Locked Flat, Still Maintenance? Why Housing Societies Can Legally Charge You — Full Guide for Flat Owners

Many people today buy flats as an investment—sometimes in another city, sometimes for future use. The property may remain locked for months or even years. In such a situation, a very common doubt arises:

👉 “If I am not living in the flat and not using any facilities, why should I pay maintenance?”

This question often becomes a reason for disputes between housing societies and homeowners. This article will help you understand the complete legal and practical picture regarding maintenance charges on unused flats, especially in Maharashtra.

Locked Flat, Still Maintenance? Why Housing Societies Can Legally Charge You — Full Guide for Flat Owners

Why Maintenance Charges Cannot Be Avoided

Housing societies function as a shared community system. All residents benefit from clean common areas, security services, electricity for lifts and corridors, water supply, and regular repairs.

Even if one flat remains unused:

  • The society still incurs expenses

  • The infrastructure still supports the flat, such as pipelines, electricity systems, parking, and security

  • The cost of running society never stops

If every unused flat owner refused to pay, the society would collapse financially. Therefore, the law requires equal participation from every member.

Legal Provisions You Must Know

Two important legal frameworks govern this issue:

✔ Maharashtra Apartment Ownership Act, 1970

This law states that every owner must contribute towards:

  • Common area maintenance

  • Repairs and upkeep

  • Sinking fund for long-term capital expenses

There is no exemption for unused or locked flats.

✔ Maharashtra Cooperatives Act and Government Circulars

These rules emphasise that:

  • Maintenance is mandatory for every owner

  • “Non-occupancy charges” are allowed only in specific conditions

Non-Occupancy Charges: What Applies and What Does Not

Society management often confuses this term. Here is the correct interpretation:

Situation Maintenance Charges Non-Occupancy Charges Allowed?
Flat locked and unused Must pay ❌ Not allowed No extra charges
Flat rented to tenants Must pay ✔ Allowed (Up to 10% of maintenance) Legal
Flat used by close family Must pay ❌ Not allowed Family is exempt

Non-occupancy charges apply only when the flat is rented out, as usage by tenants increases wear and tear on common facilities.

Locked flats cannot be penalised with extra charges.

Why Sinking Fund Is Also Mandatory

Many owners believe:
“If I am not staying there, why should I contribute to future repairs?”

But the sinking fund is not based on usage — it is based on ownership of the property.

This fund is used for major future works like:

  • Structural repairs

  • Water tank replacement

  • Painting buildings

  • Lift modernization

  • Fire safety upgrades

Since such improvements increase your property value, every owner must contribute — including investors.

Common Conflicts and How to Avoid Them

Housing society disputes mostly arise due to:

  • Lack of understanding of legal rules

  • Miscommunication

  • Unfair or arbitrary charges by some societies

How to resolve issues smoothly:

✔ Ask society for charge breakup in writing
✔ Refer to government guidelines and housing acts
✔ Raise concerns in Annual General Meetings
✔ Keep copies of all communications and receipts

Most conflicts can be avoided when both parties follow rules fairly and transparently.

A Practical Scenario

Imagine a society with 200 flats. Out of these:

  • 50 flats are locked and owners refuse to pay maintenance

Then:

  • Lift, security, and cleaning salaries still need to be paid

  • Remaining members suffer increased financial burden

  • Harmony in society gets disturbed

➡ That is why law protects the society’s financial stability.

Key Takeaways

Question Answer
Do I need to pay maintenance if my flat is locked? ✔ Yes
Can society charge non-occupancy fee for locked flats? ❌ No
Is sinking fund compulsory? ✔ Yes
Can I demand discount if I don’t use facilities? ❌ No
Is this supported by law? ✔ Yes

Final Conclusion

Whether you live in your flat, keep it locked, or use it as an investment — maintenance and sinking fund payments are legally compulsory. These charges ensure the society continues functioning smoothly for everyone.

However, extra non-occupancy fees can only be charged when the flat is rented, not when unused.

By understanding the rules and cooperating with your society, you can protect your investment and maintain peaceful relations with your community.

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