PROPRIETAS 2.0 Highlights Legal Awareness and Good Governance in Apartment Communities
Bengaluru, June 6: In an effort to strengthen legal awareness and promote transparent governance within apartment communities, NLS Legal & Society, in association with the Bangalore Apartment Federation (BAF), organized PROPRIETAS 2.0 – Where Apartment Living Meets Legal Clarity at the St. Joseph’s College of Law Auditorium in Bengaluru on Saturday .
The programme brought together apartment owners, residents, legal professionals, policymakers, urban governance experts, and representatives of regulatory bodies to discuss the growing legal and administrative challenges faced by apartment communities.
With apartment living becoming the preferred housing choice for a significant section of Bengaluru’s population, the event focused on issues such as governance of apartment associations, developer accountability, handover procedures, maintenance disputes, compliance requirements, ownership and management of common areas, financial transparency, environmental obligations, and residents’ legal rights.
Experts noted that a lack of awareness regarding statutory provisions and regulatory frameworks often leads to disputes and governance challenges within apartment complexes. The sessions aimed to equip residents and association members with practical legal knowledge to safeguard ownership rights and ensure lawful and efficient community administration.
The programme witnessed the participation of several distinguished dignitaries and representatives from key institutions, including the Chairman of the Law Commission, Chairman of Karnataka RERA, Hon’ble Judges of the High Court, MLA Shri N.A. Haris, the Chairperson of BWSSB, and officials from the BDA, Greater Bengaluru Authority (GBA), and the Karnataka State Pollution Control Board.
Speaking on the occasion, Justice Ashok B. Hinchigeri, Chairman of the Karnataka Law Commission and former Judge of the Karnataka High Court, described Shri Ramachandran, former District and Sessions Judge of Kerala, as a ceaseless fighter (tireless crusader) who has consistently fought for several important public causes.
Justice Hinchigeri observed that apartment living has become an unavoidable reality in urban areas, as it offers residents access to shared amenities, essential services, and enhanced security. He remarked that purchasing and residing in an apartment is not merely a property transaction but also a social contract that requires cooperation and collective responsibility among residents.
Highlighting the legal framework governing apartment ownership, he pointed out that under the Karnataka Apartment Ownership Act, 1972, every apartment owner is entitled to an undivided share in the land and common areas attached to the property. He cautioned against the practice of vesting ownership of common areas in welfare associations or cooperative societies, stating that such an approach is legally unsound and contrary to the spirit of the law.
Justice Hinchigeri further noted that delays by builders in facilitating the formation of apartment associations often lead to numerous governance and maintenance issues. He also expressed concern over the widespread practice of handing over apartments to purchasers without obtaining the Occupancy Certificate (OC) and Possession Certificate, describing it as illegal and potentially exposing owners to legal complications, including the risk of eviction through due process of law.
Addressing the need for effective apartment governance, he suggested a decentralized administrative structure wherein each block has its own committee, supported by a central committee overseeing the entire complex. Such a model, he said, would promote greater transparency, accountability, and efficient management of apartment communities.
Through expert-led discussions and interactive sessions, participants gained insights into legal compliance, developer obligations, documentation requirements, dispute resolution mechanisms, and best practices for managing apartment communities.
The organizers said the initiative was aimed at fostering informed, responsible, and legally compliant apartment governance while empowering residents to actively protect their rights and contribute to harmonious community living.
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