Maintenance charges of a flat in co.op. housing society

SALIM BILAWALA (Querist) 26 March 2021 This query is : Resolved
Though I have received reply from one of the lawyers, I am not satisfied with reply. IN 2012 the high court gave a judgement stating that the maintenance charges should be same for all then premises irrespective of area as the common charges i.e. security, lift maintenance, electricity of the society, manager's salary, office expenses, and other common charges shall be same for all occupants except repairs which are based on areas and municipal tax which is separate for each premise.

Kindly therefore look into the judgement and clarify exactly the meaning of this judgement.

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This discussion clarifies maintenance charges in co-operative housing societies, referencing a 2012 High Court judgement. The core argument is that common charges like security, lift maintenance, and staff salaries should be levied equally across all flats, irrespective of their area. Charges for repairs and municipal taxes, however, are acknowledged as variable and should be calculated separately based on area and individual property value.

kavksatyanarayana (Expert) 28 March 2021
Judgment is not available here. I opine as per housing society rules, the maintenance charges for all the flats in society are equal. Here the maintenance charges mean security, lift, manager salary, scavenger salary etc,. Electricity charges are different because the charges based on a reading of the Sub-meter. It does not include maintenance charges. Repairs require not to all and only for some. so they shall not include in maintenance charges. Municipal tax charges depend on the plinth area of the flat. so it does not include in maintenance charges.

Dr J C Vashista (Expert) 29 March 2021
The judgment is unambiguous and crystal clear, where all occupants shall have to pay maintenance charges equally irrespective of area excluding repairs and municipal taxes.

ashok kumar singh (Expert) 29 March 2021
agreed with earlier views of experts here, therefore no comments.
thanks

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