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Maintenance charges to be billed to merged flats by Society (CHSL)
08-Apr-2026 (In Property Law)
Good day, In our society (Cooperative housing society) in Mulund, Mumbai, we have two cases of physically merged (2bhk+3bhk) two flats and also BMC plan/layout of both cases reflect one flat only. However, In first case, they have one agreement and one share certificate, stating one flat no. In second case they have two agreements and two share certificates for two flats. Kindly advise in both cases society should charge maintenance charges (service charges) for one flat or two flats.
In case 1: One agreement and one share certificate is legally One Unit.
In the 2nd case: Legally, two units continue to exist.
Physical merger is not equal to legal merger.
Per usual Maharashtra CHS practices (under Model bye-laws):
Service charges (common expenses) are levied typically per flat/unit ( ie. on equal basis)
Property tax / water / sinking / repair fund are often based on area (per sq. ft.)
Advice:
Case 1 (single legal unit): Charge maintenance/service charges as one flat
Area-based components will naturally increase.
Case 2 (two legal units): The Society is entitled to charge for two flats (at least for maintenance/service charges) even if they are physically merged.
Helpful?
Adv. Siddhesh Bhosle
Mumbai | 5+ Answers
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You need to check whether the approved plan for construction shows two or one flat and if they are showing different use that reference point and pass a resolution in AGM to charge them on the basis of that and the proportion of the area they acquire in the society rather than on the basis of acquired by the builder
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Adv. Moksh Jain
Mumbai | 100+ Answers
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