Housing Society Rules: Can One Society Stop Another From Using the Gym, Pool or Clubhouse? Check Your Sale Deed Before Buying a Home

Buying a home is one of the biggest financial decisions most people make. Buyers usually focus on the flat’s price, carpet area, location, amenities and builder reputation. However, there is another important issue that is often overlooked — who actually has the legal right to use the common facilities in a housing project?

A recent Karnataka High Court case involving two residential projects in Bengaluru has highlighted why homebuyers should carefully read their registered Sale Deed and other legal documents before purchasing a property.

The case involved two housing projects developed by the same builder. Residents of one project objected when residents of another nearby project started using facilities such as the clubhouse, swimming pool, roads, pathways and entry and exit gates.

The dispute eventually reached the court. The important point emerging from the case is that if the registered Sale Deed or other binding documents clearly provide common-use rights to residents of another project, one group of flat owners cannot later claim exclusive control over those facilities simply because they are located within or associated with their project.

What Was the Dispute About?

The matter concerned two residential developments in Kothanur, Bengaluru — Arya Hamsa and Arya Hamsa Grande.

Arya Hamsa was completed in 2015 and received its Occupancy Certificate (OC). Later, the same builder developed another nearby project called Arya Hamsa Grande, which was registered with K-RERA and received its OC on January 31, 2019.

Although the two projects had separate agreements, different landowners and separate approved plans, certain facilities were intended to be shared.

These included facilities and infrastructure such as the clubhouse, roads, pathways and entry-exit gates.

When residents of Arya Hamsa Grande began using these facilities, some residents of Arya Hamsa objected. They argued that residents of the neighbouring project should not have access to facilities they believed belonged exclusively to their housing society.

The dispute ultimately went before the Karnataka High Court.

Why Is the Sale Deed So Important?

One of the biggest lessons from the case is that the registered Sale Deed can be more important than assumptions, advertisements or verbal promises when determining property-related rights.

A builder's brochure may highlight a swimming pool, gym, clubhouse or landscaped garden as an attractive feature of a project. But buyers should not automatically assume that every facility is exclusively available to their society.

The actual legal position can depend on the terms contained in the Sale Deed, development agreements, approved plans, declarations, association documents and other binding records.

Therefore, before buying a flat, buyers should specifically check:

• Who is entitled to use the clubhouse?

• Is the swimming pool exclusive to one society or shared?

• Can residents of another project use the gym?

• Who owns the land on which the facility is located?

• Who is responsible for maintenance?

• How will maintenance expenses be divided?

• Are there common roads or entry and exit gates?

• Does another society have a legally recorded right of access?

• Are there easements or other rights benefiting neighbouring properties?

These details can become extremely important after possession.

What Did the Karnataka High Court Say?

According to the case details provided, the Karnataka High Court dismissed the appeal on July 9, 2026, and gave importance to the rights recorded in the registered Sale Deeds.

The court found that the documents provided residents of both projects with the right to use the shared facilities.

The broader takeaway is simple: when a registered document already grants a common-use right, residents cannot later create an exclusive right for themselves merely by forming a residents' association or housing society.

In other words, the creation of a society does not automatically mean that every facility connected with it becomes exclusively available to its members.

The legal documents governing the property and the rights of the residents remain crucial.

What Are Common Facilities in a Housing Project?

Common facilities are not limited to a clubhouse or swimming pool.

Depending on the project and its legal structure, they can include:

• Clubhouse

• Swimming pool

• Gymnasium

• Gardens

• Internal roads

• Footpaths and walkways

• Entry and exit gates

• Security infrastructure

• Open spaces

• Recreational areas

• Parking-related facilities

• Other shared infrastructure

However, not every facility is automatically a common facility for every resident. The rights can differ from one project to another.

This is why buyers should avoid relying only on what they see during a site visit or what is shown in a marketing brochure.

Can One Society Stop Another Society From Using Its Facilities?

There is no universal answer.

If the legal documents clearly give another society or project the right to use a particular facility, stopping those residents may not be legally sustainable.

On the other hand, if the documents establish that a facility is exclusively owned and intended for a particular group of owners, the situation may be different.

The exact wording of the registered documents, ownership structure, sanctioned plans and applicable laws can therefore make a major difference.

This is also why residents should not assume that a facility belongs exclusively to them simply because they pay maintenance charges for it.

What Should Homebuyers Do Before Purchasing a Flat?

The case offers an important lesson for anyone planning to buy a home.

Before signing the agreement or completing the purchase, buyers should carefully examine the Sale Deed and other project documents. If necessary, they should have the documents reviewed by an independent property lawyer.

Pay particular attention to clauses concerning common areas, shared amenities, access rights, maintenance obligations and neighbouring developments.

Buyers should also ask the builder direct questions and, wherever possible, make sure important promises are properly recorded in legally binding documents.

A verbal assurance such as “only residents of this society can use the swimming pool” may not be enough if the registered documents provide otherwise.

The Bottom Line

The Bengaluru housing dispute highlights a simple but important principle for property buyers: do not judge your rights only by what a housing project looks like or what a builder's brochure promises.

Two separate societies may have separate buildings, management committees and maintenance arrangements, yet certain facilities may legally be shared.

Similarly, a facility located within or near one project does not automatically mean that its residents have exclusive rights over it.

For homebuyers, the safest approach is to read the registered Sale Deed carefully and understand exactly what rights come with the property.

Before paying a large amount for a flat, check not only the price, carpet area and location, but also the fine print governing common facilities.

A few hours spent reviewing the documents before buying a home can prevent years of disputes over swimming pools, clubhouses, gyms, roads, gates and other shared facilities.