Bengaluru: In the face of mounting uncertainty over title, ownership, and maintenance of group-housing residential properties, flat owners are calling on the Karnataka state government to implement clearer laws to protect their interests. Associations representing flat owners have voiced concerns that, in the absence of robust legal frameworks, builders are exploiting loopholes to retain control over undivided land. This allows them to mortgage the land, construct additional structures, and claim compensation during property acquisitions.
The Bangalore Apartments Federation (BAF) has recently appealed to Deputy Chief Minister DK Shivakumar, urging the government to expedite legal reforms. “There are significant gaps with regard to property and ownership rights in the Karnataka Apartment Ownership Act (KAOA), 1972. These gaps need to be fixed. We had represented the problem to the government last year too. When the government was formed last year, the Deputy CM had said they would form a committee with experts to look into the issue once the survey is done. It has been a year but the committee hasn’t yet been formed. The Deputy CM acknowledged the issue and said he’d look into this,” said BAF President Vikram Rai.
Legal experts and flat owners’ associations have long criticised the existing laws, arguing that they benefit certain lobbies at the expense of homeowners. The current legal framework in Karnataka comprises three key statutes: the KAOA, 1972; the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management, and Transfer) Act (KOFRA), 1972; and the Real Estate (Regulation and Development) Act (RERA), 2016. The call for legal reforms by flat owners and their associations highlights the urgent need for a comprehensive and clear legislative framework to safeguard property rights and ensure fair practices in the real estate sector. The state government’s response to these demands will be crucial in addressing the ongoing challenges faced by flat owners and ensuring transparency and accountability in property transactions.
