Apartment maintenance by sq ft — can a group of owners challenge it? chances, time, cost? (kerala)

Maintenance of common area should (generally as well as logically) be as per super area of the flat and not on equal basis.

However, it would be appropriate to discuss the problem with a local prudent lawyer with MoU & AoA adoped by the Association for proper analyses of facts / documents, professional advise and necessary proceeding.

If you prepare yourself properly and present your case there is a good chance of winning. The Society's Registration Act is not the proper act for the registration of owners' associations. It is for voluntary associations. An owner's association is not a voluntary association. Maharashtra has Model Byelaws promulgated by the Registrar of Co-operative Societies. All Co-operative Housing Societies are required to adopt them. Under the Bye-laws all capital expenditures are shared in proportion to  the area of the flat. All current account expenditures such as common electricity, salaries of sweepers, watchmen and others, if any etc are shared equally by all members. The Society cannot arbitrarily collect any amount from you whatever the basis. They can collect only actual amounts paid or payable by them. For instance they know what amount is payable every month as salaries. They compute your share and send you bill for the amount. Otherwise your Society will become liable to pay income-tax like a land-lord.

I suggest that you get a copy the Model Byelaws from the Federation of Co-operative Housing Societies in Mumbai and go to court, if necessary.

It appears there could be no remedy under the Socieities Registration Act. Any how, you can make a representation to the Registrar and subsequently approach the High Court in a Writ petition. A civil suit is possible, but final disposal may require a couple of years.

The aggrieved owners  have to first exhaust the remedies within the association by raising the issue in the special or annual general body meeting of the association, once the general body rejects the proposal of the minority group by majority voting in favor of the committee, the aggrieved members can refer the matter to the deputy registrar of cooperative society for relief and remedy 

If you do not get any favorable response from the registrar also then you can plan to approach either the cooperative court with a suit for permanent injunciton restraining the association from imposing the maintenance charges on the basis of built up area and to adopt any other mode that is acceptable to all the members facilitating all the members to pay the maintenance charges equally and also a direction to the deputy registrar to pass instructions to the association accordingly as per provisins of law by a mandatory injunction. 

If you still want a faster relief you can approach high court with a writ petition against the deputy registrar for necessary relief and remedy and can implead the association as another respondent 

The apartments association is registered under the Societies Registration Act and not Co-operative Societies Act. Hence redressal of grievances through the Registrar of Co-operative Societies is ruled out. The association is an association of persons mainly formed to look after the affairs of the association. The subscripttion of the member should have a one is to one correspondence with each item of expenditure. The association is now collecting funds from the members just the way a landlord collects rent from the tenants. That is not permissible. In the whole of India only Maharashtra and Gujarat have laws in this regard. This is to the best of my knowledge.

You can challenge the maintenance hike, but success depends on the registered Declaration, sale deeds, and association bye-laws. If the KAOA, 1983 applies and Section 10 governs your building, area based charges may be difficult to change to an equal share system. First verify whether a registered Declaration exists and whether the ₹4 rate was properly approved. A civil court may be appropriate for challenging an unlawful assessment; the Registrar may help with procedural violations. Consult a local property lawyer before filing, as costs and timelines depend on the relief sought and complexity of the dispute.

You can even challenge KAOA, 1983. Cite Maharashtra bye-laws. Of course you may have to go to higher court. This problem is there all over the country. If you get a High Court or Supreme Court order it will help many.