Maharashtra Real Estate Regulatory Authority (Maharera) has said it does not have the jurisdiction to direct real estate developers to restrict tenants or guests from accessing common facilities like club houses, noting that the Real Estate (Regulation and Development) Act, 2016 does not confer such powers on the authority.
Case
A housing society near Mumbai filed a complaint against the developer of its project, saying that although the sale agreement signed by the developer and the housing society members includes a clause that the right to use the club house facilities is non-transferable, the developer allows tenants and outsiders to use the club house.
“In violation of the said clause (in the sale agreement), the developer allows the use of club house facilities by the tenants and other outsiders in the complainant society. As a result of which, the developer is liable to compensate the complainant (housing society) for the same,” the housing society told MahaRERA.
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developer response
The developer informed MahaRERA that there are no restrictions on the use of the club house by tenants or guests.
“There are no restrictions on the usage of the Club House by tenants who are considered residents as per the terms of their respective lease agreements. Access to the Club House is provided to such tenants in line with the prevailing community policies and standard practices adopted in most gated developments,” the developer told MahaRERA.
“As far as outside persons are concerned, the context appears to relate to persons who enter the society premises as guests of residents. Such persons are permitted entry into the Club House, subject to payment of applicable guest fees and compliance with the relevant guidelines laid down for guest usage. This policy is in line with the standard norms followed in integrated townships and gated communities and is aimed at striking a proper balance between protecting resident privacy and providing proper hospitality to the guests, “The developer told MahaRERA.
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Overview of MahaRERA
MahaRERA has observed that the Real Estate Regulatory Act, 2016 (RERA) does not empower it to pass any order that would stop the developer from allowing tenants or guests in the club house.
MahaRERA said, “With respect to restraining the respondent from allowing tenants and other outsiders to use the club house or paying compensation in this behalf, no provision of the said Act empowers this authority to pass any such order. Therefore, no order can be passed by this authority in this regard.”
