The Registrar of Cooperative Societies in Karnataka has officially responded to a complaint from homebuyers regarding the transfer of common areas in residential apartment complexes, stating that the matter does not fall within its jurisdiction.
This response has raised concerns about the state government’s commitment to empowering the Real Estate Regulatory Authority-Karnataka (RERA) to function effectively in protecting homebuyers’ interests.The issue was brought to light by Dhananjay Padmanabhachar and Commander Surendra (Veteran), who wrote to the Governor of Karnataka on 19th July, highlighting the government’s failure to enforce Section 17 of the Real Estate Regulatory Authority-Karnataka Act, 2017. This section mandates builders to transfer the common areas of residential complexes to the apartment owners. The Governor’s Office subsequently referred the complaint to the Registrar of Cooperative Societies, instructing it to address the concerns raised.
However, the Registrar of Cooperative Societies has directed the complainants to approach RERA or the Urban Development Department, advising them to submit separate applications, as the issue is beyond the purview of cooperative societies. This has left homebuyers frustrated, as they navigate the complex legal and bureaucratic landscape surrounding the transfer of common areas.The situation is further complicated by the provisions of the Karnataka Apartment Ownership Act, 1972. According to this Act, the Registrar of Cooperative Societies is identified as the competent authority under the Karnataka Cooperative Societies Act, 1959. Despite this, the state government has not issued the necessary Gazette notifications or government orders to formalise this role since the Act’s inception in 1972.Dhananjay Padmanabhachar, who serves as the Sanchalak of the Karnataka Home Buyers Forum, expressed his disappointment with the ongoing delays. He emphasised that despite numerous appeals to various government departments—including housing, urban development, and revenue—there has been no significant progress in designating a competent authority to oversee the transfer of common areas. Earlier this year, the Karnataka government announced plans to introduce a new Apartment Ownership Act to resolve these long-standing issues.
However, six months later, no further developments have been reported, leaving homebuyers in a state of uncertainty.The lack of action has resulted in an increasing number of cases being filed with RERA and in the courts, as homebuyers seek legal recourse for their grievances. The delay in addressing these issues has not only compounded the frustration among apartment owners but also highlighted the gaps in the state’s regulatory framework. The situation underscores the urgent need for the Karnataka government to take decisive action to resolve the ambiguities in the current laws and provide homebuyers with the clarity and protection they deserve.
