As the Karnataka assembly elections on May 10 approach, political parties have offered solutions to the issues faced by apartment owners in the state. The ruling Bharatiya Janata Party (BJP) and the opposition Congress have both pledged to amend the Karnataka Apartment Ownership Act, 1972, to protect the rights of homebuyers. This includes allowing them to form Resident Welfare Associations (RWAs) to oversee the upkeep of common areas.
The BJP has promised to form a Karnataka Residents’ Welfare Consultative Committee to improve the “ease of living” for homebuyers. The committee will suggest amendments to the Karnataka Apartment Ownership Act, and the BJP has also committed to establishing a Karnataka Home Owners’ Grievance Redressal Cell if it is reelected. Additionally, the party has promised to build 1 million houses within five years and establish metro rail networks for affordable last-mile connectivity in Mysuru, Hubli-Dharwad, and Belagavi.
The Congress party has also pledged to amend the Karnataka Apartment Ownership Act to provide easy and efficient conveyance of land titles to homebuyers. It has also promised to simplify Transferable Development Rights (TDR) and make building bylaws more owner-friendly. TDR is a zoning technique used to protect plots of land that have permanent conservation value.
However, Anil Kalgi, president of the Bangalore City Flat Owners’ Welfare Association, believes that amending the Karnataka Apartment Ownership Act is not enough to solve the problems of apartment owners unless they are allowed to form apartment owners’ organizations as a corporate body. Homebuyers’ primary wish is for resident welfare associations to be recognized as the competent authority to represent their interests and oversee the upkeep of common areas.
Dhananjaya Padmanabhachar, an office bearer in the Karnataka Home Buyers Forum, also noted that political parties have mentioned the implementation of the Karnataka Apartment Ownership Act without mentioning the related Karnataka Ownership Flats Act (KOFA) 1972. KOFA defines the process and guidelines for the formation of apartment owners associations and sets the directions for transferring titles to owners associations.
The absence of clarity in procedures for issuing Development Rights Certificates and acquiring private properties, particularly for building roads and metro routes across cities, has put several municipal corporation projects on hold in Karnataka. Homebuyers have called for more clarity in these procedures and the transfer of land titles to reflect their share in undivided land in the revenue department’s land records.
Overall, political parties’ promises aim to address the issues of apartment owners in Karnataka, but some believe that more needs to be done to fully protect their rights and interests.
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