Maintenance charges in partment

Sir, I am owner of a apartment on whitefield. The apartment has 151 flats (75 2 BHK + 75 3BHK). The old land owner and his family owns around 40 flats the the property. From the beginning of apartment which is some 2.5 years, we have been collecting maintenance at per sqft rate which makes the bigger apartment owners pay more. We around 20-25 3 BHK owners are fighting for a middle path so that our maintenance can become justifiable as large amount is spent in water, generator, STP, swimming pool, security, house keeping etc which is enjoyed equally by all. 2 BHK owners are opposing this as persqft benefits them We could not form any MC for pat 1 year for the same reason. Now they are trying to form and register a MC with support from old land owner so they can pressurize us to pay as per sqft model. We have now no other option but to go to court and want to know our legal stand. Is collecting maintenance as per square feet right even if the decision has been made by MC using voting etc. Can voting be used for financial items like this? is that legal?