MahaRERA Says It Cannot Restrict Clubhouse Access for Tenants or Guests Under RERA
MUMBAI | July 13, 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that it cannot direct a developer to prevent tenants or guests from using a housing society clubhouse, stating that the Real Estate (Regulation and Development) Act, 2016 (RERA) does not provide the authority with such powers.
The observation came while deciding a complaint filed by a housing society that sought restrictions on clubhouse access for tenants and visitors.
Housing Society Raised Objection
According to the complaint, the society argued that its agreement for sale contained a clause stating that clubhouse usage rights were non-transferable.
The society alleged that despite this clause, the developer continued allowing:
- Tenants residing in the project.
- Guests visiting residents.
- Other permitted external visitors.
The complainant also sought compensation from the developer.
Developer Defended Existing Policy
The developer informed MahaRERA that:
- Tenants are lawful residents under their lease agreements.
- Guests are allowed access only under the society's prescribed guest policy.
- Guest access is subject to applicable usage charges and operational guidelines.
The developer maintained that similar policies are commonly followed in integrated townships and gated residential communities.
MahaRERA's Observation
After examining the matter, MahaRERA observed that RERA does not empower the authority to pass an order restricting clubhouse access for tenants or guests.
The authority also stated that it could not grant compensation on this issue because such relief does not fall within the powers available under the Act.
What This Means for Homebuyers and RWAs
The order does not automatically decide whether tenants or guests should always be allowed to use society amenities.
Instead, it clarifies that MahaRERA is not the authority empowered under RERA to issue such directions in this type of dispute.
Questions relating to society management, bye-laws or internal facility usage may be governed by other applicable laws, contractual terms or competent authorities, depending on the facts of each case.
Why This Matters
As more integrated townships and gated communities develop across India, disputes involving the use of common amenities are becoming increasingly common.
The latest order highlights the importance of understanding the limited jurisdiction of RERA authorities, especially in matters relating to day-to-day management of housing societies.