Members of other society can use common amenities

The Karnataka High Court has ruled that flat owners cannot claim exclusive rights to common amenities like clubhouses, roads, pathways, and entrance/exit gates if their Sale Deed permits residents of another project developed by the same builder to share those amenities. In a case involving two adjacent housing societies built by the same builder, the court dismissed an appeal from two flat owners who were concerned about their neighboring society residents using their common facilities.

The court dismissed the flat owners' arguments based on Section 11 of the Transfer of Property Act and the Indian Contract Act, stating that the Sale Deed did not provide them with an absolute proprietary interest in the common amenities and that the clause permitting shared use was not void due to uncertainty.