MahaRERA Says It Cannot Bar Tenants Or Guests From Using Society Clubhouses
MahaRERA Says It Cannot Bar Tenants Or Guests From Using Society Clubhouses
Mumbai, July 14, 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled that it does not have the legal authority to direct developers to prevent tenants or guests from using common amenities such as clubhouses, stating that the Real Estate (Regulation and Development) Act, 2016 (RERA) does not empower it to issue such directions.
The observation came while hearing a complaint filed by a housing society near Mumbai against its developer. The society alleged that the agreement for sale signed between the developer and flat purchasers clearly stated that clubhouse usage rights were non-transferable. Despite this, the developer allegedly permitted tenants and non-residents to access the clubhouse.
The housing society argued that allowing tenants and outsiders to use the clubhouse violated the agreement and sought compensation from the developer.
In its response, the developer denied any wrongdoing, stating that tenants are considered legitimate residents under their lease agreements and are therefore entitled to use the clubhouse. It further clarified that guests of residents are also allowed access upon payment of applicable guest charges and in accordance with community rules.
The developer said the policy is consistent with standard practices followed in gated communities and integrated townships, balancing residents’ privacy with reasonable access for guests.
After examining the matter, MahaRERA held that the dispute falls outside its jurisdiction under the RERA Act.
The Authority observed that while the complainant sought directions to restrain the developer from allowing tenants and external individuals to use the clubhouse, the Act does not provide MahaRERA with the power to pass such an order or award compensation on that basis.
As a result, MahaRERA declined to grant the relief sought by the housing society, reiterating that issues relating to restrictions on the use of common amenities by tenants or guests are beyond the scope of its powers under the RERA Act.
