123 BHK

Maharashtra Housing Society Maintenance Charges: Who Pays What? | 123BHK

Maharashtra Housing Society Maintenance Charges: Who Pays What? | 123BHK

Maharashtra Housing Society Rules Explained

Mumbai Housing Societies:
Who Pays What?

New Maharashtra Co-operative Society bye-laws finally clarify the maintenance charge debate — owners, tenants, builders, and societies each have a defined role. Here's the complete breakdown.

⚖️ Governed by MCS Act, 1960
🏢 Applies to all Mumbai CHS
📋 MOFA & RERA guidelines
💰 Max 21% p.a. late interest

If you live in a cooperative housing society in Mumbai or anywhere in Maharashtra, you've likely wondered — or argued about — maintenance charges. Should the owner pay even if the flat is locked? What about tenants? Who handles unsold flats? The Maharashtra Co-operative Societies (MCS) Act, 1960 and the model bye-laws under MOFA (Maharashtra Ownership of Flats Act) answer all of this. Here's exactly who pays what.


Who Is Responsible for Maintenance Charges?

Maharashtra's model bye-laws establish a clear chain of responsibility. Regardless of whether a flat is occupied, locked, or rented, maintenance must be paid. Here's each party's obligation:

🏠
Flat Owner / Member
Primary Payer
  • Pays all maintenance charges — even if the flat is vacant or locked
  • Legally obligated as a society member under MCS Act
  • Non-payment leads to 21% p.a. interest + legal action
  • Cannot deny liability by citing non-occupancy
🔑
Tenant / Licensee
When Flat is Rented
  • Pays monthly maintenance in place of owner (as agreed in rent agreement)
  • Enjoys all facilities: water, lift, gym, pool, parking
  • Cannot be charged more than the owner's rate
  • Owner still legally responsible if tenant defaults
🏗️
Builder / Developer
For Unsold Flats
  • Pays maintenance for all unsold flats in the society
  • Liability continues until the flat is sold and transferred
  • Cannot shift this burden to the society or existing members
  • Also responsible for 5-year structural defects under RERA
🏛️
Society / Committee
Collector & Manager
  • Collects maintenance from all members via demand notice
  • Must maintain transparency with itemised bills
  • AGM decides and approves annual maintenance budgets
  • Can initiate Sec. 101 recovery proceedings on default
Key Rule: Under MOFA bye-laws, society membership automatically triggers maintenance liability. So even if you bought a flat as an investment and have never stepped inside, you must pay every month.

All Components of Maharashtra Society Maintenance

Your monthly bill is not a single flat charge — it's a combination of heads. Each is calculated differently and governed by bye-laws 65–71 of the MCS model bye-laws:

Charge Head Basis Details
🏢 Service / Maintenance Fee Per Flat Staff salaries, admin expenses, stationery, office utilities
🔧 Building Repairs Fund Per Sq.Ft. Routine upkeep, plumbing, electrical, painting of common areas
💧 Water Charges Per Sq.Ft. Common meter usage divided among flats; collected on govt's behalf
💡 Common Electricity Per Flat Lifts, corridors, security lights, water pumps
🏦 Sinking Fund Per Sq.Ft. Min. 0.25% of construction cost p.a. — for major future repairs
🛗 Lift Maintenance Per Flat AMC charges, electricity, and running costs of lifts
🛡️ Insurance Per Sq.Ft. Building and infrastructure insurance premium
🚗 Car Parking Per Slot Only charged if you hold a designated parking space
🏛️ Non-Occupancy Charges % of Service Fee Max 10% of service charges — only when flat is rented to a non-family member
📚 Education & Training Fund Per Flat Mandatory statutory contribution
🗳️ Election Fund Per Flat Mandatory statutory contribution (₹10/flat/month)

3 Methods to Calculate Maintenance Charges

Under MOFA bye-laws, societies must use a hybrid model — some heads are per-flat, others are per-sq.ft. Societies cannot charge all heads on area basis alone.

