Vacant Flat? Maintenance Still Mandatory, Experts Clarify Society Rules

• Even if a flat is vacant or not rented out, paying society maintenance and sinking fund is legally mandatory, as per experts.
• Maintenance covers common expenses like lifts, security, water, and repairs, benefiting the entire building, hence non-payment disrupts society finances.
• The Maharashtra Apartment Ownership Act mandates monthly maintenance and sinking fund contributions from all members for collective responsibility.
• Non-occupancy charges can only be levied if a flat is rented to someone other than a family member, limited to a maximum of 10% of maintenance.
• Maharashtra Government Resolution (2001) and Mumbai High Court rulings support the 10% non-occupancy charge limit under specific conditions, not for vacant flats.

Why It Matters: Vacant flats must pay maintenance & sinking fund; non-occupancy charges apply only when rented to non-family.