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Home / Maintenance Charges Under Maharashtra Apartment Ownership Act Cannot Be Modified By Flat Owners’ Resolution: Bombay High Court

Maintenance Charges Under Maharashtra Apartment Ownership Act Cannot Be Modified By Flat Owners’ Resolution: Bombay High Court

The Bombay High Court has held that apartment owners in a condominium must pay maintenance charges for common areas in proportion to their undivided interest, as required under Section 10 of the Maharashtra Apartment Ownership Act, 1970. It ruled that this statutory requirement cannot be modified or overridden by resolutions passed by the association of apartment owners seeking to impose different  maintenance charges than what was decided earlier.