The Karnataka Apartment Ownership Act has led to significant challenges for homebuyers, particularly those struggling to form flat owners’ associations and transfer the rights to common areas from promoters. The proposed new Act is designed to resolve these issues and ensure that apartment owners can manage and access their rights over shared spaces, but its continued delay has left many buyers frustrated.
One of the primary concerns for homebuyers is the difficulty in forming associations, a responsibility that typically falls to the promoters. However, many promoters have failed to take action, leaving flat owners without proper representation. Veteran Naval Commander Surendra, a vocal advocate for homebuyers, pointed out that no government department has stepped in to take responsibility for ensuring the formation of these associations. He stressed that it is the promoter’s duty to establish a flat owners’ association and transfer the rights to common areas to the owners, a process that has been delayed far too long. Dhananjaya Padmanabachar, the Sanchalak (Coordinator) of the Karnataka Home Buyers Forum, echoed these concerns and urged the Karnataka Real Estate Regulatory Authority (RERA) to take more decisive actions to protect homebuyers’ rights. He expressed frustration with the lack of time-bound actions from authorities, which he believes are necessary to ensure that homebuyers are not left in limbo. Padmanabachar has called for the state government to expedite the enactment of the new Act and to create a dedicated department to oversee the registration of apartment owners’ associations and the transfer of common areas.
The Karnataka State Human Rights Commission (KSHRC) has also stepped in, sending a notice to RERA regarding a complaint filed by Padmanabachar. The complaint highlights the failure to address the issues of common area transfers and the registration of flat owners’ associations. In its response, RERA stated that promoters are legally required to facilitate the formation of associations or societies once a majority of the flats have been booked. The authority further explained that the new Karnataka Apartment Ownership Act is in the final stages of approval, and once it comes into effect, guidelines or circulars will be issued to address these concerns. While the new Act promises to resolve many of these issues, its delayed enactment continues to create uncertainty and hardship for homebuyers. As the real estate sector in Karnataka continues to grow, timely implementation of the Act is critical to ensuring that homebuyers’ rights are safeguarded and that the apartment ownership process becomes more streamlined and equitable for all stakeholders.
