Karnataka, India · property

Can Apartment Association Charge Equal Maintenance in Bangalore, Karnataka?

Struggling with high, unequal maintenance fees just because your flat is larger? Under recent landmark rulings in Karnataka, apartment associations cannot charge unequal fees for common amenities that everyone uses equally.

The Law in Karnataka: Equal vs. Square-Foot Maintenance

For years, apartment associations across Bangalore, Karnataka, have forced owners of larger flats to pay significantly higher maintenance fees based on square footage (super built-up area). This practice has caused widespread stress, forcing residents of 3BHK or 4BHK apartments to pay double the maintenance of a 1BHK, despite using the exact same lifts, security guards, swimming pools, and clubhouse facilities. Managing committees often claim this unequal billing is mandatory because larger flats hold a larger Undivided Share (UDS) of the land under the Karnataka Apartment Ownership Act (KAOA), 1972.

However, the legal landscape in Bengaluru changed dramatically with a landmark ruling. In the case of Arun Kumar Rao v. Purva Seasons Owners Association (O.S. No. 5482/2020), decided on November 20, 2025, the XL Additional City Civil and Sessions Judge in Bengaluru ruled that apartment associations cannot compel residents with larger built-up areas to pay higher maintenance fees for common amenities and services. The court declared that since all residents enjoy common services equally, charging different rates based purely on flat size is arbitrary, unfair, and legally unsustainable.

When Can Different Charges Still Apply?

The court's ruling draws a clear line between 'common facilities' and other components of apartment upkeep. Common services—such as 24/7 security, lift electricity, housekeeping of corridors, garden maintenance, and gym operations—do not change based on the square footage of your flat. Because these services are consumed equally, they must be billed as an equal flat rate across all units, regardless of their size.

On the other hand, certain expenses that scale with the size of the property—such as structural insurance or specific sinking funds tied to the reconstruction value of the building—may still be calculated based on square footage if clearly defined in the association's registered bye-laws. However, associations cannot use a blanket hybrid model to sneak in high charges for shared facilities under the guise of square-foot billing. Any bye-law amendment that seeks to enforce unequal charges for common services is legally vulnerable.

How to Challenge Your Association's Unfair Billing

If your managing committee is ignoring the Bengaluru City Civil Court's guidelines and continuing to send you inflated, square-foot-based maintenance invoices, you have the legal right to challenge them. You do not have to accept arbitrary resolutions passed by a majority vote in an Annual General Meeting (AGM); the courts have established that majority votes cannot validate unfair or discriminatory billing structures.

To protect your rights, you must build a clear paper trail, formally object to the committee, and prepare for legal escalation if they refuse to comply. You can use Caunsel to research these specific Karnataka property standards, safely save your monthly bills and written communications in a digital case folder, or connect with an independent, qualified property lawyer in Bangalore to draft a formal legal notice.

Steps

• Obtain a copy of your apartment association's registered bye-laws under the Karnataka Societies Registration Act, 1960, and compile your last 12 months of maintenance bills.
• Calculate the exact difference between what you are paying per month versus what smaller units pay for the same common services, highlighting the unfair disparity.
• Submit a formal written objection or email to the managing committee's President and Secretary, explicitly citing the November 2025 Arun Kumar Rao v. Purva Seasons Owners Association ruling.
• If the committee ignores your notice or threatens to restrict your access, consult an independent property lawyer to issue a formal, legal cease-and-desist notice.

Common mistakes

• Stopping all maintenance payments entirely in protest, which allows the association to legally label you a defaulter and potentially charge high interest penalties.
• Assuming that because a majority of residents voted for square-foot maintenance in an AGM, the decision is legally binding and cannot be challenged in court.
• Relying on verbal arguments or WhatsApp group messages to voice your objections instead of maintaining a formal, written paper trail via email or registered letters.

Questions people ask

Can my Bangalore apartment association charge equal maintenance even if some flats are 2BHK and others are 3BHK?

Yes. Under the November 2025 Bengaluru City Civil Court ruling, associations are expected to charge equal maintenance fees for common services and amenities, because all residents enjoy these shared facilities equally regardless of flat size.

What if our association's registered bye-laws explicitly mandate square-foot-based billing?

Even if the bye-laws state this, the court has ruled that billing structures for common amenities must be fair and non-arbitrary. You can legally challenge these bye-law clauses in a civil court, which has the power to declare them null, void, and non-binding.

Can the managing committee cut off my water or electricity if I dispute the maintenance charges?

Absolutely not. Water, electricity, and essential elevator access are considered basic rights. Both the Karnataka High Court and consumer forums have consistently ruled that apartment associations cannot disconnect essential utilities over a financial dispute.

General information only, last updated 2026-10-05. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Karnataka, India.