Bengaluru: The Bangalore Apartments’ Federation (BAF) has welcomed the enactment of the Karnataka Apartment Ownership and Management Act (KAOMA) 2026, calling it a landmark step towards creating a comprehensive legal framework for apartment communities and strengthening the rights of flat owners across the state.
BAF said the legislation marks a significant shift from Karnataka’s earlier ownership-focused framework, in place for more than five decades, towards a wider system covering apartment association governance, promoter accountability, protection of common areas, building safety, maintenance, redevelopment and dispute resolution.
The federation expressed gratitude to Chief Minister D K Shivakumar for his leadership in steering the legislation through the Karnataka Legislative Assembly and Legislative Council. It also credited Bengaluru Development Minister Krishna Byre Gowda with supporting the long-standing concerns of apartment communities and facilitating the Bill’s passage through both Houses.
‘Effective implementation will be key’
BAF president Satish Mallya described KAOMA 2026 as a major improvement over the 1972 legal framework and said it had the potential to emerge as one of India’s stronger laws governing apartment communities.
“Effective implementation will now be the key priority,” Mallya said, adding that BAF would work with the government to ensure protection of apartment ownership, empowerment of associations, promoter accountability, safeguarding of common areas, building safety and a clear framework for redevelopment.
BAF general secretary K Arun Kumar said the Act provides a stronger mechanism for transferring the management and administration of apartment projects to associations.
However, he stressed that management and ownership rights needed to move together. A clear, time-bound and enforceable mechanism would be required for statutory and deemed conveyance of land and common-area rights, he said.
BAF general council member and policy lead CA Sujatha G said the provision for one statutory association for each apartment project would bring greater structure to apartment governance.
She said recognising a registered association as a body corporate, with perpetual succession and the legal capacity to sue and be sued in its own name, was an important step forward.
BAF GC member and communication lead Vishwa Venkata Reddy highlighted the transitional provisions for existing apartment communities.
Associations formed under the Karnataka Apartment Ownership Act, 1972, and other applicable laws can transition into the new framework as prescribed, he said, adding that the provision would provide continuity to thousands of existing apartment communities.
Five key changes for apartment owners
Promoter accountability after handover: Promoter obligations under RERA will continue even after management is transferred to an apartment association. Promoters cannot retain control over common areas after the transfer of management.
Time-bound formation of associations: Promoters are required to facilitate the formation and registration of an apartment association within three months after a majority of apartments are allotted. In case of failure, the competent authority can intervene.
Greater protection for common areas: The legislation seeks to strengthen protection against common areas being converted into private or saleable spaces.
Future development potential as a collective right: Additional development potential arising from future changes in planning regulations, including additional FSI/FAR, is recognised as a collective right of apartment owners.
Building safety and redevelopment framework: The Act provides a structured mechanism for structural assessment of older buildings, major repairs, reconstruction and redevelopment.
BAF said it would continue to work with the government, apartment associations, promoters and other stakeholders to facilitate effective implementation of KAOMA 2026.
The federation said the new framework could help create a more transparent, accountable and sustainable system of governance for apartment communities across Karnataka.