Apartment owners’ bill passed, Karnataka home buyers seek Governor’s review

KAOMA gets legislative approval, but Karnataka Home Buyers’ Forum alleges the Bill does not fully follow RERA 2016 and urges the Governor to send it back for reconsideration. A new law aimed at regulating apartment ownership and management in Karnataka has received approval during the ongoing Assembly session, but the move has triggered objections from the Karnataka Home Buyers’ Forum. The forum has questioned the government’s decision, alleging that the Karnataka Apartment Ownership and Management Act (KAOMA) Bill does not adequately follow the provisions of the Real Estate (Regulation and Development) Act, 2016, or RERA. Forum president Dhananjaya Padmanabha has expressed strong displeasure over the legislation and accused the government of ignoring concerns raised by apartment owners and home buyers. The forum has now written to the Governor seeking a fresh examination of the Bill and urged the government to reconsider its provisions. Also Read: Bengaluru KIA ships 1,226 tonnes of mangoes to global markets The legislation seeks to bring several aspects of apartment ownership and management under a defined legal framework. One of its key requirements is that builders must hand over the original documents relating to the apartment project to the competent authority. Builders would also be required to provide documents relating to essential approvals, including fire safety clearance, lift safety and approvals from the Pollution Control Board. The Bill also proposes penalties for violations. A person or entity violating the prescribed provisions can face a ₹1 lakh penalty. If the violation continues, an additional ₹1,000 per day can be imposed until the violation is addressed. The proposed framework also lays down rules for forming apartment owners’ associations. Once a majority of the flats in an apartment project have been allotted, an association is required to be formed within three months. Apartment owners, meanwhile, would have to follow the association’s by-laws and pay the required maintenance charges. The legislation also seeks to protect co m mon areas within apartment complexes. Encroaching upon or causing damage to common areas would be prohibited, with a ₹20,000 penalty proposed for such violations. The Bill further addresses redevelopment of apartment projects. If residents want to undertake redevelopment, the proposal would require the consent of at least 70% of the apartment owners. Also Read: Karnataka HC shocked over police station CCTV gaps, orders statewide audit Facilities such as lifts, parking areas and staircases would be treated as common areas and cannot be independently sold as separate properties. However, it is the treatment of common areas that has become one of the main points of contention for the Karnataka Home Buyers’ Forum. The forum has alleged that while RERA 2016 contains provisions concerning common areas and their transfer, the new legislation does not clearly provide for the transfer of common areas to the apartment owners’ association. According to the forum, this is a major omission. It has argued that the common areas should ultimately be transferred to the apartment association so that apartment owners have proper legal control over them. The forum has therefore opposed the Bill in its present form and has requested the Governor not to give approval immediately. Instead, it wants the legislation to be examined again and the government to make the necessary changes to address the concerns raised by home buyers. The dispute now centres on whether the new apartment ownership framework adequately protects the interests of flat owners while remaining consistent with the provisions and intent of RERA 2016. For apartment owners across Karnataka, the issue is significant because the proposed law covers everyday matters such as association formation, maintenance payments, common areas, redevelopment, builder documentation and penalties for violations. The Karnataka Home Buyers’ Forum is now seeking further scrutiny of the legislation, particularly over the alleged gap concerning the transfer of common areas to apartment associations.