Sachin Malpani and Ors. Vs Nilam Patil and Ors. (Bombay High Court)
In a ruling with implications for apartment ownership and maintenance charges, the Bombay High Court has dismissed a petition by residents of Pune’s ‘Treasure Park’ condominium, upholding a lower court’s decision that maintenance fees must be charged based on the proportionate size and value of an apartment. The decision, handed down in the case of Sachin Malpani and Ors. vs. Nilam Patil and Ors., settles a long-standing dispute over whether all apartment owners in a condominium, regardless of flat size, should pay an equal amount for maintenance.
The dispute arose after a complaint was filed by a group of apartment owners with the Deputy Registrar of Co-operative Societies, alleging that the condominium’s practice of levying a uniform maintenance charge was in violation of Section 10 of the Maharashtra Apartment Ownership Act, 1970 (the Apartment Act). The Deputy Registrar, in an order dated July 8, 2021, directed the condominium to levy charges proportionate to each apartment owner’s undivided share. This decision was challenged by the petitioners, who own larger flats, in the Co-operative Court, which also dismissed their appeal. The petitioners then brought the matter to the Bombay High Court.
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