BENGALURU: Days after the draft of Karnataka Apartment Ownership and Management Bill, 2025 (KAOMA), was released by the state government, several apartment owners have raised concerns over its provisions, arguing that parts of the draft legislation are inconsistent with central laws such as Real Estate Regulatory Authority (RERA).
They contended that the bill may not withstand judicial scrutiny if challenged in court. When the state announced public consultation on the proposed new apartment act (KAOMA 2025), home buyers welcomed the move as an opportunity to strengthen their rights. However, the draft released following consultation process has drawn criticism from some stakeholders.
“Under RERA Section 17, the common area land title must be transferred to the association of allottees. Instead, the draft Act proposes a transfer to individual flat owners, which is impractical and contrary to the central law. The mention of ‘deemed conveyance’ repeats what was in KAOA 1972 Section 6, a provision that has remained unimplemented for over five decades. Without proper land transfer, the new Act will have no real value,” said Dhananjay Padmanabhachar, Convenor of the Home Buyers Forum.
He said the draft bill proposes one competent authority and two appellate authorities, each vested with powers similar to those of a civil court, without clearing defining the role and identity of the Competent Authority. According to him, this could create jurisdictional overlap and prolong dispute resolution.
“In contrast, RERA provides a clear framework: Authority, Appellate Tribunal, and then High Court. Karnataka should strengthen RERA’s proven model instead of creating confusion. If land transfer is not enforced as per RERA, the new Act will fail to deliver justice to lakhs of home buyers,” he said. A senior citizen said the team would allow the debates to continue in the legislature and its passage.
Once it is bounced to the office of the Governor for his assent, a batch of persons will give representation highlighting the weak points to reject the bill and suggest strengthening the RERA itself.
Bengaluru Apartment Federation defends bill
However, the Bengaluru Apartment Federation has defended the bill by stating that, it is a transformative step towards empowering apartment communities in Karnataka.
Satish Mallya, President, Bangalore Apartment Federation, says the Draft Karnataka Apartment Ownership and Management Bill, (KAOMA), 2025, represents one of the most significant legal reforms for apartment living in Karnataka in over five decades.
“The draft legislation clearly establishes that every apartment owner has an undivided and transferable ownership interest in the project land and common areas, thereby strengthening property rights. It protects common assets such as clubhouses, parks, basements, sewage treatment plants, and other shared facilities from unauthorised sale or conversion without the consent of apartment owners,” he said.
He said the Bill introduces stronger accountability for promoters by mandating the timely transfer of project documents, statutory approvals, maintenance deposits, corpus funds, technical manuals, warranties and operational records to the Apartment Owners’ Association (AOA). It also ensures that promoters continue to remain responsible for structural defects under RERA even after handing over management.
KAOMA strengthens democratic self-governance by providing statutory recognition to Apartment Owners’ Associations, limiting Executive Committee terms, recognising federations of associations, and introducing transparent mechanisms for maintenance recovery while protecting residents from the disconnection of essential services.
Another progressive provision is that any future development rights arising from additional Floor Area Ratio and Floor Space Index or planning changes belong collectively to apartment owners, safeguarding their long-term property interests. The Bill also provides legal remedies against unauthorised structural alterations and encroachments, promoting safety and preserving the integrity of buildings.