★ Instant Statutory Audit for Maharashtra Flats & Societies. 100% Free Public Beta
APPORTIONMENT Rule 106C-12(2) & 12(3) Table Entries 1 & 4; Model Bye-Law No. 67(a)(viii)

Strict Equal Division (1/N) of Service Charges and Lift Maintenance

Primary Statute: Maharashtra Co-operative Societies (Amendment) Rules, 2026 (Chapter XI-B) & Model Bye-Law No. 67
Official Gazette: Government Notification No. Sanini 0321/ C.R. 41/ 13C dated 18 June 2026 (Maharashtra Government Gazette dated 22 June 2026)

Plain English Explanation

Under Maharashtra law, common administrative expenses—including security guards, lift maintenance, housekeeping, common area electricity, pump operations, and manager salaries—must be divided equally among all flats (1/N). A 1BHK pays the exact same common service charge as a 3BHK or penthouse. Billing common service charges per square foot is illegal in Maharashtra, even if passed by a majority AGM resolution.

Statutory Calculation Formula

Per Flat Share = Total Approved Service & Lift Budget ÷ Total Number of Flats ÷ 12 months

Every flat pays an identical equal share for routine common services, irrespective of carpet area.

What is Legally Permitted

Dividing common service charges, security, cleaning, common electricity, and lift running costs equally (1/N) across all flats.

What is Prohibited by Law

Billing common service charges on a per-square-foot basis, or charging bigger flats more for security, housekeeping, or lift operations.

Official Gazette Wording & Judicial Precedents

"Service charges: equally divided by number of units or flats. Expenses on repairs and maintenance of the lifts of the society, including charges for running the lift or installation of new lift: on the basis of unit or flat, equally divided by the number of units or flats of the building in which lift is provided."
Judicial Authority & Case Law:

Affirmed by the Hon'ble Bombay High Court in Mont Blanc CHS Ltd. v. State of Maharashtra, 2007 (4) Mh.L.J. 595 and Venus CHS Ltd. v. Dr. J.Y. Dethe. The High Court held that differential or area-weighted charging of common service charges is arbitrary and discriminatory because all members enjoy common services equally regardless of flat size.

What to Do if Your Bill Violates This Rule

Cite the Mont Blanc judgment and 2026 Rule 106C-12(2). Request an immediate adjustment dividing common service charges equally (1/N) and demand a credit note for past area-weighted overcharges.

Pre-Drafted Note for Society WhatsApp Group or Secretary:
Hi everyone, sharing a key reference on maintenance billing: Under Maharashtra Model Bye-Law 67(a)(viii), the 2026 MCS Amendment Rules (Rule 106C-12), and the Bombay High Court ruling in Mont Blanc CHS, common service charges (security, lift, cleaning, manager) must be divided equally (1/N) across all flats. Billing common services per sq.ft is barred under Maharashtra law. Let's make sure our society bills comply!
Instant 10-Second Diagnostic

Verify Your Society Maintenance Bill Against This Rule

Don't calculate by hand. PureSect's AI reads your paper receipt or PDF bill, automatically compares every single rupee against Maharashtra Model Bye-Laws, and spots unauthorized overcharges instantly.