Tn apartment ownership act 2022

First confirm if your flat has been registered under the referred act, if so then the rules of the act will be applicable.

In that case you can issue a legal notice to the management stating that they are violating the provisions or rules of the said act hence they are liable for legal consequences if they still insist on the ir own rules

Yes.  The Tamilnadu Apartment Act, 2022 came into force w.e.f. 06.03.2024 and the rules thereunder came into effect from 2024 (24.09.2024).  If it is registered under the Act, the management shall follow the law in force, otherwise, you can take legal action against the management.

Thank You Thiru Kalaiselvan,

The Association is not Registered under the new Act of 2022. The Rules came into effect in 2024. Then the following arises:

1. Is it manadatory to get Registred under TamilNadu Apartment Oenership Act 2022 (Rules of 2024)?
2. If not registered what will be the consequences?                                                                                                  I would appreciate your kind advice

Until and unless the associatiion is a registered body under relevant provisions of law, it neither can sue nor can be sued.  

Thus the present management is not a legally recognised body, therefore whatever demands they make or are  reluctant to disclose the account details of the funds collected can be considered as an illegal act and can be charged for the offences of breah of trust, misappropriation, embezzlement and cheating besides other related offences.

you can inform the presnt mangement about the legal opinion you had from this forum as well as from other genuine legal forums like this and refuse to comply with their illegal demands. 

Thank you verry much,

I am sorry, I forgot to mention a few relevant details. Our Association took over maintenance from the builder in June 1998. Our Association was registered in March 1998 under Tamil Nadu Societies Act 1975. The Association has been regularly getting it renewed annually from Registrar's office after the Annual GM. The last renewal was done in October 2024..

My doubts are

1. Is the Association is required to register under the above Act of 2022/Rules of 2024 (having registered already under T.N. Societies Registration Act 1975)? Is it manadatory?

2. 1. If mandatory and required to be registered under the Tamil Nadu Apartment Ownership Act 2022 and its rules of 2024 still and if the Association does not want to do, what will be its  consequences?.

Your piece meal information contradicting your own facts from one post to another will fetch you misguiding opinions andd suggestions and may not guide you to forma correct opinion to your issues.

You have not even whispered so far the information what you have furnished in your latest post.

Since your association is a registered body, the bylaws of the association will be binding on all the members.

The decision with regard to any changes in the maintenance or any other major issues affecting all the members, can be taken up  only in a general body meeting by passing a resolution with majority members supporting the resolution.

If any member is not satisfied and feels that it is an arbitrary or unilateral decision on the inducement of some vested interests, then he may collect the evidences to support his complaint to be moved before the registrar of cooperative society or before the cooperative court.

However please note that the existing registered apartment associations in Tamil Nadu, even if registered under previous laws, must comply with the Tamil Nadu Apartment Ownership Act, 2022, which includes filing a declaration and forming an association under the new law. 

The 2022 Act introduces significant changes, including a simplified declaration process, a unified approach to apartment associations, and provisions for redevelopment. 

Failure to comply with the 2022 Act, including the filing of the declaration and the formation of an association, can result in penalties. 

The Act also prescribes model bye-laws for the Association of Apartment Owners.