Housing Society Rules: Why Maintenance Charges Are Equal for All Members in Co-operative Societies — Regardless of Flat Size

In India’s urban housing landscape, disputes over maintenance charges are as common as parking space arguments or festival decoration debates in the lobby. While residents often unite over community celebrations, they frequently disagree when it comes to money — especially how much each flat owner should pay for building upkeep.

This disagreement has resurfaced in recent weeks due to a Bombay High Court ruling concerning a well-known Pune apartment complex — Treasure Park, home to 356 members. The court’s decision reignited conversations in housing WhatsApp groups, sparking confusion and heated debates:

  • Should larger flats pay more maintenance?

  • Does the High Court decision apply to all housing setups, including co-operative societies?

  • Or is this ruling relevant only to apartment ownership models?

To answer these questions, we need to clearly understand the legal difference between co-operative housing societies and apartments under the Maharashtra Apartment Ownership Act, 1970, because the rules for maintenance charges are very different.

1. Why Maintenance Charges Exist in the First Place

Before we discuss legal technicalities, let’s start with the basics.

Every residential community — whether an apartment building or a co-operative society — needs to maintain certain common facilities and services. These include:

  • Water supply (for common areas, gardens, or tanks)

  • Electricity (for corridors, lifts, parking, and other shared areas)

  • Security (guards, CCTV monitoring)

  • Lift operation and maintenance

  • Cleaning and housekeeping of common areas

  • Repairs for the building structure, drainage, and other infrastructure

  • Gardening and landscaping

  • Community amenities such as gyms, clubhouses, or swimming pools

These services cost money every month. Since everyone benefits from them, everyone is expected to contribute — but how much each person pays depends on the law under which your building is registered.

2. The Recent Bombay High Court Decision: What It Really Said

The Bombay High Court recently ruled in the case of Treasure Park Apartments that maintenance charges in apartment buildings can be calculated based on the flat’s carpet area (i.e., the size of the apartment).

The reasoning behind this is straightforward:

  • Under the Maharashtra Apartment Ownership Act, 1970 (MAOA), each flat owner has a proportionate undivided share in the common areas.

  • This share is linked to the value of the flat, which is usually based on its size.

  • Therefore, someone owning a larger apartment has a bigger ownership stake in the building’s common property and consequently pays more towards maintenance.

This also affects voting rights in the apartment association — bigger ownership stakes mean more voting power.

So, if you live in an apartment registered under the 1970 Act, and you own a 4BHK twice the size of your neighbor’s 2BHK, you will legally pay more maintenance.

3. Why This Judgment Does Not Apply to Co-operative Housing Societies

Here’s where confusion arises:
Many people think that an “apartment” and a “housing society” are the same thing. In everyday conversation, even apartment residents say “Our society.” But legally, they are not the same.

  • Apartment → Governed by the Maharashtra Apartment Ownership Act, 1970.

  • Co-operative Housing Society (CHS) → Governed by the Maharashtra Co-operative Societies Act, 1960 and its Model Bye-Laws.

In co-operative housing societies, there is a well-established legal principle:

All members must pay equal maintenance charges, regardless of their flat size or usage type (residential/commercial).

This means:

  • Whether you own a 2BHK or 4BHK, the basic monthly maintenance for services like security, lighting, and cleaning is the same.

  • Charging different amounts based on area is considered illegal under CHS rules.

This rule is so firmly embedded that societies cannot change it through a general body resolution — even if all members agree, it will not override the law.

4. Why Societies Follow the “Equal Maintenance” Rule

The logic is based on equal access and benefit:

  • A security guard does not protect a larger flat more than a smaller one.

  • The lift does not cost more to operate for a penthouse than for a studio flat.

  • Lighting in common corridors benefits everyone equally.

  • Garden upkeep or clubhouse cleaning is for the community, not linked to your carpet area.

Therefore, it is considered fair that everyone contributes equally for these common benefits.

However, this does not mean all charges are equal.

5. Charges That Can Vary by Flat Size in a Society

While general maintenance is equal, some specific charges in a CHS can be calculated based on the flat’s area. The Model Bye-Laws allow for area-based calculations in cases like:

  • Property tax share (if billed collectively by the municipality)

  • Water charges (if charged based on consumption or area)

  • Insurance premium (for the structure, proportional to the size of the unit)

  • Sinking fund contribution (for long-term structural repairs)

  • Repairs & maintenance fund for major works (when calculated as per square feet)

So, in practice:

  • You might pay equal monthly society maintenance but

  • Area-based contributions may appear once or twice a year for specific expenses.

6. Apartment vs. Society: A Side-by-Side Legal Comparison

Feature Apartment (MAOA 1970) Co-operative Housing Society (MCS Act 1960)
Ownership Individual ownership of the flat + proportionate share in common areas Society owns the land/building; member has occupancy rights
Maintenance Basis Area-based (larger flat = higher charges) Equal for all members (certain exceptions for specific charges)
Voting Rights Proportionate to ownership share One member = one vote
Transfer of Ownership Through deed of apartment Through transfer of shares in society
Governing Document Deed of Declaration Society bye-laws

7. Why Confusion Persists in WhatsApp Groups

The confusion is mainly because:

  • People often use the term “society” for all housing complexes in casual talk.

  • Many residents do not know under which law their building is registered.

  • Media headlines about court rulings don’t always mention the legal framework.

  • Some residents think larger flats should pay more because “it feels fair,” without realizing what the law mandates.

This leads to pointless online debates that waste time and create unnecessary friction among neighbors.

8. Practical Advice for Members

If your building is debating this issue, here’s a simple action plan:

  1. Check Registration Type

    • Ask your managing committee for the registration certificate.

    • It will clearly mention whether you are a Co-operative Housing Society or an Apartment Association.

  2. Refer to Applicable Law

    • If CHS → Follow Model Bye-Laws and MCS Act rules.

    • If Apartment → Follow MAOA provisions.

  3. Separate Emotional Fairness from Legal Fairness

    • Laws are based on specific principles. Even if you think “bigger flats should pay more,” in a CHS that’s not legal for general maintenance.

  4. Avoid Personal Disputes

    • Maintenance disagreements often lead to hostility. Keep discussions fact-based.

  5. Document Decisions

    • Always pass resolutions in the Annual General Meeting (AGM) and record them in the minutes for transparency.

9. The Key Takeaway

The Bombay High Court’s Treasure Park ruling applies only to apartments under the 1970 Act — not to co-operative housing societies.

If you live in a CHS, everyone pays the same maintenance for common services. Flat size does not matter, except for specific charges allowed by the bye-laws.

So, before launching into a heated argument on your society WhatsApp group, check your building’s legal status. You might discover that the “debate” is unnecessary — and your mental peace is worth more than winning an online argument.

10. Final Thought

Laws, like weather, don’t always suit everyone’s preferences. But we can’t simply ignore them when they feel inconvenient. Whether you’re in a CHS or an apartment complex, knowing your legal rights and obligations prevents misunderstandings, saves relationships, and keeps your community functioning smoothly.

In the end, housing societies and apartment associations exist to create harmonious living — not constant battles over who pays how much for cleaning the lobby.

So, understand the law, follow it, and save your energy for more important community discussions — like whether the Ganesh Chaturthi decoration should be traditional or modern this year.

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