All services are enjoyed by all members equally, irrespective of the size of their flats: Bengaluru Court
Bengaluru: A City Civil Court here issued orders directing the Apartment Associations not to impose additional maintenance fees based on flat size.
The XL Additional City Civil Court and Sessions Court ruled that Apartment Associations cannot compel the residents with bigger flats to pay higher maintenance fees on the basis of built-up-area.
The Court passed the order after hearing a suit filed by one Arun Kumar Rao, a resident of Purva Seasons Apartment in C.V. Raman Nagar, Bengaluru.
Initially, the builder had collected a uniform maintenance amount from all homeowners. However, after the Association took charge, it revised the structure and began levying higher fees on Apartment owners with higher built-up-area.
The Court also instructed Associations to correct the confusion arising from built-up and super built-up area classifications.
It further held that all flats must be charged the same maintenance amount, irrespective of size of apartment. The ruling also guides Associations not to amend by-laws enabling different charging.
The order said, maintenance expenses over common services and amenities used equally by all residents, making uniform charges the fair and legal approach.
“All the services are enjoyed by all the members equally irrespective of the size of their flats,” the Bengaluru Court said.
Demand to implement KAOM Act grows
Meanwhile, with the growing demand for changes in the existing laws concerning apartments in Bengaluru, the State Government is likely to table the Karnataka Apartment (Ownership and Management) Bill, 2025, in the upcoming Winter Session of State Legislature in Belagavi from Dec. 8.
The Bill, which will become an Act — Karnataka Apartment (Ownership and Management) Act (KAOMA) – 2025 — after Governor’s assent, aims at establishing an appellate authority for conflict resolution replacing the earlier laws where the conflict resolution was internal and parties concerned needed to approach Civil Courts for relief.
This Bill will replace Karnataka Ownership Act, 1972. The matter is also expected to be discussed in the Cabinet meeting to be held today.
According to the Bill, one or more officers can be appointed as the first appellate authority, but they must not be below the rank of Group A (Junior Scale).
Any person aggrieved by an order or direction passed by the first appellate authority, can approach the second appellate authority.
The Bill imposes a maximum fine of Rs. 1 lakh on any promoter who fails to comply with it.
The Bangalore Apartments Federation’s (BAF) proposal for the new Bill includes clear transfer of property rights and Undivided Share (UDS) from builders / promoters to owners.
This they hope will ease the registration of Owners’ Associations and enforcement power for by-laws while helping resolving issues such as ‘Amalgamation’ and ‘Redevelopment’ to manage aging apartment complexes. The aim of the Association, they say is to consolidate governance under one powerful Act, instead of relying on fragmented, multiple laws.
This post was published on December 4, 2025 6:41 pm