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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV
Sachin Malpani – Appellant
Versus
Nilam Patil – Respondent
Question 1? What is the proper basis for computing and levying maintenance charges among apartment owners in a registered condominium under the Maharashtra Apartment Ownership Act, 1970? Question 2? What is the jurisdictional validity of orders issued by Deputy Registrar of Co-operative Societies under Section 16A of the Apartment Act, and whether such orders can be sustained despite challenges to delegation and authority? Question 3? What is the relationship between the Deed of Declaration provisions and statutory provisions (Sections 6 and 10) in determining the share of undivided interest and distribution of common profits and expenses?
Key Points: - (!) Petitioners argued maintenance charges were levied equally; sinking fund differed by undivided share. - (!) Section 10 governs distribution of common profits and expenses according to undivided interest. - (!) Reading of Sections 6 and 10 with Deed of Declaration indicates undivided interest runs with the apartment and is proportional to value/area. - (!) Court held percentage of undivided interest in common areas is determined by Deed of Declaration and remains with the apartment. - (!) The Deed of Declaration must be followed; any modification requires another registered instrument. - (!) Deputy Registrar’s order (08.07.2021) upheld as proper interpretation under the Apartment Act. - (!) Larger flats’ owners have proportionally higher obligation, per Section 10 and Deed provisions. - (!) Twin judgments/order upheld; writ petition dismissed. - (!) - (!) Provisions defining common areas, common profits/expenses, and maintenance mechanics under Sections 6, 10 and related by Deed.
MILIND N. JADHAV, J.
1. Present Writ Petition takes exception to order dated 13.05.2022 passed by the Co-operative Court, Pune by which Appeal No.01 of 2021 filed by Petitioners under Section 16B of the Maharashtra Apartment Ownership Act, 1970 (for short “the Apartment Act”) was dismissed.
2. Brief facts germane for adjudication of the present Petition are as follows:-
2.1. The subject property from which dispute in the present Petition emanates is ‘Treasure Park’ which is a registered condominium of 11 buildings namely building ‘A’ to building ‘K’ comprising of 356 apartments registered under the Apartment Act. A Deed of Declaration dated 29.07.2011 was executed and registered subjecting the property to the provisions of the Apartment Act and also a Supplementary Deed of Declaration dated 31.05.2017 was executed and registered for additional construction. Deed of Apartment has been executed in consonance with the Deed of Declaration with each apartment owner.
2.2. According to Petitioners, in the condominium as per the resolutions passed by the General Body, maintenance charges were charged equally to all apartment owners irrespective of the area of their flat or their undi
The maintenance charges in a condominium must be proportionate to the undivided interest of each apartment owner in common areas and facilities, as governed by the Apartment Act.
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