Does KAOA 1972 allow maintenance charges per sft

Dear Sir,

Below is the revised legal opinion strictly based on the recent judgment you provided (O.S. No. 5482/2020, XL ACMM Court, Bengaluru, dated 20-11-2025)

JUDGMENT

.
1. What this recent judgment now establishes in Bengaluru (KAOA buildings)

The Court has categorically held that:

“Maintenance cannot be charged based on square feet
Must be charged equally per flat for all owners.”

This is the heart of the judgment.

Direct quote from the judgment (analysis section, page 57):

“There is no rationale... to require large flat owners to pay more maintenance... all the services are enjoyed equally...
all occupants… have to pay maintenance equally…
it is unwise to think smaller flats should pay less.”


JUDGMENT

Further, the Court’s final order (page 61) declares:

Maintenance based on area is null and void
Association has no right to claim maintenance based on sq. ft.
Maintenance MUST be on equal per-flat basis

JUDGMENT

This is a binding civil court decree within Bengaluru jurisdiction.

2. Does KAOA 1972 require maintenance per sq. ft? — Earlier interpretation vs. Now
Earlier position (before this judgment)

Traditionally, many associations interpreted KAOA Sec. 6 & 7 to allow proportionate (sq. ft.–based) expenses.

Associations relied on UDS and super built-up area to justify per-sq-ft billing.

Now, based on this 2025 Bengaluru judgment

The Court has clearly ruled that:

Maintenance for common services, amenities, infrastructure, facilities
cannot be linked to flat size
must be equal per flat.

This judgment overrides the old interpretation at least within Bengaluru City Civil Court jurisdiction.

It says in clear terms:

“Defendants have no right to claim maintenance based on the area of the flat…
maintenance should be charged pro-rata equal per flat basis…”


JUDGMENT

So yes, per-sq-ft billing has now been held illegal for KAOA-registered apartments for common maintenance.

. What about your Association’s By-laws and Sale Deed that mention sq. ft. basis?

Your query:

“Our registered By-laws and sale deed say maintenance should be charged per sq. ft.
Is that allowed under KAOA? Can we change to per-flat basis?”

Based on the judgment:

Even if the By-laws contain a sq-ft model:

The Court has said such provisions cannot override logic, fairness, and equal enjoyment.
Per-sq-ft maintenance is invalid for common expenses.
A General Body cannot pass an arbitrary or unreasonable scheme.

The Judge relied heavily on the Venus Co-operative Housing Society judgment that rejects area-based billing for common services.

So even if your Deed of Declaration or By-laws say “sq. ft. basis”, the Court has ruled:


Common maintenance must be equal per flat.

4. Can your Association adopt equal-per-flat model?
YES — and now it is legally strengthened.

The judgment has ordered:

“Defendants are directed to fix the maintenance on an equal per flat basis.”


JUDGMENT

This means:

Even if your current bye-laws say “sq. ft. basis”,

The law now favours equal maintenance,

And demands amendment of the bye-laws.

You CAN amend your bye-laws through AGM with 2/3rd majority.
In fact, after this judgment, an amendment in favour of equal-per-flat is FAR more defensible legally.

5. Revised Legal Position (after this judgment)
Q: Does KAOA allow per sq. ft. maintenance?

Earlier: Interpreted as Yes
Now (post-judgment): Practically No for common expenses

Because:

Court held sq. ft.–based billing irrational

Equal usage → equal contribution

Charging based on area violates fairness

Q: Is equal per-flat maintenance legally valid?

YES — explicitly upheld and ordered by Court.

Q: Can your association switch from sq. ft. to equal flat?

YES — and this judgment supports that change strongly.

Dear Client,
Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartments are different. Under the Karnataka Apartment Ownership Act (KAOA) of 1972, the collection of maintenance charges for apartment does not strictly specify that charges should be solely based on per square foot. The Act provides a framework for managing and maintaining apartment complexes, including the formulation of bye-laws governing various aspects of the association, such as common areas, amenities, and financial matters. The specific bylaws of your apartment association will dictate the method used for calculating maintenance fees. Hence, it is crucial to go through the byelaws of your association. Further, as per the recent circular of the Finance Ministry, the flat owners have to pay GST @ 18% of their monthly maintenance charge to Society/RWA exceeding Rs. 7500. RWA/Societies generally adopt one of the following three methods to determine how much each resident pays towards the maintenance charge: 1) Per Square Foot: Maintenance is calculated based on the area of the flat. Larger units pay more. 2) Equal Division: Every unit pays the same amount, regardless of the size. This is common where units are uniformly sized. 3) Hybrid Model: A fixed base charge applies to all, plus a variable component based on square footage. So, unless every unit of a flat of uniform size, it may be considered unfair on the part of the RWA/Society to collect equal maintenance charges from the flat owners. The Hon'ble Supreme Court judgments on apartment maintenance charges emphasised the need for fairness and transparency in the management of maintenance charges. The judgments offer residents protection against excessive or unclear fees. It ensures transparency and accountability, empowering residents to challenge unfair charges and hold developers and RWAs responsible for proper billing and service quality. Maintenance charges are calculated after the Supreme Court ruling proportionally based on apartment size or usage. Residents of the Societies or RWAs, facing disputes or non-compliance with the Supreme Court judgement on society maintenance charges have many legal avenues to protect their rights and ensure justice that include filing of grievance or complaint to the Registrar of the Cooperative Societies or the competent authority under the Karnataka Apartment Ownership Act (KAOA) of 1972 , filing a complaint before the Consumer Forums, Civil suit to resolve the issue legally.