Caught in limbo: Homebuyers push Karnataka government to notify new apartment Act

Bengaluru: The Karnataka Home Buyers Forum (KHBF), an umbrella body representing apartment purchasers across the state, has urged the govt to immediately release the long-pending apartment Act, citing mounting legal complications and non-compliance with key provisions of the Real Estate (Regulation and Development) Act, 2016.KHBF has been campaigning for effective implementation of Rera, particularly Section 17, which mandates that common areas in a housing project must be transferred by the promoter to the association of allottees (AoA). However, there has not been much forward movement on this front as, in many projects, the AoA is not registered as a ‘body corporate' — a statutory prerequisite for transferring common areas.In its statement, the forum warned that continued failure to operationalise this requirement could have severe implications, especially during redevelopment or in the event of structural failures which could result in damage to or collapse of buildings. Without a registered association, promoters cannot legally transfer land or common areas, leaving thousands of homebuyers without full ownership rights.KHBF members said they have pursued remedies across several institutions such as the Rera authority, Rera appellate tribunal, Karnataka high court, human rights commission, and the Lokayukta in an effort to draw the govt's attention to the issue. In fact, hopes soared in Jan this year when the high court, hearing a writ petition, directed the state to submit its response on the proposed apartment Act. The court also noted that the govt had earlier given a written commitment to frame and notify legislation. But almost a year after the HC directive, the govt has neither filed its response nor released the Act, despite assurances given during the election campaign, KHBF convener Dhananjaya Padmanabhachar said, terming the delay "a denial of statutory rights to homebuyers". Several residents' associations have urged the govt to pay attention to the demands of apartment residents and buyers during the Belagavi legislature session, which starts Monday. Bangalore Apartments' Federation (BAF) has also demanded that the govt update the archaic Karnataka Apartment Ownership Act, 1972 to end the administrative chaos and litigation caused by the lack of clear management and ownership rights.

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