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Ravichandran J   01 July 2019

Membership of apartment owner's association

My Apartment Owner's Association in Chennai wants to amend the bye-laws to enable Members to nominate some near relatives who are not owners or co-owners as members in their place with all powers to contest eletions and become office bearers of Association.

Request clarify if such a bye-law is legal as per Tamil Nadu Apartment Ownership Act 1994 where

Para 12: The Apartment owners shall form a Society.......

Para 3(c) " Apartment owner" means the person or persons owning an apartment.........

Para 3(d) "Association of Apartment Owners" means all of the apartment owners acting as a group.....



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     01 July 2019

As per bye-law only owners can contest the election and became office bearer.

P. Venu (Advocate)     02 July 2019

The proposed amendments are unsound and bad in law.

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