Bengaluru apartment owners demand clarity as delay in new housing law prolongs ownership, legal challenges

Bengaluru: A year after Deputy Chief Minister DK Shivakumar promised a new apartment ownership law to replace the existing Karnataka Apartment Ownership Act (KAOA), resident associations are growing frustrated over the delay. They argue that the current law fails to address key concerns related to ownership and maintenance of apartments.  

However, Uma Shankar SR, Additional Chief Secretary, assured that progress is being made on the proposed legislation. "We have prepared a revised second draft. It will soon be submitted to all relevant departments, ministers, and the Deputy CM. While there is no fixed deadline, we aim to finalize it within this year and push it forward for implementation," he said.  

The proposed bill takes inspiration from similar laws in Tamil Nadu, Maharashtra, and Telangana. However, apartment owners say the lack of clear regulations continues to create legal and ownership hurdles. Many claim that builders hold onto the rights of the undivided land instead of transferring ownership to residents' associations.  

Surendra, a representative of the Karnataka Home Buyers' Forum, expressed disappointment over the delay. "We expected the government to introduce the bill in the winter session. In February 2024, the Deputy CM announced that a new apartment law would be enacted, but there has been no action since. The government has not even made the draft public. This negligence is causing a rise in disputes, leading to a surge in cases before RERA, civil courts, and the high court," he said.  

Meanwhile, Anil Kalgi from the Bangalore City Flat Owners' Association raised concerns over the new draft, claiming it lacks clarity on the responsibilities of owners' associations and is merely a repetition of the old law.  

Addressing these concerns, Uma Shankar stated that the draft law aims to eliminate confusion by defining the roles and rights of apartment owners, societies, and developers. "It lays out rules for registration, governance, and land title deed transfers, ensuring transparency on issues like common and private areas," he said.  

Despite these assurances, residents continue to demand quicker action, urging the government to finalize the law and put an end to their long-standing struggles.