If the arrears are not paid by a member or members within the period referred to in clause 17 of these bye-laws, the Board will consider in its next meeting the case of the defaulters individually and will take such steps for realisation, as may be considered necessary, including the prosecution of the defaulting member for non-compliance with, and breach of, the provisions of Act and these bye-laws and withdrawal of services provided by association on day to day basis.
CHAPTER V DUTIES & OBLIGATIONS OF THE APARTMENT OWNERS
19. Duties and liabilities of the Apartment Owners.─ (1) Every member shall, on being directed by the Board, immediately undertake and complete all maintenance and repair work within his own apartment, which, if delayed, is likely to aff ect the property concerned, wholly or in part, and he shall be solely responsible for the damage that his failure to undertake such work may cause to part of the said property thereof and shall also be liable on the said account for payment of damages as may be determined by the Board.
(2) The owner of an apartment shall undertake all the repairs in respect of the doors, windows, internal installations (including sanitary installations) in connection with, or in relation to water, light, gas, power, sewage, televisions, air-conditioners, and all other kinds of accessories within the area of such apartment.
(3) The owner of an apartment shall reimburse the Association for any expenditure that may have been incurred by it for repairing or replacing anything pertaining to common areas and facilities, such repairing or replacing being required to be eff ected due to any damage caused by such apartment owner in respect of the common areas and facilities.
(4) All apartments, except those specifi cally meant for non-residential purpose, shall be utilized for residential purpose only and no apartment owner shall utilize them, or any portion thereof for non- residential purpose.
20. Transfer of Apartment to be notifi ed to the Board.─ An apartment owner who sells or otherwise transfers his apartment shall immediately notify the Board, the name of the purchaser or transferee and his address, phone number and email address.
Similarly, the transferee of the apartment shall immediately, notify the Board concerned about his ownership or interest, as the case may be, of the apartment in question.
21. Use of common Areas and facilities.─ (a) The owner or occupier of an apartment shall not place or cause to be placed in the lobbies, vestibules, stair-ways, corridors, elevators and other common areas, any furniture, package or object of any kind, and such areas shall be used for no other purpose than for normal transit through them.
(b) No owner or occupier of an apartment shall use any common areas and facilities for any purpose other than it is intended for such use.
22. Restriction on certain acts.─ No owner/occupier of the apartment shall–
(a) post any advertisement or poster of any kind in or on the building comprised in such property without permission of the Board concerned;
32 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) make any noise or use or play musical instrument, radio, television or amplifi er in such high pitch, or do any work or thing, or act or conduct himself in such way, that may reasonably cause irritation, annoyance or disturbance to any other resident or residents;
(c) keep any domestic animal within the property without abiding by the relevant municipal law;
(d) hang cloths and garments from windows or balconies of his apartment causing inconvenience or irritation or any annoyance to any other resident or residents;
(e) throw garbage or refuse outside the dustbins provided within the common service area;
(f) take up wiring for electrical and telephone installation, television antennae, machines or air-conditioning units on the exterior of the property concerned that protrudes through the walls or roof of that building except as authorized by the Board; and
(g) arrange any public function in any part of the property, except with the permission of the Board.
CHAPTER VI FUNDS & INVESTMENTS
23. Deployment of Funds.─ The income of the Association shall be applied solely towards promotion of aims and objects of the Association as set forth in the bye-laws herein and no portion thereof shall be paid or transferred directly or indirectly to the members of the Association.
24. Maintenance of Accounts of Association.─ (1) Each Association shall open a bank account in the name of the Association in the State Bank of India or in any Nationalized Bank, to which shall be credited-
(a) all the dues of the Association, on account of any assessment or otherwise, collected from its members, or on account of any rent collected from tenants;
(b) any amount by way of advance, grant, donation, loan or otherwise, received or raised by the Association; and
(c) any other amount due, payable or made over to the Association.
(2) The bank account shall be operated by the President and the Treasurer jointly, and the payments above Rupees [ ] shall be made by cheques:
Provided that the Treasurer may, for defraying petty expenses, retain such amount of cash in his hands as the Association from time to time decides.
(3) The Accounts of the Association shall be audited by an auditor to be appointed by the Association.
(4) A copy of the audited accounts of each Association along with the auditor’s report thereon shall be expeditiously forwarded to the Competent Authority in due compliance of Rule 16, and the Competent Authority shall have the power to issue directions to the Association or the Board from time to time with reference to such report and such directions shall be binding upon the Association and the Board.
25. Publication of audited annual fi nancial statements.─ (1) Each Association shall on or before 31st October of each year publish an audited annual fi nancial statement in respect of the preceding fi nancial year, inter alia–
(i) the details of its profi t and loss account
(ii) its total receipts and expenditure
(iii) a summary of the details of the property concerned and
(iv) the details of the assets and liabilities of such Association as they stand at the end of the fi nancial year concerned;
(2) a copy of last audited annual fi nancial statement together with the reports of the auditors thereon shall be kept in a conspicuous place in the offi ce of the Association and a soft copy of the same shall be shared to all members through email or any other electronic mode.
(3) each association shall fi le annual income tax return within the due date of fi ling return under the Income Tax Act, 1961.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 33
CHAPTER VII FEDERATION
26. Formation of Federation.─ (1) The federation formed under the Act shall maintain and manage the collective common areas and facilities which are declared and submitted before the Competent Authority and it shall follow the provisions regarding Associations, mutatis mutandis, in managing the aff airs of the federation.
(2) All the constituent societies and associations, as the case may be, shall be members of the federation and pay proportionate share of common expenses from time to time as determined by the federation for maintenance of collective common areas and facilities.
27. Members of Federation.─ President and Treasurer of each constituent Association shall be members of the Federation.
28. Chairman of Federation.─ The President of each constituent Association shall be the Chairman of the federation in turns. Chairman shall be the Chief Executive Offi cer of the Federation. The term of Chairman of federation shall be one year from the date of his taking charge.
29. Collective common areas and facilities.─ (1) That for the proper and eff ective administration of a property, the constituent association or society shall strictly comply with the provisions of the said act 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.
(2) 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.
CHAPTER VIII MISCELLANEOUS
30. Compliance of bye-laws.─ The bye-laws are set forth to comply with the requirements of the Tamil Nadu Apartment Ownership Act, 2022 (Tamil Nadu Act 44 of 2022) and the Rules made thereunder. In case of any inconsistency between these bye-laws and the provisions of the said Act, the provisions of the Act shall apply.
31. Seal of Association.─ The Association shall have a common seal in its name and style which shall remain in the custody of the Secretary and shall be used only under the authority of the Association of the Board concerned.
32. Amendment of bye-laws.─ These Byelaws may be amended by the Association in a duly constituted Special General Meeting by way of Extra Ordinary Resolution for such purpose.
ANNEXURE.
(see clause 10 (1)) RESERVED MATTERS LIST
1. Amendment of bye-laws
2. Amendment of Declaration/Federation
3. Redevelopment of the project/property KAKARLA USHA, Principal Secretary to Government.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU