Rules for Tamil Nadu Apartment Ownership Act Rolled Out
The housing and urban development department of Tamil Nadu has introduced new rules for the redevelopment of 30-year-old buildings, which were stalled due to resistance from a small number of residents. These rules strengthen the Tamil Nadu Apartment Ownership Act, which came into effect on March 6.
New Rules for Apartment Owners
According to the new rules, apartment owners are now required to establish an association, create it by e-laws, and register the association. At least four apartment owners are required to form an association. Each association must have a board of managers. In cases where there are multiple towers on a property, the associations can form a federation, with the president and treasurer of each association serving as members.
Importance of Resolution for Redevelopment
The new rules emphasize the importance of obtaining a resolution for the redevelopment of a building. The board of managers, either suo motu or on request from one-fourth of the apartment owners, must convene a special general meeting. Based on the resolution passed, the association must inform the relevant authorities about the decision to proceed with the redevelopment. This includes intimating the chief planner of the Chennai Metropolitan Development Authority or the local planning authority.
Notification and Objection Process
Once the decision for redevelopment is submitted, the association must notify all apartment owners in writing within ten days. If any apartment owner is dissatisfied with the manner in which consent for redevelopment was obtained, they have the option to file an objection with the relevant authority within 30 days. The authority will review the objection and issue necessary directions to the association if required.
Redevelopment Report
If the building is certified to be in a ruinous condition or may endanger the lives of the occupants, the association must convene a meeting and pass a resolution for engaging a promoter/consultant to prepare a detailed redevelopment report. This report should include various details such as carpet area, alternative accommodation or rent payment, security deposit, vacant area, garden, parking, building specifications, common areas, recreation facilities, required approvals/permissions, time limit for completion, and other necessary matters.
Consent and Agreement
After the detailed redevelopment report is prepared, the association must obtain written consent from at least two-thirds of the apartment owners. They should then enter into an agreement with the promoter and submit the redevelopment scheme to the authority within 30 days of execution.
Praise for the New Rules
S Ramprabhu, CMDA and DTCP committee chairman of the Builders Association of India (BAI), has stated that these new rules provide clear directions on how to carry out redevelopment and will be useful in understanding how to run an association. Redevelopment is an issue across the state, and these rules aim to streamline the process.
In conclusion, the Tamil Nadu government has rolled out new rules for apartment owners as part of the Tamil Nadu Apartment Ownership Act for the redevelopment of 30-year-old buildings. These rules mandate the establishment of an association, the formulation of a redevelopment report, and obtaining the necessary consent from apartment owners. The introduction of these rules aims to overcome resistance from a small number of residents and facilitate the smooth redevelopment of buildings in the state.
