(1) After the date of commencement of the Act, the apartment owners shall form an association and make bye-laws on the lines of model bye-laws in Appendix and submit it for registration of the association with the competent authority together with a scrutiny fee as specifi ed in the Schedule within a period of one hundred and eighty days from acceptance of declaration in sub-rule (3) of rule 3.
Explanation: For the purpose of this sub-rule, a person owning more than one apartment, shall be deemed to be one apartment owner. There shall be a minimum of four apartment owners to form an association.
(2) On receipt of bye laws under sub-rule (1), if the competent authority is satisfi ed that all the requirements of the Act have been complied with and the bye-laws are in consonance with the provisions of the Act, the competent authority shall register the bye-laws within a period of ninety days from the date of receipt of the application, and shall certify under its hand that the bye-laws is registered and issue a certifi cate of registration in Form–F.
(3) If the application prima facie appears not to be in order or if the bye-laws are not in consonance with the provisions of the Act, 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 and resubmit it within a specifi ed period.
(4) Within a period of ninety days from registration of bye-laws, the President shall forthwith forward the names of the elected President, Secretary, Treasurer and other Managers of the association in the format specifi ed in Form–G along with a copy of resolution wherein such offi ce bearers of the Association are elected and attendance sheet of the meeting of the association to the competent authority.
(5) Upon receipt of form under sub-rule (4), the competent authority shall cause the names of the offi ce bearers of the association thereof to be entered in the register maintained for this purpose.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3