The Karnataka Home Buyers Forum (KHBF), a collective representing apartment purchasers statewide, has issued an urgent appeal to the state government. They are demanding the immediate release of the long-delayed apartment legislation, highlighting escalating legal issues and failures to comply with crucial parts of the Real Estate (Regulation and Development) Act, 2016.
Core Issue: The Stalled Transfer of Common Areas
At the heart of the dispute is the ineffective implementation of Section 17 of the RERA Act. This provision legally requires builders, or promoters, to transfer all common areas within a housing project to the Association of Allottees (AoA). However, this process has largely stalled across Karnataka.
The primary obstacle is a statutory prerequisite: the AoA must be registered as a formal 'body corporate'. In numerous projects, this registration has not been completed. Consequently, promoters are unable to legally transfer the land or common facilities, leaving thousands of homebuyers without full and clear ownership rights to shared spaces like lobbies, parks, and clubhouses.
Severe Implications of Further Delay
The forum's statement outlines serious risks if this requirement remains unenforced. The lack of a legally registered association could create critical problems during future redevelopment projects or in cases of structural failures that might lead to building damage or collapse.
Without clear ownership documents for common areas, resolving liability, securing permissions, and managing collective decisions becomes a legal minefield, potentially endangering residents and their investments.
A Year of Promises Without Action
KHBF members have exhausted multiple avenues to highlight this issue. They have approached the RERA authority, the RERA appellate tribunal, the Karnataka High Court, the Human Rights Commission, and the Lokayukta.
Hope was renewed in January of this year when the Karnataka High Court, hearing a writ petition, directed the state to submit its response regarding the proposed Apartment Act. The court noted the government's prior written commitment to frame and notify the law.
Despite this judicial directive and assurances given during election campaigns, the state has taken no concrete action. KHBF convener Dhananjaya Padmanabhachar lamented that almost a year after the High Court's order, the government has neither filed its response nor released the Act. He termed this inaction a "denial of statutory rights to homebuyers."
Growing Chorus for Legislative Reform
As the Belagavi legislature session commences, several residents' associations are urging the government to prioritize the demands of apartment dwellers and buyers. Echoing this sentiment, the Bangalore Apartments' Federation (BAF) has called for an update to the outdated Karnataka Apartment Ownership Act of 1972.
They argue that the archaic law is a root cause of administrative confusion and endless litigation due to ambiguous management and ownership rules. The collective demand is clear: modern legislation is essential to protect homebuyers, ensure RERA compliance, and bring order to Karnataka's real estate sector.
