Tamil Nadu Apartment Ownership Act: A Comprehensive Guide
The Tamil Nadu Apartment Ownership Act, 2022 replaces the Apartment Act 1994. This Act aims to modernise the management of apartment complexes and clarify the roles of apartment owners. It ensures the protection of apartment owners’ interests. This set of rules can be helpful in dispute resolution and maintenance of common areas. Also Make your apartment living peaceful and safe with NoBrokerHood Best Apartment Management Software 2025.
Key Objectives of Tamil Nadu Apartment Ownership Act
- The Tamil Nadu Apartment Ownership Act, 2022 aims to protect the rights and interests of apartment owners.
- It deals with various apartment maintenance rules in Chennai.
- The Act seeks to enhance the administration of common areas and facilities present within apartment complexes.
- The regulations simplify the formation and functioning of apartment owner associations.
- It promotes accountability and transparency within the decision-making processes of AOAs.
- This Act provides options to resolve disputes between apartment owners and associations.
- This Apartment Ownership Act has provisions for the redevelopment of ageing and dilapidating apartment buildings.
- This amendment of the old law ensures that the law is in line with apartment owners’ modern requirements.
Key Features of Tamil Nadu Apartment Ownership Act
- The Tamil Nadu Apartment Ownership Act, 2022 focuses on buildings having four or more apartments.
- This Act clearly defines terms like ‘carpet area’ aligning with RERA 2016. It ensures transparency in ownership share calculation.
- This set of rules modernises apartment rules and regulations in Chennai.
- The Act makes it mandatory for AOAs to register themselves. It offers accountability and a legal framework for their functioning.
- This Act gives a guideline for the formation and functioning of AOAs. It helps residents to run this administrative body effectively.
- The Apartment Ownership Act addresses the issue of ageing buildings and promotes urban renewal.
Benefits of Tamil Nadu Apartment Ownership Act
- Clearly defines terms like ‘carpet area’ and mandates registration of AOAs promoting transparency.
- The Tamil Nadu Apartment Ownership Act, 2022 protects the rights of individual apartment owners.
- The Act eases the formation and running of apartment owner associations. This ensures fair treatment of owners.
- These regulations provide a structured mechanism to resolve disputes among various stakeholders.
- It modernises the apartment association rules in Chennai keeping in mind the needs of apartment owners.
- Redevelopment of old buildings ensures that their residents get access to modern amenities.
- This Act provides a legal base to AOAs making their functioning easy and transparent.
Apartments are Heritable and Transferable
- The Tamil Nadu Apartment Ownership Act, 2022 states that every apartment must have an exclusive owner.
- An apartment along with common areas and facilities constitute an immovable property.
Declaration
According to the Tamil Nadu Apartment Ownership Act, 2022, promoters or a majority of apartment owners must submit a declaration. A competent authority can hold an enquiry after receiving a declaration. It will endorse the declaration after a proper investigation.
Common Areas and Facilities
The Tamil Nadu Apartment Ownership Act, 2022 clarifies that-
- Apartment owners can use them without harming the interests of others.
- Maintenance and repair of common areas shall take place according to bye-laws.
Compliance With Bye-Laws
- The Tamil Nadu Apartment Ownership Act, 2022 says that all apartment owners must comply with the bye-laws.
- The AOA can take action against owners who do not comply with the bye-laws.
Formation of Federation
- A property consisting of 2 or more societies or having more than 1 project can together form a federation.
- The formation of a federation is important for better management and maintenance of common facilities.
Role of The Competent Authority
- The Competent Authority can take action if the board or association fails to fulfil its responsibilities.
- The Tamil Nadu Apartment Ownership Act, 2022 states that the Competent Authority can issue show cause notices. A manager or board of managers who is not working in the interest of the association can receive such notice.
Authority to Make Rules
- The state government can make rules related to the Tamil Nadu Apartment Ownership Act, 2022.
- The government must publish the changes in the Tamil Nadu Government Gazette.
Comparison With The Tamil Nadu Apartment Ownership Act, 1994
| Apartment Ownership Act, 1994 | Apartment Ownership Act, 2022 |
| Applied to buildings having five or more apartments. | Applied to properties consisting of four or more apartments |
| Allowed the formation of associations under various Acts such as the Co-operative Societies Act. | The only set of rules that must be followed for association formation. |
| Did not provide a proper grievance redressal mechanism for dispute resolution. | Offers a mechanism suitable to solve any kind of issue among the stakeholders. |
| Only focussed on ownership rights. | Deals with ownership as well but also covers areas like redevelopment and maintenance. |
Conclusion
The Tamil Nadu Apartment Ownership Act, 2022 is an amendment to the Apartment Ownership Act, 1994. It deals with the ownership, management and maintenance of apartment buildings. This set of rules also covers the redevelopment of ageing or old buildings. It is applicable for properties having four or more apartments.
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Frequently Asked Questions
1. What are some apartment rules and regulations in Tamil Nadu?
- All apartments must have an exclusive owner
- Every apartment is a transferable and heritable property.
2. What is the Tamil Nadu Apartment Ownership Act, 2022?
The Tamil Nadu Apartment Ownership Act, 2022 is a legal framework that deals with the ownership, maintenance and management of apartments.
3. Is it mandatory to register an AOA in Tamil Nadu?
The Tamil Nadu Apartment Ownership Act, 2022 mandates the registration of AOAs.