(1) The association or federation, as the case may be, shall appoint an auditor who shall be a practicing chartered accountant. The auditor so appointed, shall be entitled to call for and examine any documents belonging to the association or federation, relating to the project and shall specifi cally report to the association or federation, as the case may be, upon any matter connected with the account which appears to be incorrect or not in accordance with law to the association.
(2) The association or federation, as the case may be, shall submit the auditor’s report, authenticated copy of receipts and expenditure account, and the balance sheet and statement of the names, addresses and occupation of the members of the association of federation to the competent authority within six months after 31st March of every fi nancial year.
17. Form and manner of fi ling complaint.─ The association or an apartment owner may fi le a complaint to the competent authority against the board of managers of an association for their failure to perform their function under section 25 of the Act in Form-N.
18. Rate of interest.─ The rate of interest payable by the apartment owner to the Association for the delay in payment of charges under sub-section (1) of section 18 of the Act shall be the State Bank of India highest Marginal Cost of Lending Rate for the time being in force plus two per cent:
Provided that in case the State Bank of India Marginal Cost of Lending Rate is not in use, it would be replaced by such benchmark lending rates which the State Bank of India may fi x from time to time for lending to the general public.
19. Inspection of register and indexes and to give certifi ed copies of entries.─ (1) Subject to the payment of the fees as specifi ed in the Schedule, the copies of entries maintained by the concerned authorities shall be given to all persons applying for such copies.
(2) All copies given under this rule shall be signed and sealed by the authorities concerned and shall be admissible for the purpose of proving the contents of the original documents.
20. Establishment of web portal.─ The authorities concerned shall establish a web-based online system for submitting the forms under this Rules.
6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Sඋඐඍඌඝඔඍ (see rules 3, 4, 5, 6 and 19) PARTICULARS FEE (in Rs.)
Declaration under section 4 (1) For building containing four apartments but less than fi fty - Rs.5000/- apartments
(2) For building containing more than fi fty apartments but less - Rs.7500/- than hundred apartments
(3) For building containing more - Rs.10,000/- than hundred apartments Declaration of federation under Section 10 (1) For the federation containing two or more societies - Rs.20,000/- or associations but less than fi ve
(2) For the federation containing fi ve or more societies or - Rs.30,000/- associations but less than ten
(3) For the federation containing ten or more societies or - Rs.50,000/- associations Amendment of declaration under section 5 Rs.5,000/- Scrutiny fee for registration of bye-laws under rule 5 & 6.
Rs.500/- Copies of entries under rule 19. Rs.5/- per page KAKARLA USHA, Principal Secretary To Government.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7 ANNEXURE FORM-A [see rule 3(1) and (2)] DECLARATION I/we, (In case of majority of apartment owner(s) in the absence of Society) the majority of apartment owners as enlisted in Schedule ‘I’ Or (in case of society representing majority of apartment owners) [insert name], a Society registered under Tamil Nadu Co-operative Societies Act, 1983 or Tamil Nadu Societies Registration Act, 1975, having its registered offi ce at [insert address], represented herein by Mr./Ms.[insert name], [insert designation], authorized vide resolution dated [insert date] Or (In case of promoter) -If promoter is a company M/s.[insert name] (CIN no.[ ] ), a company incorporated under the provisions of the Companies Act, [1956 or 2013], having its registered offi ce at [insert address] (PAN [ ] ), represented by its authorized signatory [insert name] authorized VIDE board resolution dated [insert date ] -If promoter is a partnership fi rm [insert name], a partnership fi rm registered under the Indian Partnership Act,1932, having its principal place of business at [insert address ], (PAN [ ]), represented by its Partner [insert name] authorized VIDE [ ] -If promoter is an individual Mr. / Ms.[insert name ] , (Aadhar no.[ ] ) (PAN [ ] ) son /daughter of [insert name ], aged about [insert age ] , residing at [insert address].
…in pursuance of Section 4 of the Tamil Nadu Apartment Ownership Act, 2022, (Tamil Nadu Act 44 of 2022) we submit the following particulars of the project together with common areas and facilities:-
(1) Authenticated copies of the planning permit bearing no.[insert details] dated [insert date], building permit bearing no.[ insert details] dated [insert date] and copy of the approved building plan are appended herewith as Annexure ‘I’, collectively.
(2) A copy of relevant Completion Certifi cate issued by [insert details] dated [insert date] bearing no. [insert details] is appended herewith as Annexure ‘II’ (if applicable as per development regulations).
(3) I/we, do hereby furnish further the following particulars:
A. Description of the project:
Name of the project Number of towers Number of apartments Existing encumbrances, if any, aff ecting the project Other particulars, if any B. Description of each and every apartment in the project:
S.
No.
Apartment/ Unit No.
Tower Floor Carpet area UDS Percentage of un divided interest in the common areas and facilities Eligible percentage of vote Name of the apartment owner Nature of use (Residential/ commercial) 8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Note – For standalone projects, the aggregate of UDS distributed to the units shall correlate with the total site area excluding the lands gifted to the statutory authorities as part of development of the project.
C. Details of the common area and facilities to which the present declaration relates- S. No. Description of common areas and facilities provided in the Project
(1) (2) D. Description of limited common areas and facilities-
(i) Car Parking Allocation Sheet:
S. No. Nature of Car Parking (Open/ Covered/ Basement/ Stilt) Car Parking number Apartment to which its reserved (if applicable) or reserved for future allocation
(1) (2) (3) (4)
(ii) Description of limited common areas and facilities other than car parking spaces:
S.
No.
Description of Limited common areas and facilities (such as exclusive balcony, exclusive terrace area etc.)
