In a ruling that clarifies the legal architecture for residential apartment governance, the High Court of Karnataka has said there is no repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Karnataka Apartment Ownership Act, 1972 (KAOA).
“The provisions of RERA will apply from the stage of development of projects till handing over of possession of the apartment to the owners and the undivided share of the project in favour of the association of owners formed under the provisions of KAOA. And the provisions of KAOA will be applicable once such handing over is complete and the association is formed in accordance with the law. In other words, the provisions under RERA are applicable to the pre-ownership stage, and the provisions under KAOA are applicable post-ownership,” the Court said.
The right body
The Court also reiterated that the association of owners formed under the KAOA is the right body to maintain and manage residential apartments, and not a cooperative society registered under the Karnataka Cooperative Societies Act, 1959.
Justice M.G. Uma passed the order while allowing a petition filed by Sobha Limited, the developer of the 395-unit Sobha HRC Pristine apartment complex in Jakkur.
