The Housing and Urban Development Department of Tamil Nadu issued the Tamil Nadu Apartment Ownership Rules 2024 on 24 September 2024. The new rules provide a comprehensive legal framework for apartment ownership in the state, covering several aspects of apartment management, governance, and redevelopment. These provisions are designed to streamline apartment ownership and management, with a specific focus on addressing redevelopment concerns.
Key Provisions in the Apartment Ownership Rules
The new rules outline several procedures that apartment owners and associations must follow. These include:
- Declaration Forms: The rules mandate filing declarations in prescribed forms (A, B, C, D, and E), with specific forms for office bearers, collective common areas, and facility declarations.
- Federation Registration: Federations and associations must register their bylaws and submit relevant forms, such as Form F for registration and Form G for listing the elected board members.
- Board of Managers: The rules also detail the constitution of a Board of Managers and its functions, specifying how it will manage the affairs of the apartment association or federation.
Specific Redevelopment Provisions
A standout feature of the 2024 rules is the inclusion of specific provisions related to redevelopment.
- Special General Meeting for Redevelopment: The rules require the Board of Managers, either on its own or upon the request of at least one-fourth of apartment owners, to convene a Special General Meeting (SGM) to discuss redevelopment. A minimum of two-thirds participation of apartment owners is required to form a quorum for this meeting.
- Objection Process: If any apartment owner is dissatisfied with how consent for redevelopment is obtained, they may file an objection with the authority within 30 days. The authority will review and reject the objection if it determines that the consent was properly obtained, providing reasons for its decision.
- Dangerous or Ruinous Condition of the Building: If the building is certified as dangerous by the authority, the apartment association must call for an SGM to engage a promoter or consultant to prepare a detailed redevelopment report. This report must be presented to the association for approval and contain the details as stipulated in the rules.
- Execution of Redevelopment Scheme: Rule 11 focuses on the execution of the redevelopment scheme, including obtaining the written consent of at least two-thirds of apartment owners. The agreement must be signed and the redevelopment scheme finalized, covering all necessary details as required under the law. This scheme must then be submitted to the relevant authority for approval.
Simplified Stamp Duty and Registration Process
For redevelopment projects, the rules also specify that the stamp duty and registration fee will align with those applicable to Joint Development Agreements. This is intended to simplify the legal formalities and reduce the financial burden for redevelopment projects.
Conclusion
The Tamil Nadu Apartment Ownership Rules 2024 mark a significant step towards regulating apartment ownership and redevelopment processes in the state. The new rules provide clear guidelines for apartment owners and associations, making it easier to manage redevelopment projects while protecting the rights of all stakeholders. By ensuring that all redevelopment processes are transparent and legally compliant, the Tamil Nadu government is paving the way for smoother urban redevelopment and housing governance.
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