Bombay High Courts Ruling on Maintenance Charges: No Impact on Co-operative Housing Societies in Maharashtra 

Author: Team CS Lawship.in

The Honorable Bombay High Court recently delivered a notable ruling regarding the collection of maintenance charges by apartment condominiums. According to the Write Petition No. 9179 / 2022 and judgment dated 4th July 2025, apartment condominiums must levy maintenance charges based on the size area of each flat. This development has led to considerable confusion across various housing societies in Maharashtra, with many mistaking its applicability to co-operative housing societies as well. 
News Coverage and Resulting Confusion:
Following the judgment, several leading newspapers published reports stating that all housing societies must now charge maintenance fees in proportion to the area of each flat. This widespread coverage has unfortunately triggered disputes and misunderstandings in numerous co-operative housing societies, especially regarding the legal validity of their existing equal maintenance fee structure.
Clarification from CS Lawship Legal Team:
To address this confusion, the legal team at CS Lawship has issued a detailed clarification on the implications of the Bombay High Courts judgment. It emphasizes that the ruling is strictly applicable to apartment condominiums governed under a different legal framework and does not extend to co-operative housing societies.

Key Points from the Clarification:

1. Difference Between Condominium and Co-operative Housing Society:
   • Apartment condominiums are governed under The Maharashtra Apartment Ownership Act, 1970.
   • Co-operative housing societies operate under The Maharashtra Co-operative Societies Act, 1960 and follow the Model Bylaws.
   • Therefore, the statutory basis and operational rules, including how maintenance charges are applied, differ for each.
2. Legal Interpretation on Maintenance Charges:
   • The Bombay High Court has permitted apartment condominiums to levy maintenance charges on a pro-rata basis, i.e., based on flat size.
   • However, cooperative housing societies are bound by Model Bylaws Nos. 65,66 & 67,which mandate equal maintenance charges for all units regardless of area.
   • Thus, this ruling has no bearing on co-operative societies governed under MCS Act, 1960.
3. Advisory for Society Members and Committees:
   • Members and committee office bearers must first confirm the legal status of their society :whether it is a registered co-operative housing society or an apartment condominium.
   • Relying solely on news headlines without examining legal context can lead to misinterpretation and unnecessary disputes.
   • Societies are advised to consult legal professionals before making any changes to their maintenance structure.

The Bombay High Courts decision on size based maintenance charges applies solely to apartment condominiums and not to co-operative housing societies registered under the Maharashtra Co_operative Societies Act, 1960. Each society should therefore determine its governing legislation before taking any action based on media reports or general interpretation of court rulings.
 

To ensure clarity and avoid legal complications, management committees and members are encouraged to seek expert legal advice and view the official clarification video for further guidance.
Ownership and Title

• Condominium: You receive a direct legal title to your apartment through a Sale Deed, making you the owner of that specific unit. You also have a proportionate, undivided interest in the common areas and facilities like the land, lobby, and garden. It is similar to owning a standalone house.
• Co-operative Housing Society (CHS): The entire property (land and buildings) is owned by the Co-operative Society. When you buy an apartment, you are actually buying shares in the society. The society then allots a specific flat for your use through an occupancy agreement. You are a shareholder, not a direct owner of the real estate.

Governing Law and Documents

• Condominium: Governed by The Maharashtra Apartment Ownership Act, 1970. The key document is the Deed of Declaration, which establishes the condominium, and each owner gets a Sale Deed for their apartment.
• Co-operative Housing Society (CHS): Governed by The Maharashtra Co-operative Societies Act, 1960 and its Model Bye-laws. The key document is the Share Certificate issued by the society to its members.

Summary Table

Bombay High Courts Ruling on Maintenance Charges