Equal Maintenance for All: Clearing the Confusion About Housing Society Charges After the Recent Court Ruling

Maintenance charges are one of the most debated topics in residential communities. Whether you live in a large township, a medium-sized apartment block, or a small co-operative housing society, the question keeps coming up again and again:

Should all residents pay the same maintenance, or should bigger flats pay more?

This question recently became even more important after a Bombay High Court ruling in the Treasure Park apartment case from Pune. The decision triggered debates in housing WhatsApp groups across Maharashtra. Many residents began assuming that the judgment automatically applies to every housing complex and every society.

However, the reality is very different.

This article explains the issue clearly in simple English:

• What the High Court actually said

• How apartments and co-operative societies differ legally

• Why societies must charge equal maintenance

• What charges can differ based on area

• What residents should do to avoid unnecessary conflict

Let’s break it down step-by-step.

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1. What Are Maintenance Charges and Why Are They Required?

Every residential building—whether a society or an apartment association—needs regular upkeep. There are several common services that residents share:

• Water supply

• Cleaning and sanitation of common areas

• Common electricity (lifts, lighting, pumps)

• Security staff

• Building repairs

• Garden and landscape maintenance

• Fire safety maintenance

• Waste handling

• Administrative costs

All these require money on a monthly basis. This money is collected from residents in the form of Maintenance Charges.

The purpose of maintenance charges is simple:

To ensure that common facilities operate smoothly and safely for everyone.

However, how much each resident pays varies depending on which legal structure the building is registered under.

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2. The Judgment That Sparked the Confusion

The Bombay High Court’s decision involved the well-known Treasure Park apartment project in Pune. In this case, the Court interpreted the provisions of the Maharashtra Apartment Ownership Act (MAOA), 1970.

The judgment clarified that:

• Under the Apartment Ownership Act, each flat owner has a fixed percentage of undivided share in the building and land.

• This share is calculated based on the size and cost of the flat.

• Therefore, maintenance charges can be proportionate to the flat area.

This means:

In apartment ownership buildings, larger flats may be charged higher maintenance.

But many people assumed that this applies to co-operative housing societies too.
This assumption is incorrect.

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3. Why the Judgment Does NOT Apply to Housing Societies

The confusion happens because people often use the word “society” casually for any residential complex. Legally, however, there is a huge difference between:

• Apartment ownership buildings (registered under the Apartment Act, 1970)

• Co-operative housing societies (registered under the Co-operative Societies Act, 1960)

These two are governed by completely different laws.

Key Differences Between Apartment Associations and Co-operative Societies

Aspect	Apartment Ownership Act, 1970	Co-operative Societies Act, 1960
Ownership	Individual ownership + percentage share in land/building	Collective ownership by the society
Maintenance logic	Area-based, proportionate to share	Same for all members
Voting rights	Based on undivided share percentage	One member = one vote
Legal structure	Declaration under MAOA	Bye-laws under MCS Act
Charge calculation	Proportionate share allowed	Equal contribution required

Because the laws are fundamentally different, the Court’s ruling in an apartment case cannot be applied to co-operative societies.

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4. What the Law Says About Maintenance in Co-operative Societies

Under the Maharashtra Co-operative Societies Act, 1960, and the Model Housing Society Bye-laws, the rule is absolutely clear:

**→ Maintenance charges must be equal for all members in a co-operative society.

→ Flat size does not matter.**

This applies to:

• 1 BHK

• 2 BHK

• 3 BHK

• 4 BHK

• Commercial units (with some exceptions)

The core philosophy of co-operative societies is equality. All members have equal rights and equal responsibilities.

Why?

Because co-operative societies are not ownership-based structures—they are community-based structures.

Every member:

• Has one vote

• Uses common facilities

• Shares common expenses

• Is equal in the eyes of the law

Therefore:

Charging different maintenance based on flat size is illegal in co-operative societies.

Even if the majority agrees, the rule cannot be changed.

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5. Why Equal Maintenance Makes Practical Sense

Here are the simple reasons why maintenance is equal in societies:

1. Common services are used equally

Security, lifts, common lights, cleaning, water pumps—everyone benefits from these, regardless of flat size.

2. The cost does not depend on flat area

The cost of running a lift or paying security staff does not change based on how large someone’s flat is.

3. Equality is the base principle

Every co-operative society is built on the foundation of equal rights and equal duties.

4. Prevents conflicts

If area-based charges were applied, larger flat owners would demand:

• More votes

• More control

• More authority over decisions

This goes against the co-operative spirit.

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6. Which Charges CAN Be Based on Area?

Although maintenance must be equal, the bye-laws allow some charges to vary based on the square footage of the flat.

These include:

• Sinking Fund

• Building Repair Fund (major repairs)

• Reconstruction Fund

• Service charges for additional area (like terraces)

But the monthly service charges/maintenance must always remain equal.

This is clearly defined in the Model Bye-laws.

