No higher maintenance for bigger flats: Court

Justice V. R. Kulkarni of the Maharashtra Co-Operative Court recently issued a ruling, stating that housing societies cannot impose higher maintenance fees on owners of larger flats or shops. This decision came about after a case was filed by residents of a Worli, Mumbai housing society, who argued that their society was charging commercial units twice as much as residential units for common maintenance fees.

The aggrieved residents, including Mr. Shanbhag and Dr. Warke, also claimed that the society was charging for water connections even though some residents did not have one. Furthermore, the residents alleged that the society was poorly managed and that the process of awarding major repair contracts was flawed. The housing society responded by claiming that the residents who filed the lawsuit were in default on their maintenance payments, and that the society's separate rules for shops were accepted and signed by the allottees.

In the end, the court ruled in favor of the aggrieved residents, while finding that the society had not proven any additional services or expenses for the commercial units.