Apartment bill’s sweeping powers for officials raises concerns

Bengaluru: Help may finally be on the way for lakhs of apartment dwellers in Bengaluru who have long complained about unresponsive builders, missing corpus funds and associations run like fiefdoms, but it could come with a fresh set of worries.

The Karnataka Apartment (Ownership and Management) Bill 2026 tabled in the legislative assembly Wednesday, hands a competent authority far reaching powers to step into disputes between promoters, apartment associations and owners, sparking a mixture of relief and unease among residents’ groups.

The bill allows the authority to act suo motu and launch inquiries into affairs of housing projects, including its finances and day-to-day working, even without a formal complaint.

The bill states the competent authority has powers “to require any promoter, association or apartment owner to furnish information, documents or explanation in writing as may be necessary to conduct an inquiry into the affairs of the project including the constitution, working and financial condition of the association”. The authority can also appoint one or more persons to carry out such inquiries and submit a report within a specified time.

The bill also shields officials from legal action for steps taken while discharging duties “done in good faith under the Act”.

The suo motu clause has left room for apprehension over possible misuse, even as apartment owners say they are hopeful the provision will be used responsibly.

Satish Mallya, president, Bengaluru Apartment Federation (BAF), said: “While the letter of the law is a concern, we expect the clause to be used judiciously since the definition of the competent authority would mean a KAS or IAS officer as only they are eligible.”

Mallya pointed out that the bill has already been softened. The earlier draft allowed the authority to enter an apartment complex for inspection without notice. “The bill has now incorporated prior notice to enter premises which is likely to be 24 hours before an inspection,” he said.

Krishna Byre Gowda, Bengaluru development minister, told TOI the accompanying rules will lay down safeguards to prevent arbitrary use of powers. “We will explicitly define justifiable circumstances under which inspections can be carried out,” he said.

The bill also proposes setting up Karnataka State Consultation and Advisory Committee, a consultation and advisory body at the state-level. It would comprise representatives of apartment owners’ associations and govt officials, headed by a govt-appointed chairperson and is meant to advise the govt on concerns raised by apartment owners and suggest remedial measures.

Source: The Times of India