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Section 10 of MAOA & Deed of Declaration – Maintenance Charges

August 6, 2025 legaldeli

the Judgment dated 4.8.2025 of the Bombay High Court in Writ Petition No.9179 of 2022 of Sachin Malpani and others Vs. Nilam Patil and Ors.

The subject property is the “condominium” of 11 buildings comprising of 356 apartments registered under the Apartment Act.

As per the General body resolutions, the maintenance charges were equally charged to all apartment owners irrespective of their flat area.

Respondent Nos.1 to 5 filed complaint with the Deputy Registrar that the said charges are violative of Section 10 of the MAOA. By the Order dated 8.7.2021, the Deputy Registrar directed levy of maintenance charges proportionate to the undivided share of the apartment owners in terms of Section 10 of the MAOA.

The Cooperative Court, Pune, passed the order dated 13.5.2022 in the appeal of the petitioners under Section 16B of the Maharashtra Apartment Ownership Act, 1970.

The judgment hinges around clause 8(XVIII) of the Deed of Declaration and Sections 6 & 10 of the MAOA.

The dispute is not about the equal maintenance but applicability of Section 10 of MAOA in the facts of the case.

Clause 8(XVIII) provides for calculation of the share of individual owner based on the proportion of their Maintenance Corpus Fund contribution to the total MFC collected from all apartment owner(s) as per type of their flats as shown in para 8 of the judgment.

It was, therefore, found that the Deed of Declaration is in consonance with the Apartment. The Deed of Declaration being a registered document needs to be followed in view of the Apartment Act.

As a result, the owner of higher area of flat must contribute proportionately to the common maintenance charges as per section 10 of the Act.

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