Is the State betraying the Apartment Owners by proposing the repeal of the Apartment Ownership Law?
Is the State betraying the Apartment Owners by proposing the repeal of the Apartment Ownership Law? Introduction Kerala has an apartment ownership law, which is now 40 years old. It is one of the most neglected pieces of legislation. Thanks to the unorganized owner's community, ignorant of their rights, and the ability of the builder's associations to master the political will of the policymakers. The state government has now taken a stand before the Kerala High Court that they have decided to repeal the Kerala Apartment Ownership Act 1983 (local law for short) as it found the local law is repugnant to the Real Estate (Regulation and Development) Act 2016 (the central law for short). Most of the other states in the Country did not repeal similar local laws, due to the enactment of the central law. Therefore, this article will explore the rationale behind a move to repeal the local law. The Background of the Proposal The local law wa...