Bengaluru’s XL Additional City Civil and Sessions Court ruled on November 20, 2025, that apartment associations cannot charge higher maintenance fees based on flat size for common services used equally by all residents. This landmark decision from the Purva Seasons Owners Association case in CV Raman Nagar mandates equal per-flat contributions for amenities like security, lifts, housekeeping, and water management. The ruling invalidates prior invoices under area-linked models and bars associations from disconnecting essentials to enforce disputed charges.
Case Background
Resident Arun Kumar Rao, joint-owner of a 1,523 sq. ft. flat in the 660-unit Purva Seasons complex, challenged a July 2020 Extraordinary General Body resolution. The resolution adopted a hybrid model: 25.95% of fees charged equally and 74.05% based on built-up area, shifting from the builder’s uniform Rs 20,000 annual advance per flat. Rao argued common services are consumed identically regardless of size, while the court flagged procedural flaws like unapproved virtual voting and area calculation errors.
Legal Basis
Under the Karnataka Apartment Ownership Act (KAOA) of 1972, Section 3(g) defines common expenses for shared areas, but Section 10 ties charges to undivided interest only where logically linked. Justice Veena N invoked the Venus Co-operative Housing Society precedent, stating no evidence shows larger flat owners use more security, lifts, or lighting. The court declared area-based fees for uniform services arbitrary and unlawful, emphasizing equal enjoyment by all members.
Key Impacts
- Invoices from May to December 2020 under the hybrid model were struck down, requiring recalculation on an equal pro-rata basis.
- Associations cannot amend bylaws for differential charging without rational service linkage; structural repairs may still use area-based methods.
- The verdict influences Bengaluru’s apartment disputes, sparking demands for KAOA updates amid rising tensions in complexes.
Broader Context
This civil court decision contrasts with KAOA norms allowing proportional charges for some expenses, but prioritizes equity for daily operations. As Bengaluru’s real estate grows, the ruling promotes transparency, with potential statewide effects pending Karnataka Apartment Bill 2025 discussions. Residents in similar setups can now challenge unfair levies more confidently.
Bengaluru Court Mandates Equal Maintenance Fees for All Flats, Irrespective of Size added by admin on
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