📐 Calculation Methods

🏢
Flat-wise (Equal)
Same amount from every flat owner regardless of flat size. Simplest method, best for equal-sized units.
Total Cost ÷ No. of Flats = Monthly Charge per flat
📐
Area-wise (Per Sq.Ft.)
Cost allocated proportional to carpet/built-up area. Fairer for societies with mixed flat sizes.
₹1.50/sq.ft. × 1000 sq.ft. = ₹1,500/month
⚖️
Hybrid (MOFA Mandated)
Combines both — per-flat charges (service, lift, electricity) + per-sq.ft. charges (repairs, water, sinking fund).
Bill = Per-flat heads + Per-sq.ft. heads combined
Important: Cooperative housing societies in Maharashtra cannot charge all maintenance on a per-area basis. Courts have upheld that certain heads must be charged equally per flat.

Non-Occupancy Charges: When Do They Apply?

When a flat owner rents out their unit to someone outside their family, the society levies non-occupancy charges (NOC). These are separate from and in addition to regular maintenance.

🚨
NOC Charges Apply
Flat rented to a non-family member (tenant, licensee, or corporate lessee). Charged to the owner.
No NOC Charges
Flat occupied by the owner's family member (spouse, children, parents, siblings).
🔒
Vacant / Locked Flat
No NOC charges. But regular maintenance still fully applies — owner must keep paying.
📊

NOC Charge Cap: 10% of Service Charges

By law, non-occupancy charges cannot exceed 10% of the basic service charges.

Max 10%

Example: If your monthly service charge is ₹3,000, the NOC charge cannot exceed ₹300/month. Any society charging more than 10% is in violation of the Maharashtra Cooperative Societies Act and court orders.


What Happens If You Don't Pay?

Late payment of society maintenance isn't just a minor inconvenience — it carries legal and financial consequences:

⚠️

Late Payment Interest Rate

21% per annum

The MCS Act allows societies to charge up to 21% per annum simple interest on overdue amounts (or a lower rate if the General Body decides so). Interest accrues from the due date until full and final payment.

Legal action path: Secretary notifies committee → Committee initiates recovery under Section 101 of the MCS Act → Registrar issues recovery certificate → Recovery Officer may attach or auction your property.


Is GST Applicable on Society Maintenance?

GST on housing society maintenance in Maharashtra works on a two-threshold system:

📋 GST Applicability Chart — Maharashtra CHS
≤ ₹7,500/month per flat
No GST charged, regardless of society's total revenue
GST EXEMPT
> ₹7,500/month per flat
GST @ 18% applicable, but only if society's total annual revenue exceeds ₹20 lakhs
GST APPLICABLE
Property Tax & Electricity
Exempt from GST even if other charges attract it — these are reimbursements
ALWAYS EXEMPT

Frequently Asked Questions

My flat is locked and I haven't lived there in 2 years. Do I still pay maintenance?
Yes, absolutely. MOFA bye-laws are clear: membership in the cooperative housing society creates maintenance liability regardless of occupancy. You cannot claim exemption for a vacant flat. However, you are NOT liable for non-occupancy charges on a vacant flat — those apply only to rented flats.
The builder hasn't given possession yet but is asking for maintenance. Do I have to pay?
No. The Supreme Court has ruled that a buyer is not liable to pay maintenance until possession is formally handed over. The builder is responsible for maintenance of unsold or un-handed-over units. If you haven't received possession, demand a refund or refuse payment until possession is granted.
My society has not given me a maintenance bill. Can they still charge interest for late payment?
No. The Secretary must issue a proper demand notice or bill before the due date. If no bill is provided, you have the right to demand an itemised bill from the committee. Interest and penalties can only be levied from the due date mentioned in a valid notice.
Can the society increase maintenance charges without informing residents?
No. Any revision to maintenance charges must be approved either by the Annual General Meeting (AGM) of the society or by a majority vote. Unilateral increases by the committee without AGM approval are not legally valid.
Can our society deny amenities like lifts or water to maintenance defaulters?
The Bombay High Court has ruled that societies cannot selectively deny amenities to defaulters without following due process. The correct path is to initiate recovery under Section 101 of the MCS Act, not to cut off essential services unilaterally.

Bottom Line for Mumbai Homebuyers:
Whether you're an owner, tenant, or investor, Maharashtra law leaves little ambiguity. Owners always pay — even for empty flats. Tenants pay when they occupy. Builders cover unsold units. Societies must bill transparently, hold regular AGMs, and follow due process before taking action on defaults. Know your rights, read your bye-laws, and always insist on an itemised bill.

Maharashtra Housing Society Maintenance Charges: Who Pays What? | 123BHK

Add Your Heading Text Here

Compare