Before Buying a Flat, Check Who Can Use the Gym and Clubhouse: Karnataka HC Case Has a Big Lesson for Homebuyers

Buying a new flat often comes with an attractive list of amenities — a swimming pool, gym, clubhouse, landscaped gardens, internal roads and recreational spaces. For many buyers, these facilities are an important part of the decision to purchase a particular home.

But what happens when residents of another housing project also have the right to use those facilities?

A recent Karnataka High Court ruling has highlighted an important issue that homebuyers should understand before signing a property deal. The court dealt with a dispute between residents of two neighbouring Bengaluru projects developed by the same builder. The residents of the first project objected to people from the second project using shared facilities.

The court ultimately upheld the importance of the registered Sale Deed and the rights recorded in it.

The message for homebuyers is simple: never assume that an amenity belongs exclusively to your society just because it is located there or was shown to you as part of the project. Read the legal documents first.

The Bengaluru Dispute: Two Projects, One Set of Amenities

The dispute involved two residential developments called Arya Hamsa and Arya Hamsa Grande in Kothnur, Bengaluru.

Arya Hamsa was developed first and received its Occupancy Certificate in 2015. Later, the same developer developed Arya Hamsa Grande on an adjoining land parcel. The second project was registered with K-RERA and received its Occupancy Certificate on January 31, 2019.

Although the two projects were legally developed under separate arrangements, with different landowners and separate sanctioned plans, certain facilities were shared between them.

These included roads, pathways, entrance and exit gates, the clubhouse and entertainment facilities.

This created a problem when residents of Arya Hamsa Grande began using facilities connected with the neighbouring Arya Hamsa project.

Some Arya Hamsa flat owners argued that allowing residents of another project to use these amenities affected their ability to enjoy their property peacefully.

The dispute eventually moved through the RERA authorities and reached the Karnataka High Court.

The Document That Became the Centre of the Case

The most important document in the dispute was not a promotional brochure or a society notice. It was the registered Sale Deed.

The Karnataka RERA Authority examined the Sale Deed and found that it did not give Arya Hamsa buyers an exclusive right to use the common amenities. Instead, the document contained provisions allowing facilities to be shared between residents of the projects.

The buyers challenged this position, but their complaint was rejected by the RERA Authority. Their appeal before the Karnataka RERA Appellate Tribunal also failed.

They then approached the Karnataka High Court.

On July 9, 2026, the High Court dismissed the appeal and upheld the decisions below. The court noted that the buyers had agreed to the sharing arrangements through their Sale Deeds.

Why Your Sale Deed Matters More Than You Think

Many property buyers spend hours comparing builders, locations, floor plans and amenities. But they may spend very little time reading the legal documents they sign.

That can become a problem later.

A brochure might show an impressive clubhouse and swimming pool. A salesperson might explain that the project has a premium gym and recreational area. But buyers need to know exactly what rights are legally attached to those facilities.

For example, a Sale Deed may contain provisions stating that residents of different phases can use certain common facilities.

If a buyer signs such a document, it can become difficult to later claim that the facility was meant exclusively for residents of one phase.

That is essentially the lesson emerging from the Bengaluru case.

Does a Separate Society Automatically Get Exclusive Rights?

Not necessarily.

A housing society or residents' association may have its own management structure, maintenance system and rules. However, simply having a separate association does not automatically create exclusive ownership over every facility.

The rights depend on the legal documents governing the property.

In the Karnataka case, the court considered the fact that the buyers themselves had agreed to shared use through their registered Sale Deeds. The court therefore did not accept their later claim for exclusive use of those facilities.

This is particularly important for large developments built in multiple phases.

A builder may create several towers, blocks or phases over time. Some facilities may be constructed in one phase but intended for use by residents across multiple phases.

What Exactly Should Homebuyers Check?

Before buying a flat, buyers should not stop at checking the carpet area and price.

They should carefully examine the documents relating to common facilities and access rights.

Here are some questions worth asking:

1. Is the clubhouse exclusive?
Check whether residents of another phase or project have access to it.

2. Who can use the swimming pool and gym?
Do not rely only on the sales team's explanation. Check the written documents.

3. Who owns the land where the facility is located?
Ownership and usage rights are not always the same thing.

4. Are the internal roads shared?
This can become particularly important when two projects have common entry and exit points.

5. Who pays for maintenance?
If a facility is shared, the documents may specify how expenses are divided.

6. Does another project have an access right?
Look for clauses relating to common access, easements or shared infrastructure.

7. What does the sanctioned plan show?
The approved layout and project documents can provide important information about the structure of the development.

Don't Depend Only on the Builder's Brochure

A property brochure is designed to sell a home. A legal document is designed to establish rights and obligations.

That difference matters.

A brochure may advertise a “world-class clubhouse” without explaining that residents of another phase can also use it. Similarly, a salesperson may describe a facility as part of your project without explaining the complete legal arrangement.

This does not necessarily mean that the builder has done anything wrong. The facility may genuinely have been planned as a shared amenity.

The important point is that buyers should know about such arrangements before purchasing the property, rather than discovering them after moving in.

What Counts as a Common Facility?

Common facilities can include much more than recreational amenities.

Depending on the project, they may include:

• Clubhouses

• Swimming pools

• Gyms

• Gardens

• Internal roads

• Footpaths

• Entrance and exit gates

• Security infrastructure

• Entertainment areas

• Open spaces

• Other shared facilities

However, there is no single rule saying that every facility in every housing project must be shared.

The actual rights depend on the project's legal structure and documents.

Therefore, buyers should examine the specific Sale Deed, agreement, sanctioned plans and other relevant records rather than assuming that the same rules apply everywhere.

A Lesson for Both Buyers and Existing Residents

The case is not only important for people planning to buy a new home.

Existing flat owners should also understand what they agreed to when they purchased their property.

If a registered Sale Deed already provides for shared use, residents may find it difficult to later demand exclusive access merely because they have formed a society or because another project was constructed later.

On the other hand, if the documents clearly establish exclusive rights, the legal position could be different.

This is why the exact wording of the documents matters.

The Bottom Line for Homebuyers

The Bengaluru case delivers a straightforward message: read before you buy.

A swimming pool, gym or clubhouse may look like a private benefit of your housing society, but its legal usage rights could be much broader.

If residents of another project are allowed to use the facility under registered documents, opposing that arrangement later may not succeed.

For buyers, the safest approach is to look beyond the brochure and sales pitch. Before paying a booking amount or signing the final documents, understand who owns the facilities, who can use them, who maintains them and who pays for them.

Most importantly, read the Sale Deed carefully and get professional legal advice if any clause is unclear.

A few hours spent understanding the documents before purchasing a home could prevent years of arguments over a clubhouse, swimming pool, gym, road or entrance gate.

In real estate, the most important amenity may not be the swimming pool or clubhouse — it may be knowing exactly what you have legally agreed to.