If you live in an apartment in India, maintenance charges are generally mandatory once the building is occupied and an association or competent body is in place. These obligations arise from a combination of the Real Estate (Regulation and Development) Act, 2016 (RERA), state-specific apartment ownership laws (or societies acts), and the bye-laws of the Resident Welfare Association (RWA) or apartment association.
Legal Basis for Maintenance Charges
Across these frameworks, the consistent principle is that owners must contribute to the upkeep of common areas such as lifts, security, water systems, and shared infrastructure. Courts, including the Supreme Court in multiple rulings on cooperative housing and apartment associations, have upheld this principle that maintenance of common facilities is a collective obligation of all unit owners, regardless of usage or vacancy.
Owner vs. Tenant Responsibility
When a flat is rented out, the legal obligation toward the association typically remains with the owner, while the tenant's responsibility depends on the rental agreement. This allocation is recognised in practice under apartment bye-laws, tenancy contracts, and consumer dispute cases, where associations generally treat the owner as the primary member responsible for dues.
What Residents Can Legally Question or Challenge
There are specific situations where maintenance demands can be challenged or refused, depending on compliance with law and procedure:
- Before Occupancy Certificate (OC): Under RERA regulations and standard state rules, builders cannot impose full society-style maintenance before OC because the lawful handover of the project is not complete. However, limited pre-possession charges (if disclosed in the agreement and justified for upkeep of completed parts) may be permitted in some states and contracts. Consumer forums (under the Consumer Protection Act, 2019) and RERA authorities have repeatedly intervened against arbitrary pre-OC maintenance demands.
- Charges Not Disclosed in Agreement: RERA (especially Section 11(4) and related disclosure obligations) requires builders to clearly specify maintenance terms in the agreement for sale. Consumer protection law also treats undisclosed or hidden charges as an unfair trade practice. Therefore, charges not agreed or disclosed upfront can be legally disputed.
- Unilateral or Improper Increases by RWA: Under standard society/apartment bye-laws (based on state cooperative societies acts or apartment ownership acts), maintenance revisions require approval through a General Body Meeting or equivalent decision-making process. Consumer courts and cooperative dispute mechanisms have consistently held that unilateral increases without due process are not enforceable.
Where Residents Can Seek Redressal
Disputes related to maintenance can typically be raised through multiple overlapping legal channels:
- RERA Authority (mainly during builder control / handover phase issues)
- Consumer Commissions under the Consumer Protection Act, 2019 (for unfair charges, deficiency in service, or improper billing by builders/RWAs)
- Cooperative/Society Registrar or Apartment Authority (depending on state law structure)
- Civil courts, where broader property or governance disputes arise
These forums operate in parallel depending on whether the dispute is with the builder, the association, or involves contractual interpretation.
Final Legal Clarity (Important)
Maintenance is not optional once validly levied under governing law and bye-laws. But it must satisfy three conditions simultaneously:
- Legal authority (RERA / state law / bye-laws)
- Proper disclosure or approval
- Due process (especially for revisions)
If any one of these is missing, the charge can be challenged but not ignored outright without basis.
Ready to Make a Smarter Property Decision? Build Your Legacy with TOI Homes.
About the Author: TOI Business Desk
The TOI Business Desk is a vigilant and dedicated team of journalists committed to delivering the latest and most relevant business news from around the world to readers of The Times of India. The primary focus of the TOI Business Desk is to keep a watchful eye on the global business landscape, covering a wide spectrum of industries, markets, economic trends, in-depth analysis, exclusive reports and breaking stories that impact businesses and economies. With a mission to provide valuable insights and updates, the desk ensures that TOI readers are well-informed about the ever-changing and dynamic world of commerce and can navigate the complexities of the business world.
