BDA commissioner urges state to name authority for registering apartment associations

The Bangalore Development Authority (BDA) Commissioner has written to the Urban Development Department urging the state government to designate a competent authority to register apartment owners' associations under the Karnataka Apartment Ownership Act (KAOA), 1972. The move comes as flat owners in Bengaluru localities like Gunjur and Konadasapura face administrative uncertainty and litigation due to a legal vacuum.

In a letter dated 29 June addressed to the Additional Chief Secretary of the Urban Development Department, the Commissioner highlighted the difficulties flat owners face when trying to submit applications. The Commissioner noted that despite existing norms, authorities are refusing to accept registration applications, creating a legal vacuum.

The Commissioner cited a Karnataka High Court judgment in the case of Rekha Kannan & Others v State of Karnataka & Others. The court had reiterated that residential apartment owners' associations must be registered under the KAOA, 1972, rather than the Karnataka Co-operative Societies Act, 1959.

According to the letter, Section 3(i) of the KAOA, 1972 defines the competent authority as the Secretary of the Housing Department for housing projects under that department, and the Registrar of Co-operative Societies in other cases. Furthermore, Section 5 of the Act mandates the registration of the deed of declaration.

The Commissioner stated that the implementation of the Act has been ineffective due to delays in identifying the competent authority and the absence of a government order prescribing procedures for verifying documents. The letter urged the government to designate the responsible office, specify required documents, and set time limits for verification.

The initiative received a mixed response from local homebuyers. Dhananjaya Padmanabhachar, Sanchalak of the Karnataka Home Buyers’ Forum, welcomed the BDA's letter. He noted that the appointment of a competent authority under the KAOA, 1972 has been pending for five decades. He also referenced a recent RERA order directing the BDA to facilitate the formation of an association and transfer common areas at the BDA Gunjur Apartment project.

However, some residents expressed reservations. Kiran R, a flat owner in Konadasapura, pointed out that the BDA has not completed pending infrastructure works, including a compound wall. Another resident, Narayana Shetty, stated that apartment owners would only register their association after the BDA completes pending tasks such as making the sewage treatment plant operational, providing fire safety equipment, and issuing the Occupation Certificate.