| Topic | Description | Reference |
|---|---|---|
| RERA Dilution by State Governments | One of the important reasons why RERA Karnataka failed to provide justice to home buyers is the dilution of the RERA Act 2016 and incorrect definition of RERA Rules. “Some of the important deviations that we have seen are with respect to OC and formation of allottees association. | https://bangaloremirror.indiatimes.com/bangalore/others/partial-occupancy-sparks-concern/articleshow/99942748.cms (03-05-2023) https://theprint.in/economy/much-distance-covered-in-implementation-of-rera-but-lot-needs-to-be-done-hardeep-puri/1566346/ (10-05-2023) https://www.moneycontrol.com/news/business/real-estate/dilution-of-rera-rules-sc-directs-state-governments-to-respond-to-centres-queries-by-may-15-8375761.html https://www.moneycontrol.com/news/business/projects-with-partial-occupancy-certificate-not-classified-as-ongoing-krera-10516091.html https://www.hindustantimes.com/real-estate/states-should-not-dilute-rera-provisions-union-housing-minister-puri-101649844593293.html (13-04-2023) https://www.outlookindia.com/business/central-rera-law-will-not-be-diluted-says-central-government-news-191442 (13-04-2023) |
| UPOR to be a reality soon, concerns remain (29-04-2023) | For apartments, the UPOR captures the SBU (Super Built Up Area), dimensions of the apartment etc. but it does not capture the Undivided Share of the land for the apartments. “The scheme suits individual properties well, but there are loopholes in the case of apartments which needs to be fixed by the Revenue Department to ensure property ownership for flat owners. | https://www.deccanherald.com/specials/point-blank/upor-to-be-a-reality-soon-concerns-remain-1214164.html |
| The right way of forming an apartment owners association (28-04-2023) | The apartment owners association to be registered as per section 10 of Karnataka Owners Flats Act 1972. But majority of the apartment owners are not aware of the right acts that helps to protect their land rights. The article published by the Deccan herald gives a very good insight about different acts and the right wat of forming association of flat owners in Karnataka. Every flat owner in Karnataka must read this article. |  https://www.deccanherald.com/specials/point-blank/the-right-way-of-forming-apartment-owners-associations-1213814.html |
| Karnataka Home Buyers and Flat owners demands for the political parties in Karnataka for the upcoming elections (20-04-2023) | The Karnataka Home Buyers Forum has submitted demands to all the political parties with list of items to protect the interest of home buyers/flat owners in Karnataka. |   Reference: https://timesofindia.indiatimes.com/city/bengaluru/karnataka-polls-parties-eye-vote-bank-pull-out-all-stops-to-woo-apartment-dwellers/articleshow/99626313.cms?from=mdr https://bangaloremirror.indiatimes.com/bangalore/others/what-home-buyers-flat-owners-want/articleshow/99566520.cms |
| K-RERA orders to register flat buyers association as Co-Operative Societies (04-03-2023) | The Karnataka Real Estate Regulatory Authority (K-RERA) court has recommended to the Registrar of Co-operative Society and their subordinate offices to take steps to register an association of a residential project at Karkala Town in Udupi district under the Co-operative Societies Act | https://www.newindianexpress.com/states/karnataka/2023/mar/04/register-flat-buyers-association-as-co-operative-society-karnataka-rera-court-2552932.html |
| Govt of Karnataka clarified that Flat owners needs to register Apartment Owners Association under Karnataka Co-Operative Societies Act or Company Act | Karnataka Law Department Under Secretary M Mahesh Babu, in a reply to a RTI query from Dhananjaya of VS Cozy Apartment, JP Nagar, has stated that promoter, as per Karnataka Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act 1972, has to take steps for formation of co-operative society or company. By forming a co-operative society of apartment owners, the society becomes a body corporate which can execute conveyance deed as per section 17 of RERA Act 2016 and also gets authority to sign the contracts with the service providers. | https://bangaloremirror.indiatimes.com/bangalore/others/big-relief-for-flat-owners/articleshow/98343678.cms https://www.deccanherald.com/state/apartment-bodies-must-be-co-ops-or-cos-to-enjoy-rights-1196363.html https://www.moneycontrol.com/news/business/real-estate/mc-exclusive-how-a-registration-error-is-preventing-conveyance-of-land-titles-to-homebuyers-in-karnataka-9917081.html https://kannada.oneindia.com/news/karnataka/flat-owners-associations-have-to-be-registered-under-karnataka-cooperative-societies-act-or-company-285590.html |
