For years, housing society maintenance charges have been among the biggest flashpoints in housing societies across Maharashtra, with residents often clashing over whether payments should be linked to flat size or shared equally among all members.
The proposed Maharashtra Co-operative Housing Society Rules, expected to be notified in the coming months, aim to end that confusion by clearly defining how different categories of maintenance charges must be recovered.
According to housing law experts, the rules largely reinforce existing Model Bye-laws but provide a dedicated legal framework to reduce arbitrary interpretations and recurring disputes.
Representation pic/istock
The big picture
>> More than 1.5 lakh co-operative housing societies operate in Maharashtra
>> New rules expected after translation and gazette notification process
>> Rules largely reaffirm principles already contained in Model Bye-laws
>> Dedicated chapter (Rule 106C onwards) explains maintenance calculations
The golden rule
>> Equality where the benefit is equal.
>> Proportionality where the burden is unequal.
What will be shared equally?
These expenses must be divided equally among all flats, irrespective of size:
>> Service charges
>> Staff salaries
>> Audit fees
>> Legal expenses
>> Stationery and administrative costs
>> Common electricity charges
>> Meeting expenses
>> Membership subscriptions
Lift charges
>> Equal contribution by all flats in the building
>> Payable even if a resident does not use the lift
Example
A 500 sq ft flat owner and a 1500 sq ft flat owner will pay the same service charges because both receive the same administrative and common services.
What will be charged according to flat size?
These expenses remain linked to carpet area, built-up area or property value:
>> Insurance charges
>> Lease rent
>> Non-agricultural tax
>> Repair fund
>> Sinking fund
Maintenance explained
Equal for all
>> Staff salaries
>> Audit fees
>> Lift maintenance
>> Common electricity
>> Administrative expenses
>> Education fund
>> Election fund
>> Garden and playground maintenance
Based on area
>> Insurance
>> Lease rent
>> Major repair fund
>> Sinking fund
>> Non-agricultural tax
Other charges
Water charges
Based on:
>> Number of water inlets
>> Size of water connection
Parking charges
>> Fixed by the society’s General Body
Interest on delayed payments
>> Applicable only to defaulters
>> Proposed cap: 12% simple interest per annum
Other key provisions
>> Non-occupancy charges capped at 10% of service charges
>> Lift expenses to be shared equally
>> Major repair fund to be collected on a pro-rata basis
>> Education and election funds to be shared equally
>> Garden and amenity maintenance costs to be shared equally
When will the rules come into force?
According to Advocate Parab:
>> English version approved
>> Marathi translation underway
>> Gazette notification pending
>> Implementation expected in the coming months
Why?
Larger flats represent a bigger share of the building structure and therefore carry a greater financial burden.
* This article was originally published here
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