Housing Society Restricting Common Amenities for Smaller Flats? Legal Experts Explain Residents’ Rights

Pune, 1st August 2026: Can a housing society stop residents of smaller flats from using common amenities such as the gym, swimming pool or clubhouse because they pay lower maintenance charges? The question has sparked widespread debate after a resident alleged being denied access to shared facilities despite regularly paying maintenance. Legal experts say that, in most cases, such restrictions have little legal backing.

The issue came into focus after a resident living in a 1RK apartment claimed that the housing society barred occupants of 1RK and 1BHK flats from using common amenities while continuing to collect maintenance charges. The complaint, shared online, quickly gained traction, with many questioning whether societies can differentiate between residents based on the size of their homes.

According to legal experts, maintenance charges are often calculated based on the size of a flat, but that does not automatically allow a society to deny access to common facilities. Under apartment ownership laws, amenities such as gyms, swimming pools, clubhouses and parks are generally considered common areas meant for the use and enjoyment of all residents unless a separate membership structure or specific contractual provision exists.

Experts further note that if a society prevents residents from accessing common amenities despite collecting maintenance, affected members can challenge the decision before the appropriate authority, such as the Registrar of Cooperative Societies or a consumer forum. However, they advise against withholding maintenance payments, as doing so could put residents in violation of society rules.

The debate also comes amid recent observations by the Maharashtra Real Estate Regulatory Authority (MahaRERA), which clarified in a separate case that it does not have the jurisdiction under the RERA Act to direct developers to restrict tenants or guests from using common amenities such as clubhouses. While that matter concerned tenants and guests rather than flat size, it has added to the broader discussion on access to shared facilities in residential communities.

As disputes over access to common amenities become increasingly common in gated communities, legal experts say societies should ensure that their by-laws and policies comply with applicable laws and treat residents fairly, rather than imposing arbitrary restrictions based solely on apartment size.