The Bombay High Court has ruled that residents of flats in cooperative housing societies cannot refuse to pay monthly maintenance fees if they are using the building’s common facilities.
Justice Amit Borkar clarified that even if a resident living in a society flat is not the original owner, they are obliged to pay maintenance charges for services such as water supply, security, and cleanliness.
The case involved the Giri Chhaya Cooperative Housing Society, which challenged a January 2023 order of the Cooperative Appellate Court that had rejected the society’s claim to recover INR 12.25 lakh in arrears from resident Prakash Lalivala.
The society stated that after the death of Prakash Lalivala’s mother in 1992, her legal heir continued living in the flat but did not pay maintenance charges despite repeated requests. The society had attempted to recover arrears from 2009 to 2015 with 18% annual interest, but the Appellate Court dismissed the claim as time-barred.
Justice Borkar overturned the appellate court’s conclusion, stating that the obligation to pay maintenance fees is continuous and recurring. Since the society issued quarterly bills regularly and the residents never objected, the action to recover fees remains valid as long as the residents benefit from common facilities.
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