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7. How WhatsApp Groups Create More Confusion Than Clarity

Whenever a court ruling goes viral, WhatsApp groups become battlefields. Many people share half-baked information without understanding the law.

Common misconceptions:

• “Court has said bigger flats must pay more.”

• “Now societies can change maintenance rules.”

• “Majority vote can change everything.”

• “Every complex is a society.”

In reality:

✔ Majority vote cannot override the law

✔ Apartment rules cannot be applied to societies

✔ Society maintenance must remain equal

WhatsApp discussions often create more arguments than solutions.

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8. Co-operative vs. Apartment: A Simple Example

Imagine two buildings:

Building A – Registered as a Co-operative Society

• All 100 flats must pay the same monthly maintenance.

• Even if a 4 BHK owner wants to pay more (or less), the law does not allow it.

• One vote per flat.

• Equal rights for all.

Building B – Registered under the Apartment Ownership Act

• Maintenance is based on area.

• A 2000 sq ft flat pays more than a 900 sq ft flat.

• Voting rights are also based on share percentage.

• Ownership structure is entirely different.

This simple example explains why the High Court ruling applies to only one category.

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9. What Should Your Society Do Now?

Step 1: Check your building’s registration

See whether your building is:

• A Co-operative Housing Society, or

• An Apartment Ownership Association

This will solve 90% of your confusion immediately.

Step 2: Follow the applicable law

If yours is a Co-operative Society:

• Equal maintenance is mandatory

• You cannot follow area-based billing

• Bye-laws must be followed strictly

If yours is an Apartment Association:

• You can legally charge maintenance proportionate to flat area

Step 3: Stop depending on forwarded messages

Legal matters should be understood through the laws, not through WhatsApp arguments.

Housing Society vs. Apartment Association

Simple Comparison

Feature	Housing Society	Apartment Association
Legal Act	Registered under Co-operative Societies Act	Registered under Apartment Ownership Act or Societies Registration Act
Ownership Structure	Society collectively owns the land & building	Individual owners own their flats and share common areas
Membership	Only flat owners can be members	All flat owners are members automatically
Role of Builder	Builder forms a society first, then hands it over	Builder forms association after completion or owners form it
Decision Power	Society has strong legal powers	Association has moderate powers but still legally valid
Bank Account	Must be in the name of the registered cooperative society	Must be in the name of association (RWA/AOA)
Legal Protection	Very strong due to co-operative law	Strong, but varies by state
Suitable For	Larger townships, co-operative structures	Regular apartments, gated communities

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1. What is a Housing Society?

A Housing Society is formed under the Co-operative Societies Act.
It works like a co-operative group of flat owners working together.

Key Features:

• Owned and run as a co-operative

• Land and building often owned jointly by the society

• Has strict rules and legal structure

• Must conduct elections, audits, AGMs

• Strong enforcement powers (penalties, maintenance recovery, etc.)

Common in:

Maharashtra, Gujarat, Delhi, etc.

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2. What is an Apartment Association?

An Apartment Association (RWA / AOA) is formed under:

• Apartment Ownership Act (state-wise)

• OR Societies Registration Act

Key Features:

• All flat owners automatically become members

• Manages building maintenance, security, bills

• More flexible than cooperative societies

• Used where cooperative society model doesn’t apply

Common in:

Karnataka, Tamil Nadu, Telangana, Kerala, etc.

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10. What NOT To Do

• Do not charge different maintenance based on flat size in a co-operative society

• Do not assume the Court decision applies to everyone

• Do not rely on majority vote to change legal rules

• Do not mix up two different Acts

• Do not start new charges without checking bye-laws

Legal compliance is more important than personal opinions.

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11. Why the Court Ruling Cannot Affect Societies in Future

The recent judgment is based entirely on the Apartment Ownership Act, 1970.

Co-operative societies operate under a different and older structure:

• Maharashtra Co-operative Societies Act, 1960

• Model Housing Bye-laws

Unless the government completely rewrites the law (which is highly unlikely), the rule of equal maintenance will remain unchanged forever.

Co-operative societies by design cannot operate on area-based contribution.

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12. The Bigger Picture: Peace Over Arguments

At the end of the day, housing communities function well only when:

• Rules are followed

• Members co-operate

• Disputes are avoided

• Harmony is maintained

Unnecessary arguments harm relationships and disturb the community environment.

The law is simple:

✔ Societies = Equal maintenance

✔ Apartments = Area-based maintenance

Accepting this difference will eliminate most disputes.

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Conclusion: Clear Law, Clear Responsibility

The recent High Court judgment does not change anything for co-operative housing societies.
It only clarifies the rules for buildings registered under the Apartment Ownership Act, 1970.

For co-operative societies:

• Maintenance must be equal

• Flat size is irrelevant

• Differentiated charges are illegal

• Bye-laws must be followed strictly

Residents should avoid unnecessary debates and understand that the goal of a society is cooperation, not competition.

A peaceful community begins with following the law and respecting equality.