| Karnataka Govt sends second notice to developer for non-compliance with environmental regulation (24-02-2023) | State Level Environmental Impact Assessment Authority (SLEIAA) has issued a second show cause notice to a real estate project in Bengaluru for not installing solar energy facilities, discharging sewage into an adjacent and failing to hand over management services to the Resident Welfare Association. Dhananjaya Padmanabhachar, director of Karnataka Home Buyers Forum, added: “All flat owners and housing co-operative societies should ensure to get an audit done from an independent consulting company before taking handover from the promoters on all the approvals — STP audit, validating all NOCs (No Objection Certificates) and ensure the documents are clear.” Prema Mistry who bought a 3BHK apartment in 2011, today priced at about Rs 1.3 crore, said: “We still have a temporary power supply, and due to an absence of solar panels, we are paying more for electricity bills for common areas.” | https://www.moneycontrol.com/news/business/karnataka-sends-second-notice-to-developer-for-non-compliance-with-environmental-regulations-10154351.html |
| Supreme Court orders handover of Mantri Serenity flats by March 13, 2023 (16-02-2023) | The Supreme Court on 13th Feb 2023 has ordered in Civil appeal 8418/2022 to Mantri Castles Private Limited to hand over possession of flats in project Mantri Serenity, to home buyers who have made full payment, before March 13, 2023. | https://www.moneycontrol.com/news/business/supreme-court-orders-handover-of-mantri-serenity-flats-by-march-13-gives-relief-to-over-1000-homebuyers-10098891.html https://www.newindianexpress.com/cities/bengaluru/2023/feb/16/sc-orders-handover-of-mantri-serenity-flats-to-owners-2547825.html https://www.kannadaprabha.com/karnataka/2023/feb/16/supreme-court-orders-handover-of-mantri-serenity-flats-to-owners-487564.html |
| How a registration error is preventing conveyance of land titles to homebuyers in Karnataka | The Karnataka Government has clarified that residents welfare associations cannot be registered under the Karnataka Apartment Ownership Act (KAOA), 1972. “If associations are registered under Karnataka Co-Operative Societies Act 1959, homebuyers can demand conveyance of the land title” says Dhananjaya Padmanabhachar. | https://www.moneycontrol.com/news/business/real-estate/mc-exclusive-how-a-registration-error-is-preventing-conveyance-of-land-titles-to-homebuyers-in-karnataka-9917081.html |
| ಮನೆ ಗ್ರಾಹಕರ / ಅಪಾರ್ಟ್ಮೆಂಟ್ ಮಾಲೀಕರ ಭೂಮಿಯ ಹಕ್ಕುಗಳ ರಕ್ಷಣೆ (05-02-2023) | ಧನಂಜಯ ಪದ್ಮನಾಭಾಚಾರ್, ಅಧ್ಯಕ್ಷ, ಕರ್ನಾಟಕ ಮನೆ ಗ್ರಾಹಕರ ವೇದಿಕೆ ಅಪಾರ್ಟ್ಮೆಂಟ್ ಬಳಸುವ ಗ್ರಾಹಕರ ಸಂಖ್ಯೆ 10 ಲಕ್ಷವಿದೆ. ದೊಡ್ಡ ಮೊತ್ತದ ಹಣ ಪಾವತಿಸಿ, ಅಪಾರ್ಟ್ಮೆಂಟ್ ಖರೀದಿಸಿದರೂ, ಭೂಮಿಯ ಹಕ್ಕು ಮಾಲೀಕರಿಗೇ ಸೇರಿರುತ್ತದೆ. ಈ ಬಗ್ಗೆ ಸೂಕ್ತ ಕಾನೂನು ರಚಿಸಬೇಕು. ಸಚಿವ ಸೋಮಶೇಖರ್: ಈ ಸಮಸ್ಯೆ ಐದು ದಶಕಗಳಿಂದ ಇದೆ. ಸರ್ಕಾರ ಕಾನೂನಿಗೆ ತಿದ್ದಿಪಡಿ ತರಲಿದೆ. |  Article: https://www.prajavani.net/district/bengaluru-city/janaspandana-lack-of-facilities-a-ray-of-hope-for-relief-1012509.html |
| Karnataka flat owners in legal trouble over land rights | Absence of a conveyance deed executed to the owners’ association with mutation records not reflecting their encumbrance may put thousands of Karnataka flat owners in legal trouble over exercising their Undivided Share (UDS) of the land given to them. “The encumbrance certificate still shows names of the landowners. When the owners of apartments do not have title ownership rights to a land, the said land can be remortgaged by erstwhile landowners and that too without any knowledge or intimation to any of the owners,” says Ameya Usgaonkar. | Article: https://www.deccanherald.com/state/top-karnataka-stories/karnataka-flat-owners-in-legal-trouble-over-land-rights-1177094.html |
| Karnataka amends land mutation rules on paper, not in practice | The Karnataka Government has amended the Land Revenue Rules of 1966, and reduced the notice period for the mutation of registered documents to seven days, and unregistered documents to 15 days, from one month previously. This is the notice that needs to be given to the sub-registrar. Homebuyers claim that despite several requests, the sub-registrar’s office has not been ordering tahsildars to complete the mutation for the land on which the housing society stands. | https://www.moneycontrol.com/news/business/karnataka-amends-land-mutation-rules-on-paper-not-in-practice-9793191.html |
| Karnataka clarifies on RWA registrations, homebuyers demand deemed conveyance | Karnataka has clarified in a letter to the Registrar of Co-operative Societies (RCS) that resident welfare associations (RWAs) cannot be registered under the Karnataka Societies Registration Act (KSRA), 1960. RWAs can be registered under the Karnataka Co-Operative Societies Act (KCSA), 1959, for the maintenance of common areas, after considering previous orders from the Karnataka High Court. Dhananjaya Padmanabhachar, co-founder and principal secretary of Mantri Serenity Home Buyers Forum, said: “The Karnataka state government has not given a proper direction to homebuyers to protect the interest on the land title and effective functioning of the association.” | https://www.moneycontrol.com/news/business/mc-exclusive-karnataka-govt-clarifies-on-registration-of-rwas-homebuyers-demand-deemed-conveyance-9768351.html |
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