Area (in sq.ft) Apartment to which its reserved for use
(1) (2) (3) (4) E. I/We, do hereby further declare, covenant and undertake as follows:
(i) That the right, title and interest of each apartment owner in the common areas and facilities and their proportionate share in the profi ts and common expenses in the said common areas and facilities as well as the proportionate representation for voting purposes in the meeting of the association of apartment owners shall be in the proportion as mentioned above.
(ii) That the administration of apartments in the project shall be in accordance with the provisions of this declaration and with the provisions of the bye-laws.
(iii) That the undivided interest in the common areas and facilities and/or limited common areas and facilities shall not be changed or separated from the apartment to which it appertains and shall be deemed conveyed or encumbered with the apartment even though such interest is not expressly mentioned or described in the conveyance or other instrument.
(iv) That each apartment owner shall comply with the provisions of this declaration and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief.
(v) That no apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities and/or limited common areas and facilities or by the abandonment of his apartment.
(vi) All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a charge on such apartment.
(vii) That all present or future apartment owners, tenants, future tenants or any other person that might use the common areas and facilities and limited common areas and facilities of the building in any manner are subject to the provisions of this declaration.
(viii) That where an apartment is sold by a mortgagee in exercise of his powers of sale under an English Mortgage or by a Court in execution of a decree in a suit brought by a mortgagee against the owner of such apartment, then, the mortgagee or the purchaser who derived title to the apartment at such sale or his successors or assigns shall be liable for dues section 22 of the Tamil Nadu Apartment Ownership Act, 2022.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9
(ix) That in a voluntary conveyance of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assessments by the association of apartment owners against the latter for his share of the common expenses upto the time of the transfer or conveyance without prejudice to the transferee’s right to recover from the owner the amounts paid by the grantee therefore.
In witness I/we have set or hands this ____ day of __________ 20________ and solemnly declare that what is stated in _________is true to my/ our knowledge and what is stated in _________ is to my/our information received from __________
(1) Mr./Ms ______ Signature of promoter / majority
(2) Mr./Ms. ________ Apartment owners of the property/Society
(3) Mr./Ms.
And so on Date:
Place 10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY ENDORSEMENT OF DECLARATION (to be fi lled by the concerned Competent Authority if declaration is in order) Declaration No. ................................ dated................................... offi ce of the..................................................
The Declaration submitted has been scrutinised and accepted.
Seal & Signature of the Competent Authority (one copy of the endorsed declaration to be returned to the Applicant) To Applicant .........................................................
.........................................................
.........................................................
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11 FORM–B (see rule 3 (4)) (APPLICATION FOR FORMATION OF FEDERATION)
1. We, the President and Treasurer of all constituent associations/societies [and the Promoter as the representative of future associations/ development] (for projects falling under proviso of sub-rule (4) of rule 3) in pursuance of section 10 of the Tamil Nadu Apartment Ownership Act, 2022 (Tamil Nadu Act 44 of 2022) hereby declare that we intend to form a Federation comprising the following constituent associations/societies to maintain the collective common areas and facilities:
S.
No.
Name of the constituent association or society / [promoter (in case of projects having future development)] Certifi cate of Registration of bye-laws as per sub-rule (2) of rule 5 Phase/ Tower no. / permissible area of future develop ment Corresponding percentage of undivided interest of the phase/ tower in the project Name of the President & Treasurer/ [promoter as representative of future associations]
(1) (2) (3) (4) (5) (6)
2. We hereby enclose that the copies of the independent declarations dated [ ] bearing no. [ ] registered with the competent authority.
3. We declare that the president & treasurer of each constituent association/society shall be the members of the federation representing their respective association/society.
We declare that the information given above, including those in the enclosures are true to the best of our knowledge.
In witness I/we have set or hands this ____ day of __________ 20________ and solemnly declare that what is stated in _________is true to my/ our knowledge and what is stated in _________ is to my/our information received from __________
(1) Mr./Ms ______ (name) _______ (President of [ ] Association/society)
(2) Mr./Ms. _____(name) _______ (President of [ ] Association/society) (Name and Signature of President and Treasurer of all constituent societies and association)
(3) ___________ (name of the Promoter) [representative of association of apartment owners to be formed] Date:
Place: Signature of applicant 12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-C [see rule 3(5)] CERTIFICATE OF REGISTRATION OF FEDERATION Federation Registration No. .............................. of 202[ ] Pursuant to submission of application in Form B dated [insert date], I hereby certify that [insert name of Federation] is registered as a FEDERATION under section 10 of the Tamil Nadu Apartment Ownership Act, 2022 (Tamil Nadu Act 44 of 2022) comprising the following constituent Associations or Societies:
(i)
(ii) (..)
Date of Registration [insert date] Signature of the Competent Authority Place:
Date:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13 FORM-D [see rule 3 (6)] (DECLARATION OF COLLECTIVE COMMON AREAS AND FACILITIES OF FEDERATION) [insert name] Federation bearing registration no. [insert number] in pursuance of section 10 of the Tamil Nadu Apartment Ownership Act, 2022, hereby declare the collective common areas and facilities intended to be administered and maintained by the federation.
1. We hereby enclose that the copies of the independent declarations dated [ ] bearing no.[ ] registered with the competent authority
2. We declare that the federation is duly registered with the competent authority and the certifi cate of registration dated [ ] is enclosed.
3. We do hereby furnish the following particulars:
A. Description:
(i) Name of the project (including name of each phase, if applicable):
(ii) Area and description of collective common areas and facilities to be administered by the federation:
(a)
(b)
(c) (..)
B. Percentage of interest in the collective common areas and facilities corresponding to each constituent association/ society (calculated in proportion of the total carpet area of individual association/society to the aggregate carpet area of all constituent association/society) C. In addition to covenants under the respective declarations, we do hereby declare and undertake the following:
(i) That the collective common areas and facilities of federation shall remain undivided and no constituent society or association or member of such society or association or any other person shall bring any action for partition or division of any part thereof.
