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A recent Kochi order has directed a residential flat-owners association to replace its uniform maintenance fee with a size-based system, requiring charges to be calculated in proportion to each unit's floor area. The ruling followed complaints that flat-rate billing was unfair in a building with differently sized apartments, as smaller-unit owners were effectively subsidising larger ones. The association must now revise its maintenance structure, present audited area data and communicate the updated charges transparently. The decision promotes equitable cost-sharing and may prompt other housing societies in Kochi to reassess their billing practices. It could also influence buyer preferences toward communities with fair, size-linked maintenance policies.
A recent order in Kochi has compelled a residential flat-owners association to levy maintenance charges in proportion to the size of each flat, replacing the prevailing practice of charging a uniform, flat-rate maintenance fee across all units. The judgement emphasises fairness and underscores the principle that maintenance obligations should correspond to the shareable common-area burden borne by each dwelling. Advertisement
Under the new directive, the association is required to recalculate monthly or periodic maintenance dues so that larger flats - which by design impose greater usage of common services and amenities - contribute proportionally more than smaller units. This ensures that residents do not pay more than their fair share nor subsidise larger units. The ruling came after a challenge by one or more residents who argued that the uniform charge system was inequitable, especially in a complex with heterogenous flat sizes.
The court's intervention reflects judicial sensitivity to equity within housing societies and reinforces the idea that communal costs must be distributed fairly among all members. It requires the association to present audited floor-area data, revise maintenance schedules accordingly, and communicate the changes transparently to all residents before implementation.
For many residents, the revision translates into a more balanced and just cost-sharing mechanism. Those living in smaller flats can now anticipate reduced maintenance bills relative to their living area, while larger flat owners will pay in proportion to their greater use of infrastructure, amenities and shared services.
The decision could have far-reaching consequences. Housing societies across Kochi may need to reassess their maintenance-charging models, especially if they have been using flat-rate fee systems irrespective of flat size. Developers and free-hold associations building or managing multi-unit complexes may need to revise their bye-laws and maintenance agreements to reflect size-based billing, ensuring compliance with the principle of equitable cost distribution.
Moreover, this order may influence how prospective buyers evaluate apartment communities. Flat-size-based maintenance billing could become a factor in purchase decisions, particularly for buyers seeking fair recurring costs and transparent management practices. It may also encourage housing societies to maintain better records of unit sizes and to adopt more rigorous internal accounting standards.
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