Karnataka Governor Puts Apartment Bill on Hold, Seeks Clarification

Karnataka Governor Thaawarchand Gehlot has put the Karnataka Apartment Ownership and Management Act (KAOMA) Bill, 2026, on hold and sought clarifications on provisions of the proposed law, according to the Times of India.

The Bill, recently passed by the Karnataka legislature, seeks to overhaul how apartment ownership and management are governed in the state. If enacted, it could affect flat owners on issues ranging from common-area ownership and redevelopment to structural safety and dispute resolution.

The Governor's office has not publicly disclosed the specific provisions on which it is seeking clarification, according to the Times of India report. That means the Bill's immediate next step remains dependent on the state's response and any changes that may follow.

Common areas could become collective property of apartment owners

One of the proposed changes concerns ownership of common areas.

Under the Bill, land and shared parts of an apartment complex — including lobbies, staircases, lifts, corridors, terraces and other common facilities — would be treated as collectively owned by apartment owners.

The proposal could change how these spaces are legally held and managed. The Times of India reported that the Bill seeks to move such ownership away from the apartment association's existing control or ownership arrangements and establish collective ownership among apartment owners.

Land title remains a concern for homebuyers

The proposed treatment of land title has emerged as a key concern among apartment owner groups.

The Karnataka Home Buyers Forum has argued that the Bill does not adequately provide for transferring land title to the Association of Allottees. The forum has pointed to Section 17 of the Real Estate (Regulation and Development) Act, or RERA, which provides for transfer of the title of common areas to the Association of Allottees after its formation.

The forum has warned that if land title is not transferred, land records could continue to carry the previous landowner's name. It has also raised concerns about the possibility of promoters mortgaging the land.

These are concerns raised by the forum and should not be treated as findings against developers or as established consequences of the Bill.

Redevelopment threshold proposed at 75%

The Bill also proposes a framework for redevelopment of apartment buildings.

According to the Times of India, redevelopment could proceed when 75% of apartment owners agree to it. Owners who do not consent would be entitled to compensation under the proposed framework.

For residents of ageing apartment complexes, such a provision could make it easier to pursue redevelopment when a substantial majority of owners supports rebuilding.

Older buildings could face five-year safety checks

The proposed legislation also includes structural safety provisions for older buildings.

The Bill proposes mandatory structural stability certificates every five years once a building reaches 30 years of age, according to the Times of India.

If enacted, the provision would introduce a recurring safety-check requirement for older apartment buildings rather than leaving structural assessment solely to individual associations or owners.

Dedicated mechanism proposed for apartment disputes

The Bill proposes a dedicated dispute-resolution mechanism under the urban development department.

The aim would be to provide apartment owners with a specific mechanism for resolving disputes concerning apartment ownership and management, rather than leaving every dispute to existing legal and administrative channels.

The proposed law would apply to apartment projects containing more than eight units, according to the Times of India.

What happens next?

For now, the KAOMA Bill remains on hold while the Governor seeks clarification. The specific provisions requiring clarification have not been disclosed.

The issues raised around land title, common-area ownership and the rights of apartment owners could therefore remain central to the next stage of the legislation.

Until the Governor's concerns are addressed and the legislative process is completed, the proposed provisions do not change the legal position of Karnataka's apartment owners.

The Bill's eventual form could matter significantly to residents of existing and future apartment projects, particularly on questions of ownership, redevelopment, structural safety and dispute resolution.

Sources

https://timesofindia.indiatimes.com/city/bengaluru/karnataka-governor-puts-apartment-bill-on-hold-seeks-clarification/articleshow/133977206.cms

https://timesofindia.indiatimes.com/real-estate/news/karnataka-apartment-bill-on-hold-what-could-it-mean-for-flat-owners/articleshow/134001683.cms