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In a significant ruling, a Mumbai court has prohibited housing societies from charging maintenance fees on a per-square-foot basis. Instead, the court has mandated that societies bill maintenance fees per unit, ensuring that all residents, particularly owners of larger flats, are charged equitably. This decision follows a legal challenge led by advocate Abha Singh, who argued that charging based on the size of a flat unfairly burdened larger property owners. The court’s directive aligns with earlier rulings, including one by the Bombay High Court, which emphasized fairness and transparency in maintenance billing.
The issue arose when residents of Trade World Premises Co-operative Housing Society filed complaints regarding unfair billing practices. Residents of smaller flats were paying a disproportionate share compared to those in larger flats. The court recognized this inequity and decided to take action. It has ordered the society to revert to a more balanced billing method. This move is expected to have far-reaching implications, not just for Trade World but for housing societies across Mumbai, which often face similar issues.
The new ruling is expected to set a precedent for housing societies throughout the city. Many residents of large complexes have long complained about the per-square-foot billing system, arguing that it placed an unfair financial burden on smaller flats. This ruling will lead to a more just and fair approach to billing, as each unit will be charged the same amount, regardless of its size.
Alongside this ruling, another significant change has been announced for smaller housing societies. In an effort to simplify governance, the Maharashtra Housing Department has issued a new directive stating that smaller societies with fewer than 50 members are no longer required to maintain caste or tribe-based reservations for their committee members, except for seats reserved for women. The new rule aims to empower residents to elect members based on merit rather than caste or tribe affiliation. This will allow smaller societies to be governed more efficiently and in a more streamlined manner.
The change in reservation rules is particularly important in smaller societies, where caste or tribe-based reservations often led to difficulties in forming functional and effective committees. The ruling is expected to ease the administrative burden for these societies, enabling them to focus on more important matters, such as improving infrastructure and managing day-to-day operations.
These changes are part of a broader effort to reform housing society management in Mumbai. The court ruling on maintenance charges is aimed at ensuring that all residents, regardless of their flat size, share an equal burden. At the same time, the new guidelines for governance are designed to ensure that smaller societies are run in a more transparent, efficient, and merit-based manner. These reforms are expected to improve the quality of life for residents across Mumbai, making housing societies fairer and more accountable.
In conclusion, the court’s ruling on maintenance billing and the new governance guidelines mark a significant step toward improving the functioning of housing societies in Mumbai. With fairer billing practices and more efficient governance structures, residents can expect a better and more transparent living environment.
