Homebuyers in Karnataka are facing significant frustration and delays in the transfer of common areas in residential apartment complexes. Despite repeated attempts to address the issue through official channels, the Karnataka government has failed to provide a clear resolution. The issue came to light when Dhananjay Padmanabhachar and Commander Surendra (Veteran) wrote to the Governor of Karnataka, highlighting the government’s inaction in enforcing Section 17 of the Real Estate Regulatory Authority-Karnataka Act, 2017.
This section mandates builders to transfer common areas to apartment owners. The Governor’s Office referred the complaint to the Registrar of Cooperative Societies, but the Registrar denied jurisdiction, directing the complainants to approach RERA or the Urban Development Department. This response has further exacerbated the frustration among homebuyers. The situation is complicated by the provisions of the Karnataka Apartment Ownership Act, 1972. While the Registrar of Cooperative Societies is identified as the competent authority under the Karnataka Cooperative Societies Act, 1959, the state government has failed to formalize this role through necessary Gazette notifications or government orders.
Dhananjay Padmanabhachar, the Sanchalak of the Karnataka Home Buyers Forum, expressed his disappointment with the ongoing delays. He emphasized that despite numerous appeals to various government departments, there has been no progress in designating a competent authority to oversee the transfer of common areas. Earlier this year, the Karnataka government announced plans to introduce a new Apartment Ownership Act to address these issues. However, six months later, there has been no further development, leaving homebuyers in limbo. The lack of action has led to an increasing number of cases being filed with RERA and in the courts. Homebuyers are seeking legal recourse to protect their rights and ensure that common areas are transferred to them as per the law. The delay in addressing these issues has highlighted the gaps in the state’s regulatory framework. The Karnataka government must take decisive action to resolve the ambiguities in the current laws and provide homebuyers with the clarity and protection they deserve.
