For fifty years, apartment living in Karnataka has run on two laws written in 1972, long before gated communities, clubhouses and 40-tower projects became normal in Bangalore. Disputes over who owns the land under a building, when the builder must hand over the common areas, and how maintenance should be split have usually ended in long civil suits.

In August 2026 the legislature passed a replacement: the Karnataka Apartment (Ownership and Management) Bill, 2026, now widely called KAOMA. It is a significant change for flat buyers, existing residents, resident welfare associations (RWAs) and developers. But one point matters before anything else: as of 25 September 2026 it is not yet law.

Here is what the Bill says, what it changes, where it stands, and what to do now.

Where the Bill Stands as of 25 September 2026

The Bill itself says it comes into force on a date the state government notifies. Many details, including the model bye-laws, are left to rules not yet framed. Deccan Herald reported that the Urban Development Department described the Governor's step as seeking clarity, not a rejection. I could not find any public record of what the government has replied, so treat everything below as what is likely to apply, not what applies today.

What the 1972 Laws Did, and Why They Fell Short

Two 1972 laws are being replaced: the Karnataka Apartment Ownership Act, 1972 (KAOA) and the Karnataka Ownership Flats Act, 1972. Under KAOA, the Act applied to a building only once the owner submitted a deed of declaration, which in practice made it optional.

The older law also had little to say about how associations should be governed, offered no clear way to force a builder to transfer common areas to owners, did not deal with redevelopment of old buildings, and left most disputes to the civil courts. RERA (2016) requires promoters to convey common areas to the association, but commentators have noted that Karnataka had no effective state mechanism to enforce that.

What the New Bill Changes

Who it covers

The Bill applies to projects with more than eight apartments, approved under the Karnataka Town and Country Planning Act, 1961. It includes villas and row houses in a common project, but excludes plotted layouts and government buildings.

Ownership separated from management

Each owner gets exclusive title to the flat plus an undivided share in the land and common areas. The association manages the common areas but does not own them. That undivided share is now calculated by the ratio of your flat's private area to the total private area of all flats. Under KAOA it was based on relative value. Some owners' groups argue the new formula is unfair to buyers who paid more for better-placed units, a point Citizen Matters raised in September.

Mandatory declaration and handover in 60 days

Within 60 days of the Occupancy Certificate, the promoter must file the declaration with a competent authority and hand over original documents (title deeds, sanctioned plans, approvals, as-built drawings, statutory certificates, insurance, operation manuals and maintenance contracts). In the same window the promoter must transfer maintenance deposits, security deposits, the corpus fund and advance maintenance, with an audited statement. Explainers of the Bill text report penalties of up to ₹1 lakh plus ₹1,000 a day for continuing non-compliance.

One association per project

The promoter must help register the association within three months of a majority of flats being allotted. Only one association is allowed per project, and it cannot be registered under any other law. The date on which management actually passes to the association is left to be notified in rules. After handover, the builder cannot add further construction unless it is in the sanctioned plan, approved, and agreed by at least two-thirds of owners.

Clean title protection

The promoter must disclose all mortgages in the declaration and in every sale deed, and cannot convey a flat without a release or no-due certificate from the lender. This targets a long-running Bangalore problem: builders mortgaging project land after selling flats.

Maintenance charges

Common expenses are shared in proportion to super built-up area, not a flat per-unit rate. Late-payment penalties are capped at one month's maintenance. Unpaid dues become a charge on the flat. An association can restrict non-essential amenities for persistent defaulters, but cannot cut water, electricity, lifts, sanitation, fire safety or access.

Disputes and redevelopment

Disputes go to a competent authority (an officer of the local or planning authority) with civil court powers, then to two levels of appeal. Explainers report 90-day and 30-day disposal targets for the appeals. Buildings over 30 years old need a structural stability certificate, renewed every five years. Redevelopment needs consent of 75% of owners; reports say dissenters receive at least twice the value of their share, though I could not confirm the exact compensation wording in the Bill text I read.

Old Law vs New Bill at a Glance

How It Sits With RERA

As the minister put it in the Council: before purchase, buyers are protected by RERA, and after they move in, this law gives them rights. The Bill refers to RERA for the contents of sale deeds and keeps the builder liable for structural defects for the RERA defect liability period, even after handover.

The friction point is title. RERA Section 17 requires a registered conveyance of common areas to the association. Owners' groups, including the Federation of Karnataka Apartment Owners' Co-operative Societies and the Karnataka Home Buyers Forum, have argued the Bill does not make clear how the land title transfer will appear in land and mutation records, and that barring co-operative societies weakens owners. These concerns were reported around the time the Governor sought clarification. Whether the final text changes is not known yet.

What It Means for Each Group

Flat buyers in Bangalore

Once in force, you would have a statutory route to force handover of documents and the corpus, and a cleaner way to stop post-sale mortgages. Until then, rely on RERA and your sale agreement. Your agreement should already spell out the corpus amount, advance maintenance and the handover process. Use our buying cost calculator to budget stamp duty and registration (about 7.6% all-in for most homes above ₹45 lakh), then add corpus and advance maintenance separately.