(ii) That no constituent society or association shall do anything which would be prejudicial to the soundness and safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any structure.
(iii) That for the proper and eff ective administration of a property and for due maintenance, repair and replacement of the collective common areas and facilities of the federation, the constituent association or society shall strictly comply with the provisions of the said act and the bye-laws made thereunder and shall pay their proportionate share of common expenses as assessed by the federation, and that the failure to comply with any such requirement shall be a ground for action for damages or for other reliefs or relief at the instance of the federation.
(iv) reliefs or relief at the instance of the federation.
Truly, Chairman of [ ] Federation Date:
Place:
Enclosures :- 14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-E (see rule 4) APPLICATION FOR AMENDMENT OF DECLARATION I. In case of amendment to declaration under section 5(1) (i) and (ii)- Amendment for rectifi cation of bonafi de mistake/alteration/modifi cation To, The Competent Authority _____________________ _____________________
1. (For Majority of owners/promoter/association) That the property at [ ] was submitted to the provisions of the Tamil Nadu Apartment Ownership Act, 2022 vide declaration dated [ ] bearing endorsement no. [ ] in conformity with Section 4 of the said Act.
(Or) (For Federation) That [ ] federation was formed for the property at [ ] vide Declaration dated [ ] bearing no.[ ] in conformity with section 10 of the Tamil Nadu Apartment Ownership Act, 2022
2. That it is necessary in the following circumstances to amend the said declaration/declaration of federation, namely :
(a) ___
(b) ___
(c) ___
3. That in the circumstances stated in paragraph 2 hereof, the following amendment(s) may be allowed namely:
1. the entries “_____” appearing ____ in the declaration/declaration of federation to be amended be substituted by entries “__________”
(ii) _______-
4. (For majority of owners/promoter/association) That an amended declaration incorporating therein the amendments to be eff ected is submitted along with this application in form ‘A’ superscribed as ‘Amended Declaration’.
(Or) (For federation) That an amended declaration incorporating therein the amendments to be eff ected is submitted along with this application in form ‘B’ superscribed as ‘Amended Declaration’.
The applicants pray (s) that the amendment(s) aforesaid be accepted and that the fresh amended declaration submitted along with this application shall be substituted in place of the said declaration dated [ ] bearing endorsement no.[ ].
Signature of the applicant Date:
Place:
II. In case of amendment to declaration consequence of Redevelopment under section 5(1)(iii) r/w section 13 To, The Competent Authority of the Tamil Nadu Apartment Ownership Act, 2022
1. That the project together with common areas and facilities was submitted to the provisions of the Tamil Nadu Apartment Ownership Act, 2022 vide declaration dated [ ] bearing endorsement no. [ ].
2. That pursuant to the implementation of the re-development scheme dated [ ] registered as doc.no. [ ], it is necessary to substitute the following particulars of the said Declaration with the following table, namely:
A. Description of the project:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15 Name of the project Number of towers Number of apartments Existing encumbrances, if any, aff ecting the project Other particulars, if any B. Description of each and every apartment in the project S.
No.
Apartment/ Unit No. Tower Floor Carpet area UDS percentage of undivided interest in the common areas and facilities Eligible percentage of vote Name of the apartment owner Nature of use (Residential/ commercial)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) C. Details of the common area and facilities to which the present declaration relates- S. No. Description of common areas and facilities provided in the Project
(1) (2) D. Description of limited common areas and facilities-
(i) Car Parking Allocation Sheet:
S.No. Nature of Car Parking (Open/Covered/ Basement/Stilt) Car Parking number Apartment to which its reserved (if applicable) or reserved for future allocation
(1) (2) (3) (4)
(ii) Description of limited common areas and facilities other than car parking spaces:
S.
No.
Description of Limited common areas and facilities (such as exclusive balcony, exclusive terrace area etc.)
Area (in sq.ft) Apartment to which its reserved for use
(1) (2) (3) (4)
3. That an amended declaration incorporating therein the amendments to be eff ected is submitted along with this application in form ‘A’ superscribed as ‘Amended Declaration’ The applicants pray (s) that the amendment(s) aforesaid be accepted and that the fresh amended declaration submitted along with this application be substituted in place of the said declaration dated [ ] bearing endorsement no.[ ].
(Signature of applicant) Date:
Place:
16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-F (see rule 5 (2)) CERTIFICATE OF REGISTRATION OF BYE-LAWS Registration No. .............................. of 20[ ] I hereby certify that the bye-laws of [insert name of the Association] is registered in pursuance of sub-section (3) of section 6 read with rule 5 of the Tamil Nadu Apartment Ownership Act, 2022. A copy of the registered bye-laws of the Association is appended to this Certifi cate.
You are hereby directed to intimate the Competent Authority the names of the President and Board of Managers in Form ‘G’ within a period of ninety days from date of registration.
Date of Registration [insert date] Signature of the Competent Authority Place:
Date:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17 FORM-G [see rules 5(4) and 6(1)] INTIMATION OF FORMATION OF ASSOCIATION To, The Competent Authority ______________________ ______________________ Sir, We have already submitted the property situated at [ ] to the provisions of the Tamil Nadu Apartment Ownership Act, 2022 vide declaration dated [Insert date] bearing no [insert endorsement number].
(in case of absence of existing society on the date of commencement of Act) [In due compliance of sections 6 and 7 of the Tamil Nadu Apartment Ownership Act, 2022, the bye-laws for the formation of association of Apartment owners under the name and style of [insert name of the Association] has been registered by the Competent Authority vide Certifi cate of Registration of bye-laws dated [Insert date] bearing no. [insert registration number].
We hereby submit that in a general meeting held on [Insert date ] (date) presided over by [insert name of the apartment owner], the association of apartment owners under the name and style of [insert name] for the Schedule Property has been formed as per the registered bye-laws.In due compliance of rule 5 of the Tamil Nadu Apartment Ownership Rules, 2024 , we have duly elected the following members as President and Board of Managers of the Association in the said meeting:]
(in case of society in existence as on date of commencement of Act) [our Society has been registered under the name and style of [insert name of the society] under Tamil Nadu Co-operative Societies Act, 1983/Tamil Nadu Societies Registration Act, 1975 as on date of commencement of the Tamil Nadu Apartment Ownership Act, 2022.
The Certifi cate of Registration of [insert name of the society] Society dated [insert date] bearing no. [insert registration number] is appended as Annexure ‘I'.
We conform and submit that the bye-laws of [insert name of the society] Society dated [insert date] is amended to be/is in consonance with the provisions of the Tamil Nadu Apartment Ownership Act, 2022 and a copy of the authenticated bye-laws notarized by Notary Public is appended as Annexure ‘II’.
In compliance with section 7 of the Tamil Nadu Apartment Ownership Act, 2022, the details of the President and the Board of Managers of the Society are herein below:]
(1) [ ] (President)
(2) [ ] (Board of Managers)
(3) [ ] Truly, President of [ ] Association Date:
Place:
18 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-H [see rule 6 (2)] ACKNOWLEDGEMENT OF BYE-LAWS Acknowledgement under the TN Apartment ownership Act 2022 Acknowledgement No. .............................. of 20[ ] I hereby confi rm that the bye-laws of [insert name of the society] SOCIETY is in consonance with the Tamil Nadu Apartment Ownership Act, 2022 (Tamil Nadu Act 44 of 2022) A copy of the said bye-laws of the [ ] Society is appended herewith.
Date of Acknowledgement: [ ] Signature of the Competent Authority Place:
Date:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19 FORM-I (SEE RULE 9 (2)) INTIMATION TO COMPETENT AUTHORITY ON IN-PRINCIPLE DECISION ON RE-DEVELOPMENT To, The ...............................
(Authority specifi ed in sub-rule (2) of rule (9)) Ref. –
(1) Certifi cate of Registration dated [insert date] bearing no.[insert registration]
(2) Special general meeting conducted on [insert date]
(3) Two-third written consent obtained from the apartment owners for redevelopment
(4) Resolution dated [insert date] on in-principle decision on redevelopment Sir, In pursuance of the special general meeting cited in reference (2) above, we have obtained in-principle consent for redevelopment in writing from [insert detail] number of apartment owners out of [ ] total number of apartments, which is over and above the two-third consent mandated under section 13 (a) of the Tamil Nadu Apartment Ownership Act, 2022.
Pursuant to obtaining the required consent, it was resolved to appoint a consultant/promoter for studying the viability of redevelopment of the project.
The copies of the consent obtained from the apartment owners is enclosed as Annexure I.
The details of the apartment owners who have provided consent and who have not provided express consent is enumerated in Annexure II.
We declare that the information given above including those in the enclosures are true to the best of our knowledge.
Truly, President, [ ] Association ANNEXURE-II- Details of consented apartment owners and the apartment owners who have not provided express consent I.CONSENTED APARTMENT OWNERS Sl. no.
Name of the Apartment Owner Apartment no./Floor/ Block Address for communication
(1) (2) (3) (4) II. APARTMENT OWNERS NOT PROVIDED EXPRESS CONSENT Sl. no.
Name of the Apartment Owner Apartment no./Floor/ Block Address for communication
(1) (2) (3) (4) Encl:
(1) Annexure I- Written Consent obtained from apartment owners
(2) Annexure II- Details of Apartment Owners who have provided consent and apartment owners who have not provided express consent for appointment of Consultant
(3) Extract of Resolution authorising the Authorised Signatory to fi le Form F 20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-J [see rule 11 (2)] CONSENT LETTER FOR REDEVELOPMENT SCHEME (To be duly authenticated by Notary Public) Name/s:
Apartment no:
PAN Number :
Address for communication:
Email Id:
Phone no:
Copy of Identifi cation proof: (enclose- PAN/Aadhar/Voter/License):
I, [ ], s.o/d.o/w.o aged about [ ] years, member of [ ] Association and owner of Apartment bearing No. [ ], morefully described in the Schedule hereunder.
I have read and understood the terms and conditions stipulated in the draft Redevelopment Scheme and herewith give our express consent & acknowledge the authority of the [ ] Association to execute the Redevelopment Scheme with the promoter for the redevelopment of the schedule property under Section 13 and 23 of the Tamil Nadu Apartment Ownership Act, 2022 including submitting the redevelopment scheme for registration with the registering authority.
SCHEDULE PROPERTY [ ] Signature of the Apartment Owner Date :
Place :
FORM-K [see rule 12 (1)] SUBMISSION OF THE REDEVELOPMENT SCHEME TO THE COMPETENT AUTHORITY To The .................................
