City Civil Court orders equal maintenance fee for all flats, stops associations from charging extra

City Civil Court rules that apartment associations cannot collect higher maintenance fees based on flat size and must levy uniform charges for all residents.

The Bengaluru City Civil Court has issued a clear directive stating that apartment associations cannot impose additional maintenance fees based on flat size, bringing major relief to many residents facing unequal charges. The ruling was delivered after long-standing confusion around built-up and super built-up area calculations resulted in fee disparities across several housing complexes.

The case began in 2020 when a resident of Purva Seasons Apartments, Rao, approached the court challenging the association’s decision to impose higher maintenance fees on larger flats. Initially, the builder had collected a uniform maintenance amount from all homeowners. However, after the association took charge, it revised the structure and began levying higher fees on units with greater square footage.

Also Read:Bengaluru rushes to find space as Supreme Court orders shifting of stray dogs to shelters

The court examined the issue and instructed associations to correct the confusion arising from built-up and super built-up area classifications. It further held that all flats must be charged the same maintenance amount, irrespective of size or layout. The ruling also guides associations not to amend bylaws in a way that enables differential charging.

According to the court order, maintenance expenses cover common services and amenities used equally by all residents, making uniform charges the fair and legal approach.

The decision is expected to influence several apartment communities across Bengaluru, where similar disputes have emerged over recent years.

Also Read:Rude prompts make AI perform better, but may harm communication norms: Study

The judgment also serves as a caution to associations that unapproved or unfair fee structures can be challenged and overturned, reinforcing transparency and accountability in residential management practices.