Should the owner of a compact 2BHK flat pay the exact same monthly maintenance as the owner of a lavish 4BHK duplex in the same tower? This argument divides more general bodies than almost any other topic. Let's break down the statutory legal reality.
The Legal Framework: Model Bye-Law 67 Decoded
State cooperative departments (such as Maharashtra) have formulated clear, balanced rules under Bye-Law 67 to prevent arbitrary billing. The law does not adopt an extreme 'all per-sq-ft' or 'all equal' approach — it establishes an equitable hybrid model:
Equal Components: Security guard expenses, common electricity, lift maintenance, office salaries, and printing charges must be divided equally among all flats regardless of size, because a 4BHK resident does not utilize more security guards or lift trips than a 2BHK resident.
- Area-Based Components (Per-Sq-Ft): Sinking Fund (0.25% of flat construction value), Building Insurance, and structural repair funds are directly pegged to square footage because larger flats represent a larger asset footprint.
- Usage-Based Components: Water charges and DG units should ideally be metered based on actual consumption.
High Court Precedents on Arbitrary Equal Billing
In several landmark rulings, High Courts have struck down general body resolutions that attempted to charge purely flat-rate maintenance when it unfairly penalized smaller apartments for major capital reconstruction expenses.
Adopting a transparent hybrid ledger that breaks down fixed service charges versus proportional repair contributions protects committees from legal appeals.
Common questions
Can a society vote 100% equal maintenance if all members agree?
If all members unanimously agree, it may pass informally; however, if even a single small-flat owner challenges the resolution in Cooperative Court, area-based statutory minimums will be legally enforced.
Related DGate resources for society management
DGate provides a modern, all-in-one Society OS covering digital gate security, automated maintenance dues and accounting, resident communication, and facility management in a single subscription.
- Full DGate feature list (Gate management + Maintenance accounting in one plan)
- Transparent per-flat pricing, 1 month free trial, ₹999 compact minimum
- Visitor management system for housing societies
- QR gate pass and delivery management app
- Society security and guard desk management
- RWA management software for managing committees
Ready to modernize your housing society? Book a free live demo or download the DGate mobile app.
One plan for the gate and the books
DGate is society management software for India: visitor management, maintenance dues and ledgers, notices, SOS — in one published subscription. 1 month free, then per-flat bands with a ₹999/month compact minimum. Remote onboarding. Not forever free, not a module store.