlike in co-operative housing societies governed by the Maharashtra Co-operative Societies Act, 1960, where charges are often divided equally, condominiums registered under the Apartment Ownership Act must adhere to a model based on each owner’s undivided share in common property—a share that is directly linked to flat size.
Advocate Mithil S welcomed the clarity, noting that “when specific shares are clearly defined in registered deeds, it makes matters fair and transparent for both residents and adjudicating authorities. Owners of bigger flats know from the outset that their contribution will be higher. In most setups, a larger share means higher costs but also higher benefits. The High Court has rightly prevented attempts to bypass this duty.”
Echoing this view, senior housing expert Vinod Sampat said the ruling aligns with principles of fairness. “Equity demands that if a person enjoys more space and benefits, they must pay more. Bigger flats also fetch higher per-square-foot prices, reflecting the buyer’s greater capacity to contribute,” he remarked.
The decision is expected to set a precedent for condominium managements across Maharashtra, where disputes over maintenance charges have often led to prolonged litigation. Housing experts believe this judgment will bring much-needed uniformity and reduce conflicts between apartment owners and managing bodies
