(1) The Promoter or majority of apartment owners of a building as the case may be, shall submit a declaration in Form-A to the competent authority together with a fee specifi ed in the Schedule within a period as specifi ed in the Act from the date of issue of completion certifi cate of the building by the appropriate authority
Provided that if the common areas and facilities of such buildings have been handed over to the apartment owners, the majority of the apartment owners of such building shall submit the declaration:
Provided further that if the common areas and facilities are managed by a society, such society representing the majority of apartment owners shall submit declaration.
[ 1 ] 2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Explanation.— (i) Wherever completion certifi cate is not applicable under the development and building rules in force, the date of providing permanent power connection by the TANGEDCO for any apartment in the project shall be construed as a completion certifi cate.
(ii) For the purpose of this sub-rule, a person owning more than one apartment, shall be deemed to be one apartment owner.
(2) In case of property developed in multiple phases having existing society registered for specifi c phase or tower, such society shall independently submit the declaration in Form-A to the competent authority together with a fee specifi ed in the Schedule in respect of such phase or tower.
(3) On receipt of such declaration, the competent authority after holding such inquiry, as it may consider necessary, accept the declaration, in conformity with the provisions of sub-section (3) of section 4 of the Act or return the declaration under sub-section (4) of section 4 of the Act, indicating the defects to be rectifi ed with direction to resubmit the same within a period of thirty days.
(4) After the acceptance of declaration submitted under sub-rule (2), the offi ce bearers of all the constituent societies or associations shall fi le a declaration in Form-B to the competent authority about their intention to form a federation, specifying the common areas and facilities.
Provided that for phased development, wherein the promoter has the right of future development, the offi ce-bearers of constituent societies along with the promoter representing the proportionate interest of the future associations / development shall fi le such declaration to the competent authority.
(5) On receipt of an application under sub-rule (4), if the competent authority is satisfi ed that all the requirements of the Act have been complied with and if the application is in order, the competent authority shall issue a certifi cate of registration of federation in Form-C within a period of ninety days from the date of receipt of the application. If the application prima facie appears not to be in order, the competent authority shall, within a period of thirty days from the date of receipt of the application, return the application with suitable direction to rectify the defects within a specifi ed period.
(6) Within a period of ninety days from the formation of federation under sub-rule (5), the federation shall submit the declaration on the collective common areas and facilities in Form-D to the competent authority together with a fee specifi ed in the Schedule.
(7) On receipt of such declaration of federation under sub-rule (6), the competent authority after holding such inquiry, as it may consider necessary, accept the declaration of federation under the provisions of sub-section (3) of section 10 of the Act or return under sub-section (4) of section 10, of the Act with direction to rectify and resubmit the same within a period of thirty days.