Housing Society cannot charge maintenance fee from members on the basis of property area (per square feet) of members. The Housing Society shall levy maintenance charges from the members as prescribed in Model Bye-laws No. 65-71. The ownership of the land is in the name of the housing society.
Water charges are charged on the basis of total number and size of inlets provided in each flat.
Common electricity charges include all the electricity charges on account of compound lighting, borewell electricity expenses,, salary of lift operators, passage lighting, lift electricity expenses etc., which should be divided equally amongst all members respective of their flat size.
Maintenance charges are applicable according to the area of the area of a flat under the Maharashtra Maharashtra Apartment Ownership Act, 1970 but not to one registered under the Cooperative Societies Act.
Generally two methods of charge maintenance to members of Housing Society and owners Apartment Association.
1) On the basis of are of property (square feet) (owners Apartment Association)
Under the Maharashtra Owners Apartment Act, 1970 one has to pay maintenance as per the percentage of ownership in proportion to the common areas and pay as per square feet.
On the basis of provision of Model bye-Laws Number 65-71 of Co-operative Housing Society.
How Society’s maintenance has to be charged is explained in Part IX, Bye-laws 65 to 71 in the Bye-laws book of the year 2014.
Under the Maharashtra Owners Apartment Act, 1970 one has to pay maintenance as per the percentage of ownership in proportion to the common areas and pay as per square feet.
The maintenance charge for a housing society is usually calculated based on a number of factors, including the size of the apartment or house, the amenities provided in the society, and the cost of maintenance of the common areas. Applicable provisions of law ( Maharashtra Cooperative Act, 1960 & Maharashtra Owners Apartment Act, 1970)