New regulations for apartment governance in Karnataka

As apartment complexes mushroom across Karnataka, the state government is taking steps to modernize apartment governance through a potential new act. This move aims to address existing challenges, streamline regulations, and enhance maintenance practices for a more harmonious and efficient living environment.

Currently, apartment governance falls under the Karnataka Apartment Ownership Act (KAOA) of 1972. However, complexities and confusion have arisen due to the implementation of the Real Estate (Regulation and Development) Act (RERA) in 2016.

To tackle these issues, various departments like urban development, housing, and revenue are collaborating to draft a comprehensive act. This act will establish statewide, standardized rules for apartment maintenance and address key concerns like:

• Plan approval and Floor Area Ratio (FAR): Ensuring adherence to regulations and optimal space utilization.
• Mandatory Sewage Treatment Plants (STPs): Promoting environmental sustainability and proper waste management.
• Elimination of Rajakaluve encroachments: Protecting natural water channels and preventing flooding.
• Registration and maintenance of apartment owners’ associations: Streamlining processes and responsibilities.
• Transfer of common areas to owners’ associations: Clarifying ownership and ensuring proper upkeep.
• Formation and functioning of owners’ associations: Establishing clear guidelines and procedures.
• Maintenance expenses and financial management: Implementing transparent and accountable practices.
• Permissions and approvals: Simplifying procedures and reducing bureaucratic hurdles.
• Builder/promoter and buyer responsibilities: Clearly defining roles and obligations for fair and ethical transactions.
• Penalties for rule violations: Enforcing adherence to regulations and deterring misconduct.

Stakeholders like the Karnataka Home Buyers Association and Forum have expressed their opinions and recommendations for the new act. They emphasize the need for:

• Effective enforcement of KAOA 1972, addressing registration and management ambiguities.
• Amendments to the Karnataka Co-Operative Societies Act for better governance.
• Clear definition of Common Area Transfer process as per RERA guidelines.
• Establishment of a dedicated body to oversee apartment maintenance and address concerns.

With public scrutiny and feedback on the draft act expected soon, this initiative holds promise for a more efficient and resident-friendly apartment governance system in Karnataka.