(Authority specifi ed in sub-rule (2) of rule (9)) Sir, We hereby submit the following details with necessary enclosures for implementation of the re-development scheme:
Sl.
no NATURE OF DOCUMENTS PARTICULARS DOCUMENTS ENCLOSED
(1) (2) (3) (4)
1. Date and endorsement number of declaration [ ]
2. Name of the association/society [ ]
3. Date & registration number of Certifi cate of Registration of association/society [ ]
4. Total number of apartments in the project
5. List of consented apartment owners for studying the viability of redevelopment scheme (minimum of two-third) [insert number of apartment owners consented] Annexure I
6. Name & details of the consultant appointed by association for redevelopment [ ] TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21 Sl.
no NATURE OF DOCUMENTS PARTICULARS DOCUMENTS ENCLOSED
(1) (2) (3) (4)
7. Date of approval of detailed redevelopment report as provided in sub-rule (1) of rule 11 [ ] Annexure II - approved detailed redevelopment report
8. True copy of the Letter of consent and authorisation from apartment owners for execution of redevelopment scheme by the association (minimum of two-third apartment owners) Annexure III (In prescribed format Form J)
9. List of apartment owners who have not provided express consent for execution of redevelopment scheme Annexure IV
10. Date of redevelopment scheme Annexure V - Signed Redevelopment scheme We declare that the information given above including those in the enclosures are true to the best of our knowledge.
Truly, President of [ ] Association Enclosure :- consent letters in Form-J.
22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY FORM-L (See rule 14) STATEMENT OF UDS OF LAND & ALLOTMENT OF APARTMENTS ASSOCIATION & PROMOTER DATE:
PLACE :
Encl- Re-development scheme dated [ ] between [ ] association and [ ] promoter TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23 FORM-M [see rule 15 (1)] HANDOVER CERTIFICATE Adj. No. Dated [ ] In pursuance to the implementation of the Redevelopment Scheme dated [insert date] registered as Doc. No. [insert registration no.]under section 13 of the Tamil Nadu Apartment Ownership Act, 2022, in lieu of the apartment more fully detailed in Schedule ‘A’ originally owned by Sri / Smt. [insert name] S/o / D/o W/o [insert name ] (‘Apartment Owner’) acquired vide Document no.[ ], the apartment more fully detailed in Schedule ‘B’ (‘Schedule Property’) is handed over to the Apartment Owner.
Physical possession of the Schedule Property is duly handed over to the Apartment Owner and the Apartment Owner hereby confi rms having received such peaceful and vacant possession herein this day.
SCHEDULE-A (description of apartment provided for redevelopment) Apartment bearing no. [ ] having a carpet area of [ ] sq.ft. in the [ ] fl oor, [ ] tower/block (if applicable) along with exclusive usage rights in reserved car parking no. [ ] (if applicable) in the property namely [ ] (if applicable) together with [ ] undivided share in [ ] sq. ft. comprised in survey numbers [ ] situated at Village [ ] Taluk [ ] District [ ]; the land being bounded on the:
North by South by East by West by
SCHEDULE-B (description of reallotted apartment) Apartment bearing no. [ ] having a carpet area of [ ] sq.ft. in the [ ] fl oor, [ ] tower/block along with exclusive usage rights in reserved car parking No.[ ] in the property namely [ ]; together with [ ] undivided share in [ ] sq. ft. comprised in survey numbers [ ] situated at Village [ ] Taluk [ ] District [ ]; the land being bounded on the:
North by South by East by West by Place:
[ ] Promoter FORM-N (See rule 17) COMPLAINT BEFORE THE COMPETENT AUTHORITY Complaint No.[ ] of 20[ ] A. Name of the Complainant B. Name of the Respondent DETAILS OF APPLICATION
1. Particulars of Complainant
(a) Name of the Complainant
(b) Address of service of all notices 24 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
2. Particulars of Respondent
(a) Name of the Respondent
(b) Address of service of all notices
3. Material facts:
4. Grounds of Complaint:
5. Interim relief, if any, prayed for:
6. Final relief prayed for:
7. Documents relied upon
(a)
(b) VERIFICATION I [insert name ] s.o/d.o/w.o, [insert name], aged [insert age ] years, residing at [insert address]do hereby verify that the contents of paras [ ] to [ ] are true to my personal knowledge and paras [ ] to [ ] believed to be true on legal advice received and I hereby declare that I have not suppressed any material facts.
Signature of complainant Date :
Place :
KAKARLA USHA, Principal Secretary To Government.
// FORWARDED BY ORDER // SECTION OFFICER.
APPENDIX.
(see rule 5) MODEL BYE-LAWS
CHAPTER I PRELIMINARY
1. Name of the Association of Apartment Owners
2. Registered offi ce of Association
3. Defi nitions
4. Aims and objects of the Association
CHAPTER II MEMBERS, VOTING & RESOLUTION
5. Members of Association
6. Voting
7. Resolution TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25
CHAPTER III ADMINISTRATION
8. General Body Meeting of Association
9. Special General Meeting of Association
10. Annual General Meeting of Association
11. Board of Managers
12. Powers & Duties of Board
13. Meetings of Board of Managers & business to be transacted
14. Appointment of Staff
CHAPTER IV ASSESSMENT OF COMMON EXPENSES BY ASSOCIATION & REALISATION
15. Assessment of share of common expenses
16. Manner of payment of common expenses
17. Preparation & publication of list of defaulters
18. Steps to be taken for realisation
CHAPTER V DUTIES & OBLIGATIONS OF APARTMENT OWNERS
19. Duties of apartment owners
20. Transfer of apartment to be notifi ed to Board
21. Use of common areas and facilities
22. Restrictions on certain acts
CHAPTER VI FUNDS & INVESTMENTS
23. Deployment of Funds
24. Maintenance of Accounts
25. Publication of audited annual fi nancial statements
CHAPTER VII FEDERATION
26. Formation
27. Members of Federation
28. Chairman of Federation
29. Collective common areas & facilities
CHAPTER VIII MISCELLAENOUS
30. Compliance of bye-laws
31. Seal of Association
32. Amendment of bye-laws 26 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY MODEL BYE-LAWS BYE LAWS OF ………………………………………………………………
CHAPTER I PRELIMINARY
1. Name of the Association of Apartment Owners.─ The name of the Association shall be [ ]
2. Registered offi ce.─ The Registered offi ce of the Association shall be at [ ]
3. Defi nitions.─ (1) In these bye-laws, unless the context otherwise requires:
(i) “Act” means the Tamil Nadu Apartment Ownership Act, 2022 (Tamil Nadu Act 44 of 2022).
