A bunch of 30 to 40 of them had registered the cooperative society underneath the Karnataka Cooperative Societies Act, claiming grievances in opposition to the builder.
| Photo Credit: File Photo
In a ruling that clarifies the authorized structure for residential condominium governance, the High Court of Karnataka has stated there isn’t a 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 stated.
The proper physique
The Court additionally reiterated that the affiliation of homeowners shaped underneath the KAOA is the appropriate physique to take care of and handle residential flats, and never a cooperative society registered underneath the Karnataka Cooperative Societies Act, 1959.
Justice M.G. Uma handed the order whereas permitting a petition filed by Sobha Limited, the developer of the 395-unit Sobha HRC Pristine condominium complicated in Jakkur.
The developer had challenged the registration of Sobha HRC Pristine Apartment Owners Cooperative Society in September 2023 as a parallel physique to Sobha HRC Pristine Owners’ Association, which was shaped in June 2023 with many of the 323 house owners, who had obtained sale deeds as members.
A bunch of 30 to 40 of them had registered the cooperative society underneath the Karnataka Cooperative Societies (KCS) Act, claiming grievances in opposition to the builder. The society had claimed that numerous provisions of RERA require registration of a society underneath the provisions of the KCS Act, whereas claiming that RERA, being a Central laws, prevails over KAOA.
Can function alongside
While rejecting society’s competition that the KCS Act may function alongside KAOA in a purely residential challenge, the Court stated that “the cooperative society is not a good vehicle to fulfil the objectives of maintaining, administering, managing the residential apartments or the common areas on behalf of the owners.” The Court additionally stated that the society couldn’t exhibit any repugnancy between the provisions of the RERA and the KAOA.
When KAOA, the particular enactment, is able to fulfilling the wants of the house owners of the residential flats, even when any minor shortcomings or drawbacks are to be famous, the identical can’t be grounds for the registration of a society underneath totally different enactments like KCS Act, which don’t co-relate with the targets with which the KAOA was enacted, the Court stated. It ordered the cancellation of the registration of the society.
If purchasers or house owners have grievances in opposition to the builder, they’re free to strategy RERA authorities or client courts individually, however can not kind parallel associations for upkeep, the Court clarified.
Published – March 07, 2026 11:14 pm IST
