Bengaluru Housing Societies and Access to Amenities: Legal Insights

The question of whether a housing society can restrict access to amenities like gyms and swimming pools based on the size of a resident's flat has gained attention in Bengaluru. A local resident recently shared an experience on social media, alleging that his society prohibited owners of 1-BHK and 1RK apartments from utilizing these common facilities, despite the fact that they were paying maintenance fees according to the size of their units. This situation has sparked a broader discussion about the rights of residents in apartment complexes and the legality of such restrictions.

According to reports, the resident claimed that while he and others in similar-sized flats were charged maintenance fees, they were also told they would need to pay additional “guest charges” to access the gym and pool. This claim has raised eyebrows, prompting legal experts to weigh in on the matter. They noted that while it is common for maintenance fees to differ based on the size of an apartment, this financial distinction does not justify creating separate classes of residents when it comes to shared amenities. The principle across many states in India is that all residents, regardless of their flat size, should have equal access to common areas, which include facilities such as swimming pools, gyms, and parks.