Equitable basis of apportioning maintenance costs in cooperative housing societies

Please remember that the Bombay high court has passed a judgment in the case before it and it cannot be considered as a rule replacing the existing rule of the WB Cooperative societies rule.

Every state has its own rules in this connection.

You have to go by the rules by which you are governed and cannot seek amendment just because the Bombay high couort has given a verdict in that case pertaining to matter governed under Maharashtra rules. 

I am member of a co-operating housing society in Mumbai for decades. According to the Model Byelaws approved by the Registrar for co-operation, contribution to the Sinking Fund, the Repair and Maintenance Fund and other contributions of a capital nature are in proportion to the carpet areas of the flats. Revenue expenditures like common electricity, salaries of employees etc are shared equally by all members. There are States where all expenditures are shared in proportion to the carpet areas only.  In the cited Bombay High Court judgment there may be specific reason for the judgment.

The prerogative to make laws are that of the legislatures and not of the courts. Where the law is not clear or different intrepretations are possible High Courts and Supreme Court give judgements according to their intrepretations. In fact legislatures have the power to undo judgments by amending the law.