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Karnataka Bill Requires One Registered Association for Every Apartment Project

The measure tightens promoter duties, bars regular commercial use of shared facilities, and expands enforcement powers while it awaits final legislative enactment.

Overview

  • The bill was first tabled in the Karnataka assembly on August 19 and the assembly approved the law on August 21 following debate, replacing an earlier draft that had proposed a multi-association federation for shared infrastructure.
  • Under the law each completed apartment project must have a single registered association with optional subcommittees, and occupants of later phases are to be added immediately to the same association based on the first phase majority.
  • Promoters must form and register the association within three months of allotting a majority of flats and the competent authority can now form, operationalise or penalise promoters who fail to do so.
  • The final text bars anyone other than flat owners from using community and commercial facilities on a regular or commercial basis, a change that removes the earlier two-thirds approval exception and could cut rental revenue streams for some complexes.
  • The bill sets procedures for redevelopment, requires the government to notify officers to act as a second appellate authority within three months of the Act coming into force, and applies its rules to pre-Act sale agreements when deeds are executed after commencement.