TN govt notifies Apartment Ownership Rules to safeguard the interest of owners
As per the rules, notified on September 24, a person owning more than one apartment in a building will be considered as the owner of one apartment.
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CHENNAI: The state housing and urban development department has notified Tamil Nadu Apartment Ownership Rules, 2024 to safeguard the interest of apartment owners as well as to improve administration of common areas and facilities.
The Rules have been framed based on Tamil Nadu Apartment Ownership Act, 2022 that came into effect from March 6 this year.
The Rules will pave a way for owners of old and damaged apartment buildings to demolish and reconstruct.
As per the rules, notified on September 24, a person owning more than one apartment in a building will be considered as the owner of one apartment.
The promoters or the majority of the apartment owners should apply to the department to form and register associations and make by-laws on the lines of model by-laws specified under the Act.
There should be a minimum of four apartment owners to form an association.
Each of the registered associations should appoint a board of managers.
The board of managers should be one-third of the total apartment owners of the property but not exceeding 21.
The board of managers will act as the trustees of the association and responsible for overall management of the assets of the association, operation and management of all its common areas and facilities including the limited common areas and facilities.
In case of multiple towers in a property, concerned associations can form a federation where the president and treasures of each association will be the members of the federation.
Chairman of the federation will function as the chief executive officer of the federation and the chairman will have an office term of 1 year.
Resolution must for redevelopment of project:
In case of old buildings to be redeveloped, the board of managers should convene a special general meeting either suo-motu or on request from one-fourth of the apartment owners. But, two-third of the apartment owners should participate in the meeting.
Pursuant to the resolution passed in the special general meeting, the association with the consent of not less than two-third of apartment owners of the project should intimate Chennai Metropolitan Development Authority (CMDA) or concerned local planning authority or the Directorate of Town and Country planning.
At the same time, the rules allow any aggrieved apartment owners to submit objections before the concerned planning authority, the Rules say.
If the planning authorities certify that the building is in dangerous condition, the associations will be allowed to engage promoters or consultants to prepare a detailed redevelopment report.
After completion of the redevelopment plan, the association will serve notices to owners to vacate the building.
If any person refuses to vacate, the association can evict such person with police protection.
Once the redevelopment project is completed, the association will hand over the redeveloped apartments by issuing handover certificates.
The rules also mandate the planning authorities to create a web-based online system for submitting applications under the Rules.
Meanwhile, in separate government orders, the department has appointed respective district registrars of the registration department as the competent authorities to implement the Act and the Rules.
Jurisdictional Deputy Inspector Generals of Registration will act as appellate authorities.
In March 2022, the government released a draft Tamil Nadu Apartment Ownership Act 2022 to replace Tamil Nadu Apartment Ownership Act 1994.
