News: MahaRERA Cannot Bar Tenants or Guests From Clubhouse-13-07-2026
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has held that it has no jurisdiction to direct a developer to keep tenants or guests out of common amenities such as a clubhouse, since the Real Estate (Regulation and Development) Act, 2016, gives it no such power.
The ruling came on a complaint by a housing society near Mumbai against its project’s developer. The society said the agreement to sell signed with its members contains a clause making the right to use clubhouse facilities non-transferable. Despite this, it alleged, the developer lets tenants in the society and outsiders use the clubhouse, and is therefore liable to pay compensation.
The developer responded that no restriction exists. Tenants, it said, are deemed residents under their lease agreements and are given access in line with community policies and standard practice in most gated developments.
As for outsiders, the developer said the reference appeared to be to guests of residents. They are allowed in on payment of applicable guest charges and subject to guest-use guidelines. This, it submitted, follows the norms of integrated townships and gated communities and balances residents’ privacy with reasonable hospitality.
MahaRERA observed that no provision of the Act empowers it to restrain the developer from allowing tenants and external individuals to use the clubhouse, or to award compensation on that count. It therefore passed no order on the issue.