(ii) “Board” means Board of Managers of an Association;
(iii) “Board of Managers” shall consist of President, Vice President, Secretary, Treasurer, and the members of the Board appointed under sub-clause (1) of clause (11) of this Bye-Law;
(iv) “Extra Ordinary Resolution” means a resolution passed with the consent of not less than two-third of total members of association;
(v) “Financial Year” means the year commencing on the fi rst day of April;
(vi) “Member” means a member of an Association;
(vii) “Ordinary Resolution” means a resolution passed with consent of not less than fi fty one percent of the members present and voting;
(viii) “Reserved Matters” means the list of matters enumerated in Annexure A herewith, the decisions in respect of these matters can be taken only in Special General Meeting held in accordance with bye-laws;
(ix) “Special Resolution means a resolution passed with consent of not less than two-thirds of the members present and voting;
(x) “Rules” means the Tamil Nadu Apartment Ownership Rules, 2024;
(xi) “Section” means a section of the Act.
(2) Words and expressions used herein and not defi ned in these bye- laws but defi ned in the Act or the Rules, shall have the same meaning as have been respectively assigned to them in the Act or the Rules.
4. Aims and objects of the Association.─ The aims and objects of the Association are to-
(1) protect the legitimate rights, privileges and interest of all its members, without prejudice or favour to none;
(2) impose and collect the proportionate share of the common expenses from the members;
(3) impose such restrictions in the use and maintenance of the apartments and common areas and facilities including limited common areas and facilities;
(4) maintain the fi nancial records and book of Accounts;
(5) facilitate redevelopment of the project in due compliance of the provision of the Act and Rules;
(6) enter into agreements / contracts / understanding with third parties in the interest of the association;
(7) raise additional funds, if necessary, with the consent of the members, to fi nance the objects described above; and
(8) provide for and do any other act for the administration of the property in accordance with Act and Rules.
CHAPTER II MEMBER OF ASSOCIATION, VOTING&RESOLUTION
5. Members of the Association.─ (1) Every person who owns an apartment in the project/property shall be a member of the Association and all members shall strictly adhere to these bye-laws.
(2) Where an apartment is owned by two or more persons, the person whose name stands fi rst in the transfer deed of such apartment shall become member of the Association, unless such joint owners nominate one amongst them to be a member of association in respect of such apartment.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 27
(3) Upon any Member transferring his apartment in the project, the transferee shall become a Member of the Association upon the transfer of such apartment. The owner/transferor shall notify the Association before transferring his apartment under clause (21) of this Bye-laws.
(4) It is the duty of every apartment owner to bring these bye-laws to the notice of his/her tenant. In any event, all residents will be deemed to have knowledge of these bye-laws and shall be bound by the same.
6. Voting.─ (1) Each member shall be entitled to such percentage of vote as assigned in the Declaration registered with the Competent Authority under Section 4 of the Act.
(2) Votes may be cast in person or through duly authorised proxy. The authority to a proxy must be in writing.
The proxy need not be a member, but no person shall act as proxy for more than one member. The role of proxy is only restricted to the extent of casting of votes as authorised by the Member. The proxy cannot participate in the deliberations of the meeting.
7. Resolution.- (1) Matters to be decided by Ordinary Resolution-
(i) Overall upkeep and maintenance of the Project without making any additional impact on fi nance.
(ii) All day to day functioning regarding the maintenance of the Project.
(2) Matters to be decided by Special Resolution-
(i) Expulsion/removal of any member
(ii) Matters pertaining to maintenance which may impact the Budget and/or Finance.
(3) Matters to be decided by Extra Ordinary Resolution-
(i) Amendment of bye-laws
(ii) Amendment of Declaration/Federation
(iii) Redevelopment of the project/property
CHAPTER III ADMINISTRATION
8. General Body Meetings of Association.─ (1) The General Body Meeting of the Association shall be convened as often as considered necessary by the President or on a petition signed by one fourth of the members of the Association.
(2) Notice of every General Body Meeting shall be given to all Members at least seven days prior to the date of such Meeting. The notice shall contain the day, hour, place and object of the meeting. Notice may be sent by email or any other electronic mode:
Provided that if the General Body Meeting of the Association cannot be held physically, the meeting may be conducted online and the proceedings shall be recorded.
(3) The General Body Meeting shall be presided over by the President, or in his absence the Vice-President.
(4) The quorum of the General Body Meeting shall be one third of the total members of the association, subject to a minimum of three.
(5) The notice shall also be displayed on the notice boards of the Project. No notice shall be required to be sent in respect of any adjourned meeting.
(6) Any member unable to be present in-person for a meeting, may choose to participate in the said meeting through video conferencing and this shall be considered as attendance by the Member for the purpose of casting vote during the meeting
9. Annual General Meeting of Association.─ (1) The fi rst Annual General Meeting of the Association shall be held within a period of sixty days from the date of registration of bye-laws. The fi rst meeting shall be presided over by the member elected from among the members present, prior to the commencement of such meeting. At such meeting, the Board of Managers consisting of the President, Vice President, Secretary, Treasurer, and one member representing each Block/Tower, subject to a maximum of twenty one members in due compliance of sub-rule (2) of rule 7, shall be elected by secret ballot by the members and the elected President shall intimate the names of the Board of Managers to the Competent Authority along with a copy of the resolution and attendance sheet as stipulated under sub-rule (4) of rule 5 of the Tamil Nadu Apartment Ownership Rules, 2024 within a period of thirty days following the election. Thereafter, the Annual General Body Meeting of the Association shall be held every year within a period of three months of the closure of the fi nancial year.
