Vipul Patel (XYZ) 25 October 2021

Unequal maintenance in housing society

Sir,

I am owner of an apartment in a housing society in Ahmedabad. There are two types of apartments in the society. (A) Smaller (64 units) (B) Bigger (32 Ubits). I own a bigger apartment. The society has formed a rule that bigger apartment should pay higher maintenance charges. Hence, they are demanding higher maintenance charges from bigger apartment holders as compared to smaller units. All except me has paid higher maintenance charges.

But, as per my knowledge the maintenance charges should be equal in housing societies as all services are common to all. I have two points in my support. (1) There is "pro rata" word (Gujarati word "varade") used with reference to maintenance charges in my property registration documents (2) A judgement of Gujarat High Court ( Satyagrah Chhavani Housing Society, Ahmedabad Vs. Harendra Joshi, 5/4/2013 ) which clearly states that maintenance charges in housing society should be equal irrespective of house area. i.e. maintenance charges should be on "per unit basis". In this judgement, honorable judge has considered all aspects of the maintenance charges in housing society.

I am paying maintenance charges as per smaller apartments ( considering equal maintenance charges as per above two points). Now society is forcing me to pay the difference amount. They have started arm twisting technique (stopping some common services to my family) for the same. What should I do to prevent this discrimination and protect my rights?

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6 Replies

Dr J C Vashista (Advocate) 25 October 2021

Decision of majority in General Body meeting shall prevail accordingly you will be charged maintenance.

G.L.N. Prasad (Retired employee.) 25 October 2021

As you are in occupation of more space and more common area it is just and equal that maintenance charges may be a bit higher in those Flats. As you have such objections, the flat owners having less carpet area may have some objections. The GB might have gone into those aspects, practices followed with other societies, and made such rule that has to be followed and even your approach to a court, they may not entertain your version which is against a majority laid down rule.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 October 2021

owners of bigger flats do claim higher common facilities, because they accommodate more people. Housing societies were, hence, justified in levying maintenance charge on the basis of the flat's size. It also added that in case of housing societies, the decision of the majority would also prevail. The observation was based on the premise that all members of the association were also the owners of flats in the housing projects in question.

Kishor Mehta (CEO) 25 October 2021

While the local municipal property tax levies and water charges may vary according to the area of the flat and number of seperate water connections in a flat respectively, the maintenance charges of a co-operative housing society can onlly be charged per unit irrespective of the area of the flat. There are various Court judgments validating this contenction.

P. Venu (Advocate) 27 October 2021

Yes, there is cannot be any discrimination in collecting maintenance charges. The charges need to be uniform irrespective of the area of the apartment.

The decision of the Bombay High Court in Venus Co-operative Housing Society Ltd. v. Dr. J.Y. Detwan & Sunanda Janardan Rangnekar vs Rahul Apartment No. 11 could be reflied in this context.