Publication ≠ commencement
- 9 October 2026Governor’s assent
- 15 October 2026Gazette publication
- Appointed dateSeparate commencement notification required; not verified in this review
Calculate each deadline from its own statutory trigger.
FAQ Knowledge Base
Answers for your apartment community.
50 practical answers for owners, committees and promoters, with references to the published Act. Search by keyword or browse by topic.
Based on the published Act · source check 16 October 2026
References below are to Act 45 of 2026, authorised English text at Gazette pages 55–100. Section 1(2) requires a separate commencement notification; that notification and subsequent rules/appointments have not been verified here. Read the answers as explanations of the enacted framework, not a statement that every duty or deadline is already operational. Source & implementation status →
Three distinctions that matter
Different decisions, different rules
- Ordinary membership
- One member, one vote — s.21(7)
- Redevelopment consent
- Owners representing at least 75% of all project apartments, in writing; authority approval follows — s.48(3)
- Replacement committee after scheme approval
- One vote per apartment — s.48(5)(b)
Owners hold. Association manages.
Apartment ownersApartment ownership + undivided interests in land and common areas
AssociationManagement, maintenance and administration under ordinary handover
Management handover does not itself convey owners’ title to the association — s.10(3).
Illustration only
Understand the 75% threshold
Count apartments across the whole approved project, not just meeting attendees. This illustrates arithmetic only; it does not assess eligibility, valid consent or approvals.
60 of 80 apartments is the numerical 75% minimum.
Written consent at the specified general body meeting and Second Appellate Authority approval are separate requirements. See s.48(3).
1. Which projects does KAOMA 2026 cover?
Section 1(3) covers projects with more than eight apartments—nine or more—in the specified approval categories. These include one or more buildings, including villas, under single-plot or development-plan approvals, and apartments on building sites in layouts approved under section 17 of the Karnataka Town and Country Planning Act.
The definition of apartment includes residential, commercial and institutional units. Confirm project boundaries, approval records and exclusions; a marketing description or unit count alone is not a complete applicability test.
2. Which buildings or villa developments are excluded?
The Act excludes buildings used for government, government-undertaking or local-authority offices or activities. It also excludes buildings retained in single ownership and not intended to be divided into separately owned apartments, even where tenants occupy them.
The plotted/villa exemption requires individually registered land conveyances and handover of roads, parks and civic amenities to the local authority. Shared areas, services or infrastructure intended for collective ownership, use or management prevent reliance on that exemption.
3. What happens to an existing registered association?
Associations registered before commencement under the specified Societies, Co-operative Societies, Apartment Ownership or Companies Acts are deemed associations under the new Act. Section 22(6) requires multiple associations for one project to merge into one.
Within six months of commencement, the deemed association must furnish prescribed registration, membership and bye-law particulars and align its bye-laws with the Act and prescribed model bye-laws. This period runs from commencement, not automatically from Gazette publication.
4. Can an association for an applicable project register under another law?
Section 22(5) prohibits a promoter, allottee or owner of a project to which the Act applies from registering an apartment association under another law for managing apartment affairs or common areas. The restriction is wider than a list of two or three statutes.
Read this with the commencement provision and the separate recognition of existing associations in section 22(6). Do not interpret publication alone as requiring every existing registered body to dissolve immediately.
5. When must the promoter facilitate association formation?
The statutory period is three months from the date on which a majority of apartments in the project have been allotted. Promoter and allottees share responsibility for ensuring formation. If the promoter fails, the Competent Authority may act and cause the association to be formed.
For phased projects, the formation majority is determined using the first phase. Later-phase owners join the existing project association on completion and execution of their apartment deeds, as specified in the Act.
6. What must be handed over within 60 days of the Occupancy Certificate?
Section 16 requires delivery of original project records in physical or electronic form and transfer of maintenance deposits, security deposits, corpus, advance maintenance and related common-area collections, with accrued interest and an audited project-wise and allottee-wise statement, within 60 days of the OC.
The declaration has its own 60-day OC trigger under section 13(1). Transfer of management is a separate legal step under sections 10(2) and 21(10), with a prescribed/notified period. Do not describe every aspect of handover as having one identical deadline.
Sections 13(1), 16(1)(b)–(c), 10(2), 21(10) · Gazette p.70 ↗
7. How should maintenance and common expenses be apportioned?
The provisions must be read together. Section 9 generally apportions common expenses by statutory private area, subject to the Act or bye-laws. Sections 2(t) and 25(2)(a) refer to super built-up area for maintenance, with allowances for special services or usage. Section 25(1) requires consistency with the Act.
