(1) The board of managers either suo-motu or on request from one fourth of the apartment owners, shall convene a special general meeting with regard to redevelopment.
Explanation - T he participation of minimum two-third apartment owners shall constitute a quorum for such special general meeting.
(2) Pursuant to the resolution passed in the special general meeting, the association with the consent, in writing, of not less than two-third of apartment owners of the project, shall intimate the C hief Planner, Area Plan Unit of Chennai Metropolitan Development Authority, if the building is in Chennai Metropolitan Planning Area or Member Secretary of Local Planning Authority, if the building is in Planned Area or to the Assistant Director/Deputy Director/Joint Director of Directorate of Town and Country Planning, as the case may be, in Other Areas in Form-I, the in-principle decision taken by the association for redevelopment of the project.
Explanation – For the purpose of this sub-rule, e ach apartment shall be treated as a separate and distinct unit irrespective of a person owning multiple apartments in the project.
(3) The association shall send written intimation to all the apartment owners within a period of ten days from the submission of the in principle decision in Form-I to the authority mentioned in sub-rule (2).
(4) If any apartment owner aggrieved by the manner in which consent for redevelopment has been obtained may submit his objection before the authority specifi ed in sub-rule (2), within a period of thirty days from the date of receipt of intimation letter from the association under sub-rule (3).
(5) (a) Upon receipt of the objection, the said authority shall serve a notice to the concerned parties and hold such inquiry as deemed necessary.
4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) Upon consideration of records and submissions made, if the said authority is satisfi ed that the consent for redevelopment obtained by the association is in contravention of the provisions of the Act, Rules and Bye-laws made thereunder, it shall give such directions as may be necessary to the association.
(c) If the said authority is satisfi ed that due process is followed by the association in obtaining necessary consent for redevelopment in accordance with the provisions of the Act, Rules and Bye-laws made thereunder, he shall reject the objection recording the reasons thereof.
10. Preparation of detailed redevelopment report.─ (1) Notwithstanding anything contained in rule 9, if the appropriate authority has certifi ed that the building is in ruinous condition or it may endanger the lives of the occupants or any other person, the association shall convene a special general meeting and pass a resolution for engaging promoter/ consultant for preparation of detailed redevelopment report and to submit the same to the association for its approval.
(2) Pursuant to submission of Form-I under sub-rule (2) of rule 9, the association shall engage a promoter/ consultant and shall cause it to prepare and submit a detailed redevelopment report and the same shall be placed before the association for approval.
(3) The detailed redevelopment report shall contain the carpet area, alternative accommodation or payment of rent, security deposit, vacant area, garden, parking, building specifi cations, common areas, recreation facilities and amenities to be provided to the apartment owners, the approvals/permissions from all statutory bodies required to be obtained under the applicable laws, time-limit for completion of the re-development project; and such other matters as may be necessary for redevelopment.