28 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) A notice of an Annual General Meeting stating the place, date and hour of the meeting together with a list of businesses to be transacted there at, shall be sent by the President to every member at least twenty one days before the date of the meeting. Notice may be sent by email or any other electronic mode
Provided that if the Annual General Meeting of the Association cannot be held physically the meeting may be conducted online and the proceedings shall be recorded.
(3) The business of the Annual General Meeting of an Association shall be─
(a) to consider the annual report of the Board;
(b) to consider the audit report and the audited annual fi nancial statement of accounts;
(c) to consider and approve the annual budget for the next fi nancial year, including-
(i) determination and assessment of monthly contribution to be made in the next fi nancial year by each apartment owner toward common expenses; and
(ii) retention or letting out of the common areas and facilities for shopping, commercial or other purposes;
(d) to transact any other business that may be laid before the meeting by the Board or be considered by the Annual General Meeting to be necessary for the administration of the property.
(4) The Annual General Meeting shall be presided over by the President, or in his absence, the Vice-President.
(5) The quorum of the Annual General Meeting shall be one third of the total members of the association, subject to a minimum of three.
(6) Every decision shall be taken in the form of resolution and the decision of the Annual General Meeting shall be binding on the Board and all the members of the Association.
(7) At any Annual General Meeting, a resolution put to vote at the meeting shall be decided by show of hands.
Where there is equality of votes and the resolution cannot be carried, the President, (in his absence, the Vice-President) shall have an additional/second casting vote.
(8) Any member unable to be present in-person for a meeting, may choose to participate in the said meeting through video conferencing and this shall be considered as attendance by the Member for the purpose of casting vote during the meeting
10. Special General Meeting of Association.─ (1) The President shall convene Special General Meeting as and when the Board (or) one fourth of the members request to convene such Special General Meeting for decision on any matter listed in the Reserved Matters List in Annexure or for any other business of general importance in the interest of the Association and within the scope of the Act, Rules and these bye-laws.
(2) A notice of a Special General Meeting stating the place, date and hour of the meeting together with a list of businesses to be transacted thereat, shall be sent by the President to every member at least seven days before the date of the meeting and no business other than those mentioned in the said list shall be transacted at such meeting. The Notice may be sent by email or any other electronic mode:
Provided that if the Special General Meeting of the Association cannot be held physically, the meeting may be conducted online and the proceedings shall be recorded:
(3) The Special General Meeting shall be presided over by the President or, in his absence, the Vice-President shall chair the meetings.
(4) Every decision shall be taken in the form of resolution and the decision of the Special General Meeting shall be binding on the Board and all the members of the Association
(5) At any Special General Meeting, a resolution put to vote at the meeting shall be decided by show of hands.
Where there is equality of votes and the resolution cannot be carried, the President shall have an additional second/casting vote.
(6) the quorum of the Special General Meeting shall be two third of the total members of the association, subject to a minimum of three.
(7) If on the day of the meeting, a valid quorum is not present within thirty minutes of the scheduled time of the said meeting, the meeting may be reconvened later on the same day or the next day, at the scheduled time and place.
Save as Reserved Matters, fulfi lment of quorum is not required for such meeting but the agenda for the meeting cannot be changed. It is mandatory that the proceedings/actions of such meeting are confi rmed in forthcoming general body meeting.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 29
(8) Every Association shall cause minutes of proceeding of Special General Meeting to be recorded in a book kept for the purpose. The minutes are to be drawn up by the Secretary of the Association and shall be duly signed by the President or the person presiding over the meeting immediately on the termination/conclusion of the meeting or as early thereafter as possible.
(9) The Association shall observe such other procedure in a Special General Meeting as may be determined by its members consistent with these bye-laws.
11. Board of Managers.─ (1) The Board of Managers shall be a minimum of one-third of the total number of apartment owners of the property but not exceeding twenty one.
(2) The aff airs of the Association shall be administered and governed by Board of Managers consisting of the President, Vice President, Secretary, Treasurer, and One Member representative per Block/Tower who shall be elected by the members in the Annual General Meeting.
(3) The term of offi ce of the Board of Mangers shall be for a period of [ ] years. The new Board of Managers shall be elected at the Annual General Meeting before expiry of term of existing Board of Managers. The retiring Managers of Board are eligible for re-election.
(4) Subject to a minimum of three, the quorum for the meetings of the Board shall be one third of the total managers of the Board.
(5) Any apartment owner, who fails to pay in any fi nancial year any instalment of his contribution towards the common expenses which may have been assessed by the concerned Association shall not be entitled–
(i) to vote at any election of the Managers of the Board concerned, and
(ii) to seek election for the offi ce of the Managers of the Board concerned, till all his arrears are cleared.
(6) Any elected member can be removed at any Annual General meeting or any General Body Meeting of the Association by a Special Resolution and thereupon a successor, may, then and there be elected to fi ll the vacancy thus created by Special Resolution. Any manager whose removal has been proposed must be given an opportunity to make his representation before passing the resolution. The manager so removed shall not be eligible to stand for election for the next three years.
(7) Any vacancies in the Board caused by any reason shall be fi lled by vote of remaining Board of Managers, even though they may constitute less than a quorum. The Manager so elected shall remain in offi ce until a successor is elected at the next Annual General Meeting of the association.
(8) Any elected member of the Board may at any time resign from his offi ce by sending a letter of resignation to the Board but such a resignation shall take eff ect only from the date on which it is accepted by the Board.
