Guidelines for housing society maintenance
Amit Vatkar (Adilife Polyclini
(Querist) 12 October 2026
This query is : Open
Dear Sir/Madam,
I am Dr. Amit Vatkar, owner of a commercial unit in a registered mixed-use co-operative housing society comprising residential flats and commercial premises. I write to seek guidance from your office regarding the principles that should govern the levy and apportionment of maintenance charges where commercial and residential units differ substantially in terms of access, infrastructure, services, and amenities.
The commercial units in our society are situated separately from the residential wings and have independent access directly from the public road. Commercial owners do not enter through the society's main residential entrance or exit gates, nor do they have access to the residential wings.
Access to the residential wings is controlled through a fingerprint/biometric access system, effectively restricting commercial unit owners from entering these areas except where specifically authorised. Consequently, the residential lifts, internal lobbies, corridors, and other common areas within the residential wings are not available for use by commercial members. Since access itself is restricted, the residential lifts cannot be used by commercial unit owners.
The commercial portion has a separate lift serving only the Ground and First Floor commercial area. As required by the society after its formation, the commercial unit owners separately bear the Annual Maintenance Contract (AMC) charges and electricity expenses of this lift.
Similarly, housekeeping and security arrangements for the commercial area are maintained separately. Commercial owners do not receive housekeeping or security services provided within the residential wings.
The society also has residential amenities such as a swimming pool, gymnasium, recreation room, podium, landscaped internal areas, and other facilities situated within the residential section. As a matter of policy and building layout, these amenities have not been provided to commercial shop owners and are not accessible to them.
Despite these differences, maintenance charges are levied upon commercial units using a percentage-based approach linked to the residential maintenance structure. In addition, certain charges, including water charges, appear to be determined solely on the basis that the premises are classified as "commercial", rather than on objective factors such as actual consumption, the size of the water connection, or the number of water inlets/outlets serving the premises.
In these circumstances, I respectfully seek guidance from your office on the following general principles:
1. Where commercial premises have separate access, separate infrastructure, separate maintenance arrangements, and restricted or no access to residential facilities, what are the principles that should govern the levy and apportionment of maintenance charges?
2. Should a co-operative housing society first identify and classify expenditure into:
- common expenses applicable to all members,
- residential-specific expenses, and
- commercial-specific expenses,
before determining the maintenance payable by each category of members?
3. Is it appropriate for a society to determine maintenance payable by commercial units merely by applying a fixed percentage of the residential maintenance, or should such charges be supported by a rational allocation of expenditure based upon the services, infrastructure, and amenities actually provided?
4. Are there any general principles, departmental guidelines, circulars, or administrative instructions followed by the Co-operation Department in such situations?
I wish to clarify that I am not seeking adjudication of any individual dispute through this representation. My objective is only to understand the correct legal and administrative approach so that such matters may be resolved fairly, transparently, and in accordance with the Maharashtra Co-operative Societies Act, 1960, the Rules framed thereunder, and the applicable Model Bye-laws.
The issue appears to affect several mixed-use co-operative housing societies where commercial premises are structurally segregated from residential premises. An administrative clarification from your office would assist societies and members in uniformly applying the provisions of the Maharashtra Co-operative Societies Act and Model Bye-laws.
I would be sincerely grateful for any guidance, observations, or direction that your office may be able to provide. Such guidance would greatly assist both societies and commercial members in ensuring that maintenance charges are determined on fair, transparent, and legally sustainable principles.
Thank you for your valuable time and consideration. I look forward to your kind
