The judgments detailed in this article pertain to the law laid down by the legislature and expanded by the judiciary on maintenance charges collected by housing societies in India. It is common practice in most modern housing societies to set up a managing body which collects periodic charges from residents for the maintenance and upkeep of the societies and their common utilities. The quantum of these charges often varies depending upon the utilities and amenities being offered by a housing society to its residents and this is often calculated based on different methods.
The Supreme Court has decided on numerous issues such as the legality of levying maintenance charges from residents and the rights of societies to collect arrears. The Supreme court has also decided upon the issue of whether maintenance charges fall under the definition of rent. In another judgment, the Supreme Court decided an action arising out of non-payment of repairs and maintenance charges.
In a landmark judgment, the Supreme Court considered the definition of the term ‘rent’ and held that it was comprehensive enough to include the provision of all amenities agreed to be provided to the resident at the cost of the landlord. Further, in another decision, the Supreme Court held that members of a society are liable to pay such dues as determined by a society towards the maintenance and upkeep of flats and common utilities. The Supreme Court also recognised the rights of a society to collect the arrears and costs from members who failed to pay such dues on time.
The judgments mentioned in this article discuss the legality and law related to the collection of maintenance charges by housing societies in India in relation to property law and rent control legislations in India.
It is imperative to understand the legality and the guidelines which govern the collection and payment of society maintenance charges in India to ensure you are not being duped or wronged by the societies under the garb of maintenance charges. The expertise of a trained legal mind can help you understand the law on this aspect and ensure your rights are not being violated. Therefore, it is quintessential to engage the services of a good civil lawyer to make and present your case before a court of law in case of any disputes regarding the society maintenance charges.
185+ Lawyers are online 
