CHENNAI: More than 22 years after Tamil Nadu Apartment Ownership Act, 1994, which came into force in 1997, many provisions are yet to be implemented. As a result, the State government is now re-examining the law. A housing department source told Express that the State is examining the provisions of the Act in the light of Real Estate Regulatory Authority, the new Tenancy Act and Combined Building Rules. It is learnt that the State is trying to bring synergy between all these legal provisions and ensure easier compliance and convenience.
One of the biggest issues the Tamil Nadu Apartment Ownership Act is facing is the registration of associations under it. It is learnt that apartment owners are still unable to register to form an association due to lack of an authority.
Since there is no authority constituted or yet to be notified as stipulated under the Apartment Ownership Act, the associations are being formed under the Tamil Nadu Co-operative Societies Act, 1961 or Tamil Nadu Societies Registration Act, 1975.
Sources said the other major issue is the Deed of Apartment, which could not be filed as there is no competent authority. “Once a sale deed for the apartment and the proportionate undivided share in land has been registered in the owner’s name, he becomes the absolute owner of the property conveyed. Though the Tamil Nadu Apartment Ownership Act has come into force, certain provisions have not been implemented fully.
Under Section 10 (2) of the Act, the Deed of Apartment has to be filed with the competent authority. The said authority has not been notified yet. Hence, at present, a Deed of Apartment cannot be filed under the said Act,” sources told Express.
Ajit Kumar Chordia, president of Confederation of Real Estate Developers Association of India (CREDAI), Tamil Nadu chapter, said since the Tamil Nadu Real Estate Regulatory Authority Act came into being, the Tamil nadu Apartment Ownership Act became redundant. “We can’t have multiple regulators. There is a need for a common regulator,” he said.