Karnataka Homeowners Disappointed as Apartment Ownership Bill Faces Further Delays

With only two days remaining in the budget session of the Karnataka legislature, homeowners from across the state are expressing disappointment over the fact that a new apartment ownership bill is yet to be introduced. The long-awaited legislation remains stalled, despite assurances from the government and Deputy Chief Minister D.K. Shivakumar during the previous budget session.

The Bangalore Apartments Federation (BAF) met Shivakumar on Monday and made a formal representation bringing out their issues. TOI accessed a copy of this representation. Upon this Shivakumar acknowledged that he has not yet received the draft bill. He reassured homeowners the bill would be tabled soon, but explained it would not be in this session as it met procedural requirements and had not yet met cabinet approval.

That delay has frustrated homeowners’ associations, which have for decades been calling for a clearly defined legal framework for the ownership and maintenance of apartments. Critics claim ineffective enactment of the existing Karnataka Apartment Ownership Act enacted in 1972 had left Kisano and apartment dwellers in a lurch where the titles of the property, land rights, and responsibilities of the association remain ambiguous.

BAF Vice President Satish Mallya expressed concern over the government missing the opportunity to introduce the bill. “We know it’s a process and it has to go to the cabinet and it’s all going to take time. The timeline, though, is unclear. Our demand is clear: Introduce the legislation early to protect home buyers. The Deputy CM seems to be serious about it and we hope the government at least comes up with an ordinance soon,” he said.

Earlier this year, the Karnataka government had declared plans to introduce a new Apartment Ownership Act to help address governance and ownership issues, with the new legislation to be finalized by the end of the year. Uma Shankar S.R., Additional Chief Secretary confirmed that work is in progress on the legislation. The proposed bill seeks to define regulations of the common areas and ease the governance of apartments and is based on similar laws in Tamil Nadu, Maharashtra and Telangana.

But homeowner associations are skeptical, saying the draft is vague and would add rather than solve problems to resolve current disputes. More than two years later, they are waiting for further action as uncertainty hovers over villa ownership laws in the state.