(9) If an elected member of the Board absents himself for four consecutive meetings of the Board, without prior intimation and proper reasons, he shall cease to be a member of the Board. He may, however, be reinstated by the Board on a written request providing suffi cient reasons for his absence.
(10) The proceedings of the Board shall not be vitiated on account of any vacancy or vacancies in the Board.
(11) The services of the members of the Board shall be honorary and pro bono.
12. Powers and Duties of the Board of Managers.─ (1) Subject to the fi nal authority of the Association in General Body Meeting, it shall be the duty of a Board to do all such acts as may be necessary and expedient for carrying out the purposes of the Act and these bye-laws, and, in particular, it shall be directly responsible for–
(i) the care, up keep, maintenance, repairs and replacement of the common areas and facilities including the limited common areas and facilities of the property concerned;
(ii) the collection of money, including arrears, due from each apartment owner on account of monthly assessment made by the Association concerned for payment towards common expenses;
(iii) the collection of monthly rents out of the common areas and facilities let out for shopping, commercial or other purposes;
(iv) the proper maintenance of the funds and accounts of the Association concerned, and, if necessary, for the building up of a reserve fund out of the common profi ts left over after meeting the common expenses; and
(v) securing and furthering the interests of the Association concerned in every possible way.
(2) A Board, subject to any direction of the Association in General Body Meeting, shall–
(i) receive and disburse money, sanction working expenses, ensure regular and day-do-day maintenance of the cash book under the supervision of the Treasurer and make arrangements for daily verifi cation of the cash balance;
30 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(ii) enter the accounts of the Association concerned in proper book timely and regularly, and make provisions for inspection thereof from time to time;
(iii) maintain the accounts of the money received and expended for and on behalf of the Association concerned and the accounts of the assets and the liabilities thereof;
(iv) prepare and place before the Annual General Meeting of the Association an annual budget estimate;
(v) prepare all statements, accounts and returns and comply with all other requisitions, as may be made by the auditor for the purpose of auditing the accounts of the Association;
(vi) remove and rectify all defects and irregularities pointed out at the audit;
(vii) convene a Special General Meeting of the Association as and when required;
(viii) convene Annual General Meeting of the Association in due time;
(ix) realize and enforce realization of all dues of the Association and meet all its liabilities;
(x) let out common areas and facilities for earning common profi ts, settle terms and conditions for such letting out, and revoke and alter such terms and conditions from time to time, as may be necessary;
(xi) enter into all such agreements and make all such arrangements as may be necessary for the proper and eff ective maintenance, repair and replacement of the common areas and facilities and make payments therefor;
(xii) institute, defend, or compound any legal proceedings for and against the Association or the property and for any off ence of contravention or breach of any provision of the Act or these bye-laws;
(xiii) improve the condition of general welfare of the apartment owners, within the scope of the Act and the Bye-laws;
(xiv) maintain an up-to-date Register of members;
(xv) take steps to conduct election of Managers in time;
(xvi) constitute diff erent committees including Grievance Redressal Committee; and
(xvii) perform any other duty or discharge any other function under the Act and these bye-laws as the Association in General Body Meeting may direct.
13. Meetings of Board.─ (a) Regular Board meetings:
Regular Meetings of the Board may be held at least once in a month on such date at such time and place as may be decided by the President. Notice of regular meetings of the Board shall be given to each member of the Board by email or any other electronic mode at least [ ] days prior to the day fi xed for such meetings. The Secretary shall maintain the minutes of meetings. The quorum of the meeting shall be one third of the total number of managers of Board. If on the day of the meeting, a valid quorum is not present within a period of thirty minutes of the scheduled time of the said meeting, the meeting may be reconvened later on the same day or the next day, at the scheduled time and place. Fulfi lment of quorum is not required for such meeting. It is mandatory that the proceedings/actions of such meeting are confi rmed in forthcoming regular meeting of the Board. The minutes shall be signed by the President and Secretary and other managers present in the meeting.
(b) Emergency Board meetings:
Emergency meetings of the Board may be convened by the President or the Secretary without notice by giving satisfactory reason for convening the meeting. All decisions of the Emergency board meeting shall be ratifi ed in a next regular meeting of the Board, failing which the decision taken at Emergency meeting shall stand void ab initio.
(c) The elected Managers of the Board alone shall attend the meetings of the Board. The Managers however where they deem it essential and useful, shall invite any member or other person to any of the meetings for advice or taking the benefi t of his experience or expertise. Such invitee shall not have any voting right.
(d) Normally all the questions before the Board shall be decided by a simple majority vote of the managers present i.e., the votes in favour of a resolution by majority in number of the managers present and voting at the meeting.
Where there is equality of votes and the resolution cannot be carried, the President shall have an additional casting vote to break the tie.
14. Appointment of Staff . - (a) The Board may appoint facility management service provider or staff to assist it in effi cient discharge of its business under the Act and these bye-laws.
(b) A Board shall, subject to the approval of the Association determine the terms and conditions of service of facility management service provider referred to in clause (a).
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 31
CHAPTER IV ASSESSMENT OF COMMON EXPENSES BY ASSOCIATION & REALISATION
15. Assessment & Payment of the share of common expenses.– (1) Every apartment owner of the property shall be assessed with such sum, being his share of the common expenses, as per section 18 of the Act.
(2) The assessed sum on account of common expenses shall be payable by each apartment owner in equal monthly or quarterly instalments, as determined by the Association concerned.
16. Manner of payment of common expenses.– Every member shall pay to the Treasurer the sum payable by him on account of the assessment made upon him by the Association concerned within such period and in such manner as the Association may direct and the Treasurer shall, on receiving such payment, issue receipt in respect thereof or a member shall pay through electronic mode into the bank account of the Association in accordance with any electronic system approved by the Association.