Check the registered area break-up, expense classification and lawful bye-laws before changing bills. A sales-brochure area or a blanket “equal for everyone” policy does not by itself resolve the statutory calculation. Proportionately allocated common built-up area can produce the same ratio as private area.
8. Who can audit the association, and when must accounts be submitted?
Section 28(5) requires annual audit by a chartered accountant or another qualified auditor as may be prescribed. It is therefore inaccurate to state that the Act permits only a CA in every circumstance.
The association must submit audited accounts to the Competent Authority within six months of the end of each financial year, in the prescribed form and manner. Check commencement, the relevant reporting period and applicable rules before assigning a calendar filing deadline.
9. Can the promoter retain the clubhouse or another common facility?
A facility within project land or consuming project FAR forms part of the common areas under section 2(m). Promoter retention is permitted only where the facility is on a separate parcel outside project land, retention is specifically approved in the sanctioned plan, and the rights are disclosed in the declaration and sale agreement before allotment.
A retained facility’s built-up area cannot be loaded into apartment super built-up area or used to determine owners’ undivided shares. Charging a membership or usage fee does not by itself turn a common facility into the promoter’s private property.
10. When does a parking space qualify as private parking?
The space must meet all three statutory conditions: it forms part of a separate enclosed or specifically demarcated built-up unit, is approved as an independent parking unit in the sanctioned plan, and is conveyed by registered instrument as part of or appurtenant to an apartment.
Common parking cannot become private merely through marking or allotment. Parking failing the private-parking test remains common. A qualifying private space cannot be transferred to a person who is not an apartment owner in the same project.
11. Can an association disconnect services to recover unpaid maintenance?
Essential services—including water, electricity, sanitation, lifts, fire-safety systems and access to the apartment—must not be withheld under section 20(6). For persistent default, only specified non-essential facilities may be restricted, after due notice and in accordance with the bye-laws.
The Act provides recovery and charge procedures involving the Competent Authority and an opportunity of hearing. A committee should use those procedures rather than treat an arrears notice as authority to deny essential access.
12. Does owning several apartments give a member several ordinary votes?
For ordinary association membership under section 21(7), a person is treated as one member with one vote, regardless of apartments held personally or through an entity controlled by that person.
Special decisions must be checked separately. Section 48 counts apartments for redevelopment consent and provides one vote per apartment for election of the replacement committee after redevelopment-scheme approval. Do not apply either rule universally to every vote.
13. How long can an Executive Committee serve?
The bye-laws specify the committee term, but it cannot exceed two years from election. A member who has served two consecutive terms is ineligible for election or nomination for the immediately succeeding term.
If elections are not conducted before expiry, the Competent Authority may appoint an administrator to conduct them. Maintain an election and handover calendar; the Act sets a maximum term rather than mandating that every bye-law choose exactly two years.
14. When is a structural stability assessment required?
After 30 years from construction, the association must obtain an assessment by a certified and registered structural engineer. The engineer classifies the building as safe, safe subject to specified work, or unsafe.
A fresh certificate at least every five years is expressly required where the building is certified safe for continued occupation. Conditional-safety findings require the recommended works; an unsafe finding must also be reported to the authorities. An appeal against an unsafe opinion has a 30-day period under section 31(6).
15. What is the 75% redevelopment consent rule?
Section 48 requires written consent of owners representing at least 75% of apartments in the whole project, at a general body meeting convened for redevelopment. It is not simply 75% of people attending that meeting.
The scheme must then be approved by the Second Appellate Authority to bind all owners. Section 48 also addresses qualifying circumstances, financial arrangements and protections, while section 50 requires planning/local-authority approvals before work begins. Consent alone is not permission to demolish.
16. What monetary-settlement option exists for dissenting owners?
An owner who did not consent or did not participate in the redevelopment vote and does not wish to join the approved scheme may opt for monetary settlement under section 48(6). The association must purchase the apartment and linked interests before planning approval; full payment and related expenses are the association’s responsibility.
Section 48(6)(b) contains a minimum two-times-market-value provision with depreciation, payment-date and mutual-agreement wording, and a specified valuer qualification/registration process. Use the full provision for valuation; a simple “double compensation” promise or online calculator would omit material conditions.
17. Who is the Competent Authority?
The Government must appoint one or more local-authority or planning-authority officers, not below Group-B rank, by Gazette notification within three months of commencement. The notification must define territorial jurisdiction and may distribute functions among officers.
The Act describes the appointment mechanism; it does not itself name the officer for your project. Check the actual notification and jurisdiction before filing. This review did not verify an appointment notification.
