The Maharashtra Real Estate Regulatory Authority (MahaRERA) has said that it lacks the jurisdiction to direct a real estate developer to restrict tenants or guests from accessing common amenities such as a clubhouse, observing that the Real Estate (Regulation and Development) Act, 2016, does not confer such powers on the Authority.
The case
A housing society near Mumbai filed a complaint against the developer of their project, stating that although the agreement to sell signed by the developer and the members of the housing society includes a clause that the right to use the clubhouse facilities is non-transferable, the developer allows tenants and outsiders to use the clubhouse.
“The developer in contravention of the said clause (in the agreement to sale) allows the usage of the club house facilities by tenants in the complainant society and other external individuals. As a result of which, the developer is liable to compensate the complainant (housing society) for the same,” the housing society submitted to the MahaRERA.
Developer’s response
The developer informed the MahaRERA that there is no restriction on the use of the clubhouse by tenants or guests.
“There exists no restriction on the use of the clubhouse by tenants, who are deemed to be residents in accordance with the terms of their respective lease agreements. Access to the clubhouse is extended to such tenants in conformity with prevailing community policies and standard practices adopted across most gated developments,” the developer told MahaRERA.
“Insofar as external individuals are concerned, the reference appears to pertain to individuals who enter the society premises as guests of residents. Such individuals are permitted access to the clubhouse, subject to payment of applicable guest charges and compliance with the relevant guidelines prescribed for guest usage. This policy is in line with standard norms followed in integrated townships and gated communities and is intended to strike an appropriate balance between safeguarding resident privacy and extending reasonable hospitality to guests,” the developer told MahaRERA.
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MahaRERA’s observation
The MahaRERA has observed that the Real Estate Regulatory Act, 2016 (RERA) does not empower it to pass any such order that will restrain the developer from allowing tenants or guests into the clubhouse.
“With regards to restraining the Respondent from allowing the tenants and other external individuals to use the club house or to award compensation on this behalf is concerned, no provision of the said Act empowers this Authority to pass any such order. Hence, no order in this behalf can be passed by this Authority,” the MahaRERA said.
