The Karnataka State Government is considering the need for a distinct act to govern rules and regulations related to apartments. Currently governed by the Karnataka Apartment Ownership Act of 1972, apartments face numerous challenges within this framework. The implementation of the Real Estate (Regulation and Development) Act (RERA) in 2016 has added complexity and confusion to the existing regulations.
To address these issues, concerned departments are collaboratively working on a comprehensive act to establish statewide common rules for apartment maintenance. Input has been sought from the departments of urban development, housing, revenue, and the Karnataka State Pollution Control Board (KSPCB).
The proposed act aims to tackle issues related to plan approval, Floor Area Ratio (FAR), mandatory Sewage Treatment Plant (STP), elimination of Rajakaluve encroachments, and other legal framework issues. Once the draft is finalised, it will undergo public scrutiny, welcoming objections. The entire process is expected to take a few more months, according to officials.
Rakesh Singh, the Additional Chief Secretary of the Urban Development Department, expressed the government’s commitment, stating, “Currently, there is a process to bring in a comprehensive act that will be applicable to all the apartments in the entire Karnataka State. The draft is being prepared to provide solutions to all the issues plaguing the apartment owners.”
The proposed draft aims to address various concerns, including the registration and maintenance of apartment owners’ associations, transfer of common usage areas to owners’ associations, formation of apartment owners’ associations, and maintenance of expenses. It also seeks to streamline permissions, delineate rules and responsibilities for builders/promoters and buyers, establish a competent authority for apartment maintenance, propose penalties for rule violations, and resolve other apartment-related issues.
Dhananjay Padmanabhachar, the convenor of the Karnataka Home Buyers Association, has written to the housing and urban development departments, urging effective enforcement of the Karnataka Apartment Ownership Act of 1972 or the adoption of the Karnataka Apartment Ownership and Management Act of 2024, following the Odisha model. He emphasised the prevailing confusion surrounding the registration and management of apartment owners’ associations, particularly in terms of the transfer of land to the association of flat owners.
The Karnataka Home Buyers Forum has recommended various measures to be incorporated into the proposed draft, including the full implementation of KAOA 1972, necessary amendments to the Karnataka Co-Operative Societies Act of 1959, definition of the Common Area Transfer process as per RERA 2016 section 17, and the establishment of a body corporate association/society for apartment owners with a notified competent authority.
