Tamil Nadu Launches Rules for Apartment Ownership Act

03 Oct 2024 CW Team

According to the rules, apartment owners are required to form an association, create bylaws, and register the association, with at least four owners needed to establish it. Each association must have a board of managers, and if there are multiple towers on a property, the associations can form a federation, with the president and treasurer of each association serving as members of this federation.

A housing and urban development official stated that a resolution was essential for redevelopment. The board of managers, either on their own or upon a request from one-fourth of the apartment owners, must convene a special general meeting. Following the resolution passed, the association, with written consent from no less than two-thirds of the apartment owners, must inform the chief planner of the Chennai Metropolitan Development Authority or the local planning authority about their decision for redevelopment.

The official added that the association must notify all apartment owners in writing within ten days of the decision being submitted. If any apartment owner is dissatisfied with how consent for redevelopment was obtained, they have the right to file an objection with the relevant authority within 30 days.

If the authority is not satisfied with how consent was obtained, it will issue directions to the association. If proper procedures have been followed, the objection will be dismissed. However, if the authority certifies that the building is in a deteriorating state or poses a risk to the lives of its occupants or others, the association must convene a meeting and pass a resolution to hire a promoter or consultant to prepare a detailed redevelopment report for the association's approval.

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A framework for the redevelopment of 30-year-old buildings, which had been stalled due to resistance from a small group of residents, was introduced through new rules by the housing and urban development department on September 24. These rules strengthen the Tamil Nadu Apartment Ownership Act, which had come into effect on March 6. According to the rules, apartment owners are required to form an association, create bylaws, and register the association, with at least four owners needed to establish it. Each association must have a board of managers, and if there are multiple towers on a property, the associations can form a federation, with the president and treasurer of each association serving as members of this federation. A housing and urban development official stated that a resolution was essential for redevelopment. The board of managers, either on their own or upon a request from one-fourth of the apartment owners, must convene a special general meeting. Following the resolution passed, the association, with written consent from no less than two-thirds of the apartment owners, must inform the chief planner of the Chennai Metropolitan Development Authority or the local planning authority about their decision for redevelopment. The official added that the association must notify all apartment owners in writing within ten days of the decision being submitted. If any apartment owner is dissatisfied with how consent for redevelopment was obtained, they have the right to file an objection with the relevant authority within 30 days. If the authority is not satisfied with how consent was obtained, it will issue directions to the association. If proper procedures have been followed, the objection will be dismissed. However, if the authority certifies that the building is in a deteriorating state or poses a risk to the lives of its occupants or others, the association must convene a meeting and pass a resolution to hire a promoter or consultant to prepare a detailed redevelopment report for the association's approval.

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