1) Tamil Nadu Apartment Ownership Act, 2022 and Rules, 2024: This acts as the supreme statutory authority. Section 25 of the Act contains an overriding clause, explicitly stating that its provisions prevail over any conflicting laws, agreements, or deeds

2) Bye-laws of the Association: Drafted under Section 6 on the lines of the statutory Model Bye-laws, this document defines internal governance mechanisms. It must strictly align with the parent Act and the Registered Declaration

3) General Body Resolutions: These  regulate day-to-day administrative functions. They occupy the baseline of this ecosystem and cannot challenge any element above them

4)  Any bye-law that deviates from the Act, Rules, or the submitted Form A Declaration is ultra vires (beyond its legal power) and legally void from its inception. Section 6(3) mandates that bye-laws must be in consonance with the provisions of the Act to be eligible for valid registration

5) AGM cannot pass resolutions altering core legal realities (such as re-allocating UDS, shifting maintenance contribution weights against the carpet area rule, or denying access to common areas) if those resolutions breach the Act or the Registered Declaration

6) Under the Tamil Nadu Apartment Ownership Act, 2022, internal grievances and registration challenges must be formally brought before the designated Competent Authority appointed by the State Government under Section 2(l).

Tamil Nadu Apartment Ownership Act, 2022 and Rules, 2024, is the supreme statutory authority. Section 26 contains a  overriding clause stating that the provisions of this Act prevail over any conflicting laws, prior agreements, or deeds.

The Form A submitted under Section 4, this document  defines the unalterable legal and physical realities of the property, such as individual property limits, total carpet area, and the Undivided Share (UDS) of common areas.

The bylaws of the association drafted under section 6 govern internal administration. They must align with both the parent Act and the registered Form A Declaration.  Any bye-law that deviates from the Act, Rules, or the submitted Form A Declaration is ultra vires (and legally void from inception. Section 6 mandates that bye-laws must be in consonance with the Act to be validly registered. The General Body cannot vote away statutory rights (e.g., changing UDS allocations against the carpet area rule or restricting access to common areas defined in Form A).The Declaration (Form A) always prevails over the bye-laws

Under the TNAOA 2022, internal grievances and registration challenges must be formally brought before the designated Competent Authority appointed under the Act. Orders of the Competent Authority can further be appealed to the Housing and Urban Development Department (Appellate Authority) under Section 11.

Having 7 managers is legally permissible and highly practical for multi-block communities, provided you structure it correctly in your revised bye-laws. Your bye-laws can explicitly fix the number of elected Board of Managers at 7. These 7 members hold the primary, legally recognized statutory and voting powers under Section 6 of the TNAOA. These nominated block representatives act as an extended administrative arm to assist the core board. They cannot exercise statutory voting rights on core board decisions unless they are formally elected to the Board of Managers.

Bye laws cannot override the Act anytime. It will be the Act which will supersede 

Dear Sir/Madam,

The GPA does not automatically become invalid only because Joan was convicted later. It remains valid unless revoked by you or cancelled by a competent court.

But if the GPA was only for maintaining the property, and she sold it by using forged/fictitious documents, such sale can be challenged.

You should immediately revoke the GPA, issue a public notice, and file a civil suit for cancellation/declaration of the sale deed.

Advocate Saurabh Agrawal

1) The general body must elect the core 7 Board members.  the Board has the implicit and explicit power to appoint sub-committees, managers, or supervisors to assist in daily administration.

2) These block representatives are not "administrative roles" with statutory power under the Act. They are an administrative arm of the Board. Because they do not hold independent, voting, or statutory seats on the core MC, their appointment does not infringe upon the General Body's exclusive right to elect the Board.

3)

• Monitoring local block housekeeping, security guard attendance, and waste management compliance.
• Identifying and reporting plumbing leaks, electrical faults, or lift malfunctions directly to the MC or estate manager.
• Facilitating access for MC-approved contractors into the specific block for repairs.
• Acting as a localized helpdesk to collect resident grievances and forward them to the MC.

Under the TNAOA, 2022, the Act is concerned with the election of the core Board of Managers (your 7-member MC). The Act does not require auxiliary or local help to be elected by the General Body, provided they are not given statutory decision-making powers.The core 7-member MC can legally use its bye-law powers to directly nominate these block-level assistants. You do not need a General Body election for them.

In your revised bye-laws, you may  designate them as "Block Administrative Facilitators" or "Block Advisory Sub-Committees." Section 6 of the Act allows the bye-laws to frame rules for the administration of the property, which inherently includes the right of the Board to appoint working sub-committees or agents to execute routine tasks.

To ensure these nominated block representatives can never be legally challenged under Section 6 as "unauthorized managers," they should only handle tasks classified as operational execution and reporting, never final fiscal or administrative approval.

To legally guarantee that these nominated block members remain strictly subservient to the core MC, you must include a dedicated "Sub-Committee & Auxiliary Roles" clause in your revised bye-laws.

The Block Administrative Facilitators are appointed strictly as an administrative, advisory, and executionary arm of the Board of Managers. They do not constitute a part of the statutory "Board of Managers" as defined under the Tamil Nadu Apartment Ownership Act, 2022, and shall possess no statutory voting rights, independent administrative powers, or financial authority.

The Board of Managers retains the absolute right to accept, amend, reject, or override any views, reports, or recommendations presented by the Block Administrative Facilitators.

The Block Administrative Facilitators shall serve at the pleasure of the Board of Managers. The Board reserves the unilateral right to dissolve any block-level sub-committee, strip a representative of their nominated title, or replace any nominated individual at any time via a standard Board resolution, without requiring the assent of the General Body.

You need to incorporate such bye laws which are consistent with the core Act language can be anything but should not have contrary intent 

Dear Sir/Madam,

The 7-member elected MC may take help from block-level volunteers/coordinators.
But nominated persons should not be treated as Board/Managing Committee members.
They should have no voting right, no veto, no financial/signing power and no authority to bind the Association.

In the bye-laws, call them “Block Coordinators/Advisory Members”, not “Executive Committee Members”. Their role should be limited to reporting complaints, supervising routine housekeeping, coordinating residents and assisting the MC.

Add a clear clause that all statutory, financial and policy decisions shall remain only with the elected MC/General Body, and the MC may appoint or remove such coordinators at any time.

Advocate Saurabh Agrawal

From the facts stated by you, the proposed structure can be legally workable provided the revised bye-laws are carefully drafted and remain consistent with the Tamil Nadu Apartment Ownership Act, 2022 ("TNAOA"), the Declaration (Form A), and the Rules.

The TNAOA contemplates that the affairs of the Association are to be administered through the duly constituted Board of Managers/Managing Committee. If your bye-laws provide that the Association shall be managed by a 7-member Board of Managers, there is nothing inherently impermissible in such a structure, provided it complies with the Act, the Rules and, during the transition period, the Tamil Nadu Societies Registration Act, 1975.

The proposed Block Executive Committee Members or Block Representatives should not be constituted as a parallel governing body or a second management committee. Instead, they should merely function as administrative coordinators or advisory representatives appointed by, and answerable to, the Board of Managers. Their appointment should be clearly described as an internal administrative arrangement intended to facilitate efficient maintenance and communication in a large multi-block project.

The revised bye-laws should expressly state that the Block Representatives:

• are nominated and may be removed at any time by the Board of Managers;

• hold no independent statutory office;

• do not constitute a separate committee or governing body under the TNAOA;

• possess no independent decision-making, financial, contractual or policy-making authority;

• cannot bind the Association or represent it before any statutory authority unless specifically authorised by the Board of Managers;

• function solely to assist the Board in administrative matters.

The duