Apartment law: Bengaluru’s homeowners pin hopes on DK Shivakumar

Bengaluru: With a leadership change expected in Karnataka and DK Shivakumar likely to take over as chief minister, apartment residents are hopeful of long-pending reforms through a new apartments Act.Shivakumar first spoke about the Act at a Brand Bengaluru meet in 2023 with multiple resident welfare associations. Since then, despite several meetings, active campaigning by homebuyers, and judgments passed by the high court, Real Estate Regulatory Authority (Rera), and civil courts, no concrete solution has been provided to homebuyers struggling with the existence of two apartment laws in the state.Back in Dec 2025, at a meeting with RWAs in Vidhana Soudha, Shivakumar repeatedly pointed out that apartment residents have traditionally not voted for the Congress despite the govt fulfilling several of their promises. The state at present has two different laws governing apartments — Karnataka Apartment Ownership Act-1972 and Karnataka Societies Registration Act-1960.But now, with Shivakumar set to become CM, homebuyers see fresh hope that the Karnataka Apartment (Ownership and Management) Bill, 2025, will finally move forward in the upcoming legislature session.Apartment associations TOI spoke to said the lack of clarity in the existing Acts and provisions is creating confusion and delays in association registration.Satish Mallya, president of Bangalore Apartments’ Federation, said: “Karnataka Apartment (Ownership and Management) Bill, 2025 is one of the most important legislations for apartment communities in the state. The proposed law has remained pending with the govt for a long time despite repeated assurances. With DK Shivakumar set to play a larger leadership role, apartment residents hope that the legislation will finally be implemented to address the concerns of lakhs of apartment owners across the state.”Anil Kalgi, president, Bangalore City Flat Owners’ Welfare Association, said: “No meeting has been held and nothing has happened since the last discussion in Dec. The matter has been dragging on since the end of 2023. We expect DK Shivakumar to clear the matter at the earliest since he had promised to do so. If it is going to take more time, then proper arrangements and immediate relief should be provided to apartment owners under the existing law. Another major issue is that courts are passing contradictory orders, which is affecting homebuyers. Govt must ensure that title and interest in projects is transferred to apartment owners’ associations instead of relying only on declaratory documents, which are not permitted under Rera.”Cong manifesto promiseThe bill was a key Congress manifesto promise during the last assembly elections, and the delay — three years into the govt’s term — has raised doubts about its intent. There are over 10,000 apartment complexes in Bengaluru and, barring a few, most are not properly registered under different laws. Some exist as companies and some as cooperative societies, while many remain unregistered despite the protections promised under the law.A member of the BDA Apartment Owners’ Forum said: “Given his (Shivakumar’s) consistent support for apartment owners’ concerns, we are hopeful that an apartment ownership Act will be enacted at the earliest. This is particularly important for BDA apartments, where several projects have reached or are reaching the handover stage and residents are facing challenges in forming associations, managing common areas, collecting maintenance, and taking collective decisions. A comprehensive and practical Act will provide much-needed clarity, strengthen resident participation, and help ensure smoother management of apartment communities. We are looking forward to this long-pending reform becoming a reality.”Dhananjaya Padmanabhachar, convener, Karnataka Home Buyers Forum, said: “Many homebuyers have been waiting since 1972 for apartment association registration under the competent authority and for the transfer of common areas to associations. With the new political developments in the state, we hope the commitment made to bring through a new legislation will finally become reality. We hope to get justice after waiting for five decades.”