Bengaluru Residents Hesitate to Form RWAs in BDA Apartments Over Legal Confusion

Bengaluru Residents Hesitate to Form RWAs in BDA Apartments Over Legal Confusion

Resident welfare associations serve as the eyes and ears of communities living in shared spaces. However, a growing reluctance to form or join these associations is evident in apartment complexes built by the Bangalore Development Authority. The reasons behind this hesitation are clear and concerning.

Survey Reveals Widespread Confusion Among First-Time Owners

A recent resident-driven survey conducted among fifty families across six BDA apartment complexes paints a stark picture. Nearly ninety-five percent of respondents are first-time flat owners with limited understanding of association governance. Thirty participants expressed anxiety over BDA's earlier notices urging association formation and maintenance transition. They cited a lack of clarity on timelines, project completion, pending approvals, and the extent of BDA's role during and after the handover process.

Following citizen resistance, BDA withdrew its notification. A representation based on the survey answers was handed over to BDA officials on Monday. BDA assured residents' representatives that it would look into the issues flagged in the survey.

Awareness Exists, But Clarity Remains Elusive

While apartment associations are not an unfamiliar concept, understanding of their formation remains patchy. Only fifteen percent of respondents said they were 'very familiar' with the concept. Fifty-five percent claimed they were 'somewhat familiar'. Another thirty percent were unclear about how these associations function.

Knowledge of the registration process proved even weaker. Just twenty-five percent clearly understood it. Forty-five percent admitted partial awareness. Thirty percent said they were completely unaware. On the other hand, apartments across the city register their associations under the Karnataka Apartment Ownership Act, 1972, or the Karnataka Ownership Flats Act and Rules.

Incomplete Infrastructure Emerges as Top Concern

Incomplete works emerged as the single biggest deterrent in the BDA survey. Sixty-five percent of respondents flagged still-in-progress boundary walls, undeveloped parks, missing garbage facilities, and construction debris across common areas. An equal sixty-five percent pointed to the lack of clarity on BDA's role after handover. Thirty percent raised maintenance cost as a key concern.

Several respondents highlighted the absence of a permanent water connection. This forces continued dependence on private tankers, adding to residents' daily hassles and expenses.

Parking and Common Areas Spark Major Disputes

Parking emerged as a key flashpoint among residents. They said misuse of common areas and demands for extra slots violate RERA norms and Supreme Court rulings. These issues also pose fire-and-emergency-access risks. As many as eighty-five percent want BDA to complete pending works before association formation. Eighty percent sought clear written guidelines on applicable law, parking norms, and a transparent maintenance handover.

The survey highlighted a division in perception. Some blamed delays for poor upkeep. Others warned that premature association formation would merely pass BDA's unfinished responsibilities to flat owners.

"Clear guidelines, phased transition and initial handholding by BDA will not only resolve current issues but also set a consistent framework for future BDA housing projects," the survey concluded.

BDA Provides Handover Assurance to Residents

A senior BDA official addressed the concerns directly. "Earlier, we encouraged residents to form associations, but many hesitated due to the proposed Apartments Act. Legally, they can register under existing laws, as thousands of Bengaluru societies have. Waiting indefinitely isn't ideal — most apartments were handed over nearly a decade ago, and BDA still funds their upkeep, which no private builder would. Once sold, maintenance becomes the owners' responsibility. Our goal is to complete pending works, secure fire-safety clearances and hand over projects properly within two to three months, after which we will exit management," the official said.

Key Findings from the Resident Survey

• No clear guidelines on association formation
• Fear of premature withdrawal of BDA responsibilities
• Uncertainty about whether all promised works are complete or if BDA officially closed their projects
• Many are first-time apartment owners with no RWA experience
• Hesitation about taking over maintenance, audits, statutory compliance and dispute management without guidance
• Lack of clarity on common assets, approved drawings or post-handover responsibilities
• Absence of clear BDA rules on common areas, parking and open spaces leading to disputes
• Uncertainty around occupancy certificates, fire NOCs, lift NOCs, DG set approvals, and land mutation

What Bengaluru Residents Want from BDA

1. Clear guidelines on applicable law, association formation, and parking
2. Association formation only after completion of pending works
3. Ensure RERA compliance in all matters relating to common areas and parking
4. Convene the first general body meeting for association formation
5. Oversight of the first election of office-bearers to ensure transparency
6. Sensitisation workshops for first-time owners on community living

The situation in Bengaluru's BDA apartments underscores a critical need for better communication and structured processes. Residents seek clarity and completion before taking on the responsibilities of self-governance through resident welfare associations.