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Rajesh Jayavelu   19 May 2023

Local association dispute in election and e.c members selection.

A) The Tamil Nadu Ownership act 1994 states at each Annual General Meeting the Executive Committee shall present a statement of account of the Association duly certified by the auditor elected by the General Body 

Question: In our association which functions from Chennai, An individual has taken help of auditor from different place and shares a single page(Attached) as auditor's validation. Is this acceptable?

B) The association has post/role called "Coordinator " is this valid? as he controls the association. I dont see Registrar acknowledging any of my queries via email/registered posts.

C) There are 17 E.C members for an association which has strength of 125 members. Is this allowed.

I would be more happy if there is any PDF to apartment ownership or association where i can study the rules/regulations



 1 Replies

S. Gupta (Legal Scholar)     22 December 2024

Sure, I'll answer your questions :-

A) Auditor's Validation
The Tamil Nadu Ownership Act, 1994, requires that the statement of accounts be certified by an auditor elected by the General Body. If an individual has taken help from an auditor from a different place and shares a single page as validation, it may not be acceptable unless the auditor was elected by the General Body. The certification should be comprehensive and in accordance with the standards set by the Act.

 B) Role of "Coordinator"
The role of "Coordinator" is not explicitly mentioned in the Tamil Nadu Ownership Act, 1994. The Act typically outlines roles such as President, Secretary, and Treasurer. If the "Coordinator" is controlling the association, it may not be valid unless this role is defined in the association's by-laws and approved by the General Body. If the Registrar is not acknowledging your queries, you may consider escalating the matter to higher authorities or seeking legal advice.

C) Number of E.C Members
The Tamil Nadu Ownership Act, 1994, does not specify a strict limit on the number of Executive Committee (E.C) members. However, having 17 E.C members for an association with 125 members seems reasonable, provided it is in accordance with the association's by-laws and approved by the General Body.

Additional Resources
For a detailed understanding of the rules and regulations, you can refer to the [Tamil Nadu Apartment Ownership Act, 1994]

 https://www.casemine.com/act/in/5a9ccdcb4a93265347812f15

and the [Tamil Nadu Apartment Ownership Rules, 2024

]https://stationeryprinting.tn.gov.in/extraordinary/2024/303_Ex_III_1a_2024.pdf.

I hope this helps! If you need further assistance, feel free to ask.


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