MahaRERA says it cannot direct developers to restrict tenants or guests from using the clubhouse

MahaRERA said it lacks jurisdiction to direct a real estate developer to restrict tenants or guests from using a clubhouse.

The Real Estate (Regulation and Development) Act, 2016 does not confer such powers on the Authority.

A housing society near Mumbai complained that the developer allowed tenants and outsiders to use the clubhouse despite a clause in the agreement to sell making the right non-transferable.

The developer argued no restriction exists on tenants using the clubhouse under lease agreements, and guests may access it subject to guest charges.

MahaRERA's observation means the developer is not liable to compensate the society for allowing tenant and guest clubhouse access.