Real Estate Update: Maintenance Levy In Condominiums

This case concerns a recent decision dated 4 August 2025 by the Bombay High Court in the case of Sachin Malpani and Ors. vs. Nilam Patil and Ors. The writ petition questioned the method of levying maintenance charges in a registered condominium under the Maharashtra Apartment Ownership Act, 1970 ("the Act"), and challenged the jurisdiction of the Deputy Registrar of Co-operative Societies in directing such charges to be apportioned based on undivided share.

Brief Facts

The petition stemmed from a dispute in the 'Treasure Park' condominium comprising 356 apartments. The petitioners, owning larger apartments (3BHK, 4BHK), objected to an order by the Deputy Registrar of Co-operative Societies, Pune, dated 8 July 2021, which directed that maintenance charges be levied proportionate to the undivided share of each owner, instead of the previously prevailing equal charge. The challenge was rejected by the Co-operative Court on 13 May 2022, prompting the present