18. What is the appeal route and what are the time limits?
An order of the Competent Authority can be appealed to the First Appellate Authority, followed by the Second Appellate Authority. Sections 44 and 45 generally prescribe 30 days from the order, with delayed appeals possible on sufficient cause. Each authority should decide appeals within 90 days as far as practicable, recording reasons for delay.
A further High Court appeal is provided under section 42(3), with period and manner as prescribed. Some decisions have specific routes or wording, so identify the exact order and provision before calculating a deadline.
19. Does the civil-court bar cover every apartment dispute?
Section 60(1) bars civil suits or proceedings for matters the Competent Authority or Appellate Authorities are empowered to determine. It should not be described as a universal prohibition on every dispute connected with an apartment.
Read the precise issue, commencement, the statutory appeal route and other applicable laws together. Section 64 preserves the Act’s operation alongside other laws; selecting a forum needs case-specific examination.
20. How does the Act address separate property-tax assessment?
Section 55 treats each apartment, together with its corresponding undivided interests, as a separate property for assessment and levy of tax on land and buildings. The relevant local authority is to assess and tax it separately and may make administrative arrangements.
This provision does not itself supply an individual tax calculation, replace title verification or prove that every project’s records have already been updated.
21. Which promoter failures attract the section 52(1) penalty?
The specified failures concern the declaration under section 13, association formation under section 21, execution of the apartment transfer deed under section 10, and handing over possession without an OC. After a hearing, the Competent Authority may impose up to ₹1 lakh and up to ₹1,000 per day for a continuing contravention.
These are statutory maximums, not automatic fines. Other contraventions have a separate provision under section 52(2). The website should not label every management-handover delay as the same listed offence.
22. How can Namma KAOMA help our association?
JB Corporate Consultants offers enquiries for formation and registration support, governance documentation, accounts and audit-related work, promoter-handover review and legal advisory. Structural matters can be coordinated with appropriately qualified technical professionals.
Share the project stage and required scope through KAOMA Desk or WhatsApp. The engagement, professional responsibilities, deliverables and fees are agreed after review. Namma KAOMA is a private professional portal, not the Government’s statutory registration portal.
Service information; statutory Government portal: section 54 · Gazette p.96 ↗
23. Does Gazette publication mean the Act is already operational?
The Gazette records Act 45 of 2026, assent on 9 October 2026 and publication on 15 October 2026. Section 1(2) says commencement is the date appointed by Government notification in the Official Gazette.
This review verified the published Act text but did not verify a separate commencement notification. Consequently the website does not assume 15 October is the commencement date or start commencement-based countdowns from it. That is not a claim that no later notification exists.
24. Which date starts a compliance deadline?
Identify the event named by the section: commencement, majority allotment, OC, financial-year end or receipt of an order can each start different periods.
For example, the six-month existing-association transition runs from commencement, while the records-and-funds handover period is 60 days from the OC. Keep the document proving the trigger; do not substitute the Gazette publication date for every deadline.
25. What about a project sold before commencement with no registered association?
The proviso to section 22(1) requires the registration application within three months of commencement for projects where apartments were allotted, sold or transferred before commencement.
Distinguish this from the six-month particulars-and-bye-law obligations for already registered deemed associations under section 22(7). Review existing registration and project records before choosing the route.
26. Can each tower or phase form a separate association?
Section 21(5) provides for a single registered association for every project, with sub-committees if required. First-phase majority allotment controls initial formation in a phased project; qualifying subsequent-phase owners join the existing association as stated in the provision.
First establish the approved project boundary. “Tower”, “phase” and “project” are not interchangeable labels. Mixed-use governance is also subject to the special rule-making provision in section 21(5).
27. Does the promoter pay maintenance for unsold apartments?
Yes, the Act makes the promoter liable for maintenance and other dues for unsold or un-allotted apartments while they remain held by the promoter. Section 25(6) requires maintenance in the same manner as for other apartment owners.
Include those units in the association’s schedules and reconcile the period, assessed amount and collections instead of automatically distributing their liabilities across occupied flats.
28. Can an owner avoid maintenance by leaving the apartment vacant?
Section 25(3) makes owners liable for lawfully assessed maintenance and capital contributions even where they do not use or enjoy the common facilities. Non-use alone is therefore not a blanket exemption.
The Act separately recognises special usage/service charges, which must be considered under lawful bye-laws. For a non-owner occupant, section 25(4) permits recovery from the occupant without removing the owner’s liability.
29. What accounts and bank arrangements should the association maintain?
Section 28 requires a bank account in the association’s name with a Scheduled Bank. It permits separate accounts for different funds in accordance with the bye-laws. Proper books include receipts and payments, income and expenditure, and a balance sheet for each financial year, plus prescribed records.
Practical preparation includes bank reconciliations, unit-wise dues, deposit/corpus schedules, supporting bills and handover reconciliations. These help explain the accounts and support the annual audit.
30. What limits apply to penalties imposed on residents?
For a bye-law violation under section 36, the bye-laws must authorise the penalty and its determination; the resident must receive a notice identifying the violation and proposed penalty and a reasonable hearing opportunity. The penalty cannot exceed that apartment’s monthly maintenance charge.
Section 25(2) separately addresses delayed-payment interest/penalty and the applicable prescribed upper limit. These association penalties are distinct from fines imposed by the Competent Authority under section 52.
31. What should a resale buyer check about outstanding dues?
Obtain through the seller the association’s statement/certificate of unpaid common expenses and examine any charge recorded against the apartment. Section 20(4) imposes joint and several liability with the transferor for unpaid common expenses up to transfer; section 27 addresses continuing charges and the buyer’s recovery rights against the previous owner.
Do not rely solely on a seller’s informal assurance. Reconcile the association certificate, relevant records and the sale documentation before completion.
32. Does the association own the land and common areas after handover?
Ordinary management handover under section 10 transfers management, maintenance and administration to the association. Section 10(3) says ownership remains with apartment owners in their undivided interests.
Owners’ interests are appurtenant to their apartments and are not a right to fence off a corresponding physical piece of garden or land. Special statutory transactions—such as purchases under an approved redevelopment scheme—must be considered separately.
33. What is private area and how is it different from carpet area?
Statutory private area adds external walls and exclusive balcony/verandah areas to RERA carpet area, plus 33% or the percentage specified in the title deed of qualifying terrace, lawn, garden, courtyard or other open space conveyed as part of the apartment.
Super built-up area additionally incorporates the proportionately allocated built-up common areas as defined in section 2(hh), subject to exclusions under rules. Keep the component breakdown; neither measure should be guessed from the apartment’s advertised size.
34. Does the new Act automatically rewrite existing registered shares?
No automatic rewriting should be assumed. Section 10(5) distinguishes projects with earlier sale agreements but no executed sale deeds from projects in which an apartment sale deed was executed before commencement. Its proviso preserves the earlier-law basis for transfer deeds in the latter case.
Section 11(3) also gives recorded undivided interests a permanent character, with alteration requiring all owners’ consent expressed in a duly executed and registered amended declaration. Examine the project’s chronology and deeds first.
35. Who benefits from additional FAR or development potential?
Section 8 assigns additional built-up area or development potential arising from planning changes or other reasons collectively to owners, in proportion to statutory private area.
The promoter cannot retain it except to the extent of interests associated with unsold apartments, unless owners expressly transfer rights in accordance with the Act. Any proposal to use additional potential must also address planning permissions and the applicable statutory decision process.
36. Can owners submit a declaration if the promoter will not do so?
Section 13(2) provides a qualified route for projects completed before commencement where apartments have already been conveyed and the promoter fails or cannot submit the declaration for reasons beyond the owners’ control.
The association may submit with the Competent Authority’s permission, in the prescribed form and manner. It is not an unrestricted substitute for every promoter obligation. Gather title, approvals, unit details and correspondence explaining the circumstances.
37. Does management handover release the promoter from defect obligations?
No. Sections 10(8) and 21(13) expressly preserve the promoter’s RERA obligations, including rectification of structural or other defects during the liability period under that Act.
Record defects, outstanding works, warranties and responsibilities during handover. A handover checklist or receipt should not be presented as proof that all statutory liabilities have ended.
38. Which technical and financial records should we request?
Section 16 lists title and declaration records; sanctioned plans and approvals; as-built and structural drawings; safety/environmental certificates; insurance; encumbrance records; wiring and plumbing drawings; equipment, warranty and service records; AMCs and vendor details; building-system credentials; and paid statutory-dues receipts.
Request an audited project-wise and allottee-wise account of deposits and collections, with accrued interest. Acknowledge received records and furnish the acknowledgement to the Competent Authority as required, while clearly recording missing items.
39. Can the association change its bye-laws?
Section 34 requires at least two-thirds of owners present and voting at a general body meeting, with a quorum of at least one-third of total association members. The amendment must comply with the Act, rules and declaration and be submitted to the Competent Authority.
The provision includes approval/deemed-approval rules, a possible extension while consideration and hearing are underway, and the effective-date rule. No amendment may adversely affect an owner’s undivided rights. A committee vote alone does not complete the process.
40. Are Government model bye-laws and privately drafted templates the same?
No. Government model bye-laws follow the statutory publication process, including a draft open for comments for at least 30 days. Section 32(3) requires prior Competent Authority approval for departures from the model bye-laws.
A privately supplied draft or template is a working document for professional adaptation; it is not a Government notification. This review did not verify a notified set of KAOMA model bye-laws or procedural rules.
41. Do tenants have to follow association bye-laws?
Yes. Sections 32(4), 36 and 57 bind tenants, licensees and other occupants, as well as owners and successors, to the applicable Act, declaration and bye-laws. Section 18 also makes owners responsible for relevant acts or omissions of their occupants and agents.
This does not make a tenant an owner or confer ownership-based voting rights merely through occupation. Apply the relevant membership and representation provisions separately.
42. Can an owner alter the façade, remove a wall or enclose common space?
The Act restricts work affecting structure, safety, external appearance or common facilities. Section 18 addresses necessary approvals and prohibits interference with structural elements; façade changes require association approval. Section 19 provides a notice, hearing and rectification route for prohibited works.
Permission from a contractor or an informal committee message does not replace approvals required by law. Have qualified professionals assess structural consequences and check the sanctioned plan before starting.
43. Can the association enter an apartment for repairs?
Authorised representatives may enter at reasonable hours after due notice where needed to maintain, inspect, repair or replace common facilities or installations, or prevent damage. Emergency access may occur without prior notice under the Act.
This is a purpose-specific right, not unrestricted access for unrelated reasons. Document the reason, authorisation and work involved, and respect the limits stated in the provisions.
44. Must the association insure common property?
Section 29 requires insurance of property, including common areas and facilities, against fire, flood and other risks specified in the bye-laws or approved by the owners’ majority. It also addresses necessary public, occupier’s and employer’s liability cover.
Policies are held in the association’s name as trustee for owners, and premiums are common expenses. This does not remove an owner’s separate right to insure the individual apartment; review actual policy coverage and exclusions.
45. Can emergency repairs be done before a general body meeting?
Under section 30(8), the Executive Committee may immediately undertake urgent safety/protection repairs without waiting for general body approval. It must record the urgency reasons and place the work and expenditure before the next general body meeting for ratification.
Ordinary major repairs under section 30 follow a different resolution/quorum process. Owner-attributable damage affecting others has specific five-day minor-repair and 30-day major-repair periods under section 30(6). Do not combine these distinct situations.
46. What happens to the committee after redevelopment is approved?
Approval of the redevelopment scheme by the Second Appellate Authority dissolves the existing Executive Committee immediately. Owners then elect a replacement committee to handle redevelopment and regular committee functions.
For this election, section 48(5)(b) gives one vote per apartment owned. This special rule differs from ordinary one-member-one-vote association membership.
47. What safeguards apply before redevelopment starts?
The scheme must address owners’ entitlements, finance and completion. Encumbrance holders must consent and settle or transfer their security as required. Before demolition/construction, the developer must provide prescribed financial security, such as a bank guarantee or escrow arrangement.
Planning and other statutory approvals are separately necessary. Section 48(10) provides remedies for non-completion, including termination, invocation of security and replacement of the developer. The exact security form and other prescribed matters need the relevant rules.
48. What limitation periods apply to maintenance disputes and recording a charge?
Section 26(3) gives six months from the date the section 25 dispute arose for referring that dispute. Section 26(4) gives two years from when dues became payable and remain unpaid for an application to record a charge.
These are separate provisions with separate triggers. They are not interchangeable and are not the six-month transition period for existing associations. Preserve bills, notices, payment records and dates and seek prompt case-specific advice.
49. Do earlier rules and pending proceedings simply disappear?
Section 65 continues pre-commencement rules, bye-laws, orders and directions insofar as consistent with the new Act until replaced. Section 66 repeals the two specified 1972 statutes but saves prior actions, accrued rights and liabilities, penalties and pending proceedings as stated there.
Read repeal and transition with commencement. Do not assume Gazette publication erases an existing claim, invalidates every bye-law or automatically shifts every pending proceeding to a new forum.
50. Is Namma KAOMA the Government registration portal?
No. Namma KAOMA is a professional-services and information portal of JB Corporate Consultants. Its checker gives orientation, and submitting an enquiry is not a statutory filing or registration application.
Section 54 requires the Government to establish its own portal within two years of commencement. Use officially notified channels and instructions for statutory submissions; this website does not issue Government registration certificates.
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