Upkeep Maintenance Responsibility in Housing Societies & Legal Steps for Non-Payment
Living in a housing society is like being part of a big team. Everyone shares the building, gardens, lifts, and security. To keep everything working, everyone must pay upkeep maintenance charges. These are also called housing society maintenance charges.
When some members don’t pay, it causes problems for everyone. Let’s see who should pay, how charges are calculated, and what legal steps exist if people refuse.
What is Upkeep Maintenance?
Upkeep maintenance is money collected to keep the building safe, clean, and in good shape.
It covers things like:
- Cleaning staircases and lifts
- Fixing leaks or broken pipes
- Maintaining gardens and lights
- Paying security and staff salaries
- Insurance and taxes for the building
Even if a flat is empty, these charges must be paid because they keep shared spaces safe and usable.
Who Pays the Upkeep Maintenance Charges?
Property Owners
If you own a flat, you must pay, whether you live there or rent it out. This is part of your property upkeep responsibility.
The law says owners must pay:
- Sinking Fund Collection – for big repairs like lifts or roofs
- Repair Fund – for small repairs and regular maintenance
- Service Charges – staff salaries and security
- Utilities & Common Areas – water, electricity, gardens
Even if a tenant lives in your flat, you are responsible to the society. You can ask tenants to pay some bills through your rental agreement.
How Are Society Maintenance Charges Calculated?
Societies usually calculate charges in one of these ways:
- Equal Sharing: Everyone pays the same amount
- Per Square Foot: Bigger flats pay more
- Hybrid: Fixed costs (like security) shared equally, repair costs by flat size
A clear maintenance bill format should show all costs so no one is confused.
Repair Fund Rules and Sinking Fund Collection
- Repair Fund: Small savings for minor repairs, like fixing doors or painting walls
- Sinking Fund: Bigger savings (like 0.25% of construction cost) for major repairs like replacing lifts or roof work
These funds are usually discussed and approved in the Annual General Meeting (AGM).
What to Do if Members Don’t Pay Upkeep Maintenance
Not paying maintenance is a serious problem. Societies have legal ways to handle it:
First Steps
- Reminders: Send letters to the member. Interest on late payments can be 12–21% per year.
- Legal Notice for Non-Payment of Maintenance: If the member still doesn’t pay, send a lawyer’s notice.
Restricting Amenities
Society can stop access to non-essential services like gym, clubhouse, or reserved parking. Water and electricity cannot be stopped.
Formal Legal Action
- Go to the Registrar of Co-operative Societies to get a recovery certificate.
- File a case in Co-operative Court or Civil Court if the problem continues.
Law Updates: Bharatiya Nyaya Sanhita (BNS)
BNS 2023 covers criminal issues. If someone’s non-payment causes big problems (like dumping garbage in common areas), the society can file a complaint.
Important Court Judgments
- Supreme Court: All owners must pay maintenance, even if flats are empty.
- Bombay High Court 2025: Bigger flats pay more, based on space.
Tips for Members and Societies
Members
- Always pay on time.
- If you disagree, pay what you owe and raise your complaint properly.
- Track your bills using apps or notes.
Societies
- Make a clear maintenance bill format.
- Keep funds for repairs and sinking fund.
- Communicate openly with members.
- Offer payment plans if someone is in financial trouble.
Frequently Asked Questions (FAQs)
1. Do I pay upkeep maintenance if my flat is empty?
Yes. Even empty flats need security, cleaning, and repairs, so maintenance charges still apply.
2. Can societies charge interest on late payments?
Yes. Societies usually charge 12–21% per year on overdue maintenance.
3. What is a sinking fund?
A sinking fund is a savings fund used for major repairs or redevelopment in the society.
4. Can they cut water or electricity for non-payment?
No. Courts consider water and electricity essential, so they cannot be disconnected.
5. Where to go if there is a maintenance dispute?
First, talk to the Managing Committee. If the issue is not solved, you can approach the Registrar or courts.
6. Can defaulters vote in committee elections?
Usually not. Members with unpaid dues for a certain period may lose voting rights.
7. Is GST applied to maintenance charges?
Yes. 18% GST applies if monthly charges exceed ₹7,500.
Outlook
Paying upkeep maintenance keeps your building safe, clean, and pleasant for everyone. Clear bills, proper funds, and good communication reduce conflicts. Using apps to track payments and transparent rules helps everyone.
When all members pay fairly, your society runs smoothly, and everyone enjoys the community life.
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