To,
The Competent Authority / Committee for Draft Bill Scrutiny,
Government of Karnataka.
Subject: Objection to Section 2(u) and Section 26(2)(a) of the Draft Karnataka Apartment (Ownership and Management) Bill, 2025 regarding mandatory area-based maintenance charges.
Dear Sir/Madam,
I am writing to formally submit my objections and suggestions regarding the draft Karnataka Apartment (Ownership and Management) Bill, 2025. While the bill is a welcome move for urban governance, the baseline formula mandated for calculating maintenance charges is legally flawed and unconstitutional.

1. Specific Clauses Opposed
Section 2(u): Definition of "Maintenance charges" based strictly on super built-up area.
Section 26(2)(a): Mandating the basis for levy of maintenance charges proportionate to the ratio of Super Built-Up Areas.

2. Grounds for Objection
Defies Judicial Precedent: This clause directly contradicts the landmark judgment of the Bengaluru City Civil Court (Arun Kumar Rao vs. Purva Seasons Owners Association), which struck down the per-square-foot model for daily operational services. The court ruled that forcing larger flats to pay more for identical services is discriminatory.
Violation of the Equality Principle: Forcing an owner of a larger flat to pay a higher fee for identical consumption of common operational services (such as security, lift electricity, waste management, and housekeeping) violates the principle of "Equal Pay for Equal Services." It creates an arbitrary cross-subsidization model within housing societies.
Failure to Distinguish Assets vs. Services: The bill fails to separate Asset Capital Expenses (sinking funds, structural repairs, facade painting) from Operational Service Expenses (daily amenities, security guards, cleaning).

3. Proposed Amendment / Suggestion
We strongly urge the government to modify these sections to mandate a Hybrid Maintenance Model:
Operational Expenses: Daily services (security, housekeeping, common lighting, lift maintenance, garbage collection) must be divided equally per apartment unit, irrespective of size.
Capital/Structural Expenses: Long-term assets (sinking funds, structural modifications, structural building insurance) may be apportioned proportionately based on the super built-up area.

Passing the bill in its current form will trigger widespread litigation and disharmony within housing societies across Karnataka. We request you to incorporate this hybrid amendment in the final draft.

Thank you.
Sincerely,