TN APARTMENT OWNERSHIP ACT TN APARTMENT OWNERSHIP ACT

8 months ago

I HAVE LIVED APARTMENT @CHENNAI . THE APARTMENT HAVE GROUND + FIRST FLOOR - TOTAL 5 MEMBERS OF APARTMENT. MAINTENANCE ACTIVITIES DONE ONE MEMBER BUT THEY ARE NOT GIVEN PROPER EXPLANATION OF EXPENSES. ACTUALLY WE ARE NOT FORM ANY ASSOCIATION AS PER TN APARTMENT ACT .
HOW TO FORM THE ASSOCIATION
HOW MANY MEMBERS ARE REQUIRED AS PER LAW
HOW MANY OF THEM MAJORITY TO FORM THE ASSOCIATION
TOTAL MEMBERS - 5 OF WHICH TWO OF THEM FROM OUTSIDE OF APARTMENT(KEEPING TENANT)
3 MEMBERS (OWNERS) LIVED AND 2 TENANTS ARE LIVED CURRENTLY IN THIS APARTMENT.
WHAT TO DO THE PROCESS
HOW TO DO THE PROCESS

Anik

Responded 8 months ago

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A.Dear Client,
To form an apartment owners association in Chennai, you can follow the process outlined in the Tamil Nadu Apartment Ownership Act, 1994 (TN Act) and its rules.

According to the TN Act, for the formation of an association, it is necessary to have a minimum of seven members who are owners of the apartment units. In your case, it appears that there are only five members, including two tenants. Please note that tenants cannot be part of the ownership association.

To initiate the process of forming the association, you may need to take the following steps:

1. Ensure you have a minimum of seven apartment unit owners willing to be part of the association.

2. Draft and adopt the association's bylaws which will govern its functioning. These bylaws typically cover matters such as membership, election of office bearers, maintenance charges, common facilities, dispute resolution, etc. It is advisable to consult with a lawyer to draft the bylaws according to your specific requirements and in compliance with the relevant laws.

3. Hold a general body meeting with the seven owners to officially form the association, adopt the bylaws, and elect office bearers such as President, Secretary, Treasurer, etc.

4. Register the association under the Tamil Nadu Societies Registration Act, 1975. This involves filing an application with the Registrar of Societies along with the necessary documents, such as the bylaws and a list of office bearers.

5. Obtain a Registration Certificate from the Registrar of Societies. Once your association is registered, you will receive the certificate which establishes the legal existence of the association.
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