A legal awareness programme in Bengaluru has brought to light critical questions about liability in gated communities. Who is responsible if a child drowns in a swimming pool, a pet dog attacks a resident, an unverified delivery worker enters the premises, or a fire breaks out in a basement storing EV batteries and petrol vehicles? The debate centers on whether individual residents who trigger incidents bear sole responsibility or if the apartment management committee, tasked with enforcing safety and governance, shares the blame.
Event Highlights Shared Responsibility
At the 'Proprietas 2.0' legal awareness programme on apartment laws and housing governance, held at St Joseph's College of Law, homebuyers, legal experts, and resident representatives flagged operational and legal risks. The event, organized by the NLS Legal Aid Society in association with the Bangalore Apartments' Federation (BAF), saw residents calling for urgent structural reforms to protect volunteer office-bearers managing these complexes.
Legal experts emphasized that responsibility is shared between residents and management committees and cannot be isolated to one party alone. However, they noted that enforcement and clarity remain weak.
Expert Voices on Governance Gaps
Ramesh Padmanabhan, a BAF governing council member, highlighted the paradox: "We buy flats at the lowest cost per square foot, maintain them the same way, and elect a volunteer to run the society for free—giving him no legal protection, no insurance, and no clear framework. Then we ignore these issues and wonder why things go wrong. We often arrest the management committee volunteer, not the builder who deviated from safety norms or ourselves. We can land on the moon, but cannot fix our apartment associations. It is time to address this gap urgently."
Beena Pillai of the NLS Legal Aid Society stressed that the solution begins with choosing the correct legal framework. "Once possession is handed over, the association becomes the custodian. The law is clear. What is unclear is why apartment owners still wait for a crisis to understand which law governs their homes and what rights they actually hold," she said.
Officials underlined the need for transparency and time-bound regulatory processes for maintenance, redevelopment, and long-term governance. Rakesh Singh, chairman of the Real Estate Regulatory Authority (RERA), noted: "Once a project is handed over to an association, issues of maintenance, reconstruction, and long-term management arise, and Karnataka is still evolving in this area compared to states like Maharashtra. What we need is greater transparency and time-bound, citizen-friendly functioning at the government, regulatory, and promoter levels. These are not very complicated issues. With government support, we will push for quick solutions."
NA Haris, chairman of the Bengaluru Development Authority (BDA) and Shantinagar MLA, added: "Apartments involve individual ownership but collective responsibility. If residents understand this duality, many disputes will be reduced. With Bengaluru moving towards vertical growth, cooperation among residents, developers, and associations is essential."
Top Risk Scenarios in Apartments
- Dead CCTV systems compromising security
- Pool drowning incidents due to lack of supervision
- Electrocution from faulty wiring
- Expired lift licenses causing accidents
- Snakebites in poorly maintained common areas
Upcoming Legislation: Karnataka Apartments Management Bill 2025
The Karnataka Apartments Management Bill 2025 is expected to be introduced in the upcoming winter session, with officials indicating it may be tabled soon. RERA chief Rakesh Singh said the proposed law is already in advanced stages and is expected to address several governance gaps.
Resident Perspectives
Sital Shah, secretary of Mahavir Fortune Apartments, Magadi Road, said: "We are facing issues like garbage collection, maintenance defaulters, and delays in civic service connections. A key concern is how bylaws can be amended to reflect current living standards and improve governance. We hope reforms address the needs of apartment owners better."
Ajay R, advisory committee member at Aditya Swagnaya Apartments, Ulsoor, noted: "There have been conflicts between pet owners and residents, including dog bite incidents, leading to tensions and legal questions for the management committee. Even delivery personnel entry rules are disputed. These issues, though they seem small, are significant for daily living."
Kavita Ranjan, president of Almond Tree Owners Welfare Association, Yelahanka, highlighted: "Maintenance defaults are a major problem. Law-abiding residents often end up penalized while action is taken against those who don't pay. Delivery access and senior citizen issues also create conflicts. After years of such problems, no one wants to join the managing committee."
Prashant K Rai, president of Renaissance Prospero Residence Welfare Association, Byatarayanapura, pointed out: "There is a lack of clarity on sanctioned building plans, deeds of declaration, and ownership rights. Associations have to navigate multiple legal frameworks. In cases where builders abandon projects, residents are forced into alternative legal mechanisms that don't fully address concerns."
Shivram Krishnan, managing committee member at Nester Raga Owners Association, Mahadevapura, added: "Even basic compliance like fire safety and STP operation certificates has become complicated, involving unclear procedures, middlemen, and extra costs. Associations often depend on intermediaries, leading to confusion, while conflicting rules add to wastage and uncertainty."