Existing apartment residents

Associations registered as societies, co-operatives, under KAOA or as companies would be deemed associations under the new law, but must file particulars and bring their bye-laws in line within six months of commencement. Projects with more than one association must merge into one. If your builder never conveyed the common areas, watch for the final text: the July draft included deemed conveyance, but how title will be recorded remains one of the open questions.

RWAs and management committees

Expect more formality: model bye-laws, audited accounts within six months of the year end, a single register, and limits on penalties. Amendments to bye-laws will need two-thirds of members present and voting. Start tidying records now, including the corpus balance.

Developers

The cost of a slow handover rises. Plan to file the declaration and hand over documents and funds within 60 days of OC, keep lender NOCs ready for each sale, and disclose every encumbrance in sale deeds.

Buyer Checklist Before You Purchase

1. Confirm the project's RERA registration and check the promoter's past projects for handover complaints.
2. Ask whether a deed of declaration has been or will be filed, and read it if available.
3. Check your undivided share in the sale deed and how it was calculated.
4. Get an encumbrance certificate and the lender's release or NOC for your flat.
5. Get the corpus fund, advance maintenance and maintenance basis (carpet or super built-up) in writing in the agreement.
6. Check how parking is allotted. The Bill treats parking as private only if it is a demarcated unit in the sanctioned plan and conveyed by registered deed.

Checklist at Handover

1. Confirm the Occupancy Certificate date, because the 60-day clock would run from it.
2. Collect copies of title deeds, sanctioned plan, as-built drawings and fire and lift certificates for the association.
3. Ask for an audited statement of corpus, deposits and maintenance collected, and track its transfer.
4. Check that your e-khata and property tax records are in your name.
5. Do a snag list within the RERA defect liability period. Our possession checklist covers the details.
6. Join the association early and make sure it is registered correctly, ideally in a way that can conform to the new law.

What to Watch Next

Three things: whether the government sends the Bill back to the Governor unchanged or amends it; the date of the commencement notification; and the rules and model bye-laws, which will decide handover periods and many penalties. What I tell clients is simple: do not delay a good purchase because of KAOMA, and do not assume its protections apply yet. Write the protections you want into your agreement, and confirm the legal position with a property lawyer before signing.

Frequently Asked Questions

Is the Karnataka Apartment (Ownership and Management) Act in force?

No. As of 25 September 2026 the Bill has passed both Houses but the Governor returned it seeking clarifications. It needs assent and a government notification before it applies.

Does the new law replace the Karnataka Apartment Ownership Act 1972?

That is the intention. The Bill is meant to replace the Karnataka Apartment Ownership Act, 1972 and the Karnataka Ownership Flats Act, 1972, but the old laws continue until the new one is notified.

Which apartment projects will it apply to?

Projects with more than eight apartments approved under the Karnataka Town and Country Planning Act, 1961, including villas and row houses within a common project.

What happens to our existing RWA registered as a society?

Under the Bill, existing associations would be treated as associations under the new law but must file particulars and align their bye-laws within six months of it coming into force. Multiple associations in one project would have to merge.

How will maintenance be calculated under the new law?

Common expenses would be shared in proportion to each flat's super built-up area, and late-payment penalties would be capped at one month's maintenance charge. Essential services cannot be cut for non-payment.

If you are buying a flat in Bangalore and want the title, encumbrance, khata and handover terms checked before you commit, or your association needs help sorting out documents with the builder, our khata, tax and EC liaison service can help. Message me on WhatsApp.

Sources

• Business Today: Homebuyers get stronger rights: Karnataka's apartment law, UP RERA's new maintenance rules explained (16 July 2026)
• Karnataka Legislative Council: Karnataka Apartment (Ownership and Management) Bill, 2026 (LA Bill No. 14 of 2026, as passed by the Assembly)
• The News Minute: Karnataka Assembly passes Apartment Ownership Bill amid BJP, JD(S) protest (21 August 2026)
• Deccan Chronicle: Karnataka Legislative Council passes 2 bills amid BJP din (24 August 2026)
• Deccan Herald: Guv Gehlot returns BMLTA, Apartment Bills to Karnataka govt, seeks clarifications (9 September 2026)
• Bar and Bench: The Karnataka Apartment (Ownership and Management) Bill: Reforms in apartment governance
• Citizen Matters: How Karnataka's proposed apartment law shortchanges homeowners (12 September 2026)

Last updated Sep 25, 2026. Figures and rules change; check current details with a professional before you act.

ABOUT THE AUTHOR

Tariq Sallam

Founder, Proptals · Karnataka RERA registered agent

Tariq has advised buyers, sellers, landlords, landowners and developers in Bangalore since 2004. He writes about what he sees on site visits, in negotiations and at registration offices.

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