Quick Summary: A court in Bombay made a decision on a complicated case involving Aspandiar and Gustad Rashid Irani against the Pasayadan Cooperative Housing Society over unpaid maintenance fees going back to 2005. The court sided with the society, rejecting the Irani brothers' requests.
Aspandiar and Gustad Rashid Irani, who are 96 and 86 years old, made an unofficial development agreement on September 26, 1996, with P and M Associates for four apartments in Thane. After the apartments were built, they moved in 2007, but no official sale agreement was ever made.
On March 29, 2023, the Pasayadan Cooperative Housing Society sent a notice asking for unpaid maintenance fees from 2005. The society filed requests to get the money back on September 27, 2024, based on the Maharashtra Cooperative Societies Act.
"The society neither sent maintenance bills nor asked for maintenance charges from them."
The Irani brothers argued that the requests for payment were too late and claimed they were not society members, so they shouldn't have to pay the fees under Section 154B-29.
Judge Amit Borkar rejected the requests on January 16, 2026, saying that paying society fees is an obligation that comes with living in the property, and not having an official agreement doesn't free the petitioners from this responsibility.
"The obligation to pay society fees isn't a one-time thing. It happens again and again."
The society argued that the Irani brothers acted like promoters and enjoyed the benefits of owning the apartments, including paying property taxes, which means they should pay the fees.
The court pointed out that Section 154B-29 allows for the collection of fees without a time limit, stressing that society expenses are ongoing and must be paid by everyone living there.
"The responsibility here is ongoing. Every month brings a new request for payment."
The court decided in favor of the society, emphasizing the importance of meeting obligations within cooperative housing setups. The Irani brothers' request to pause the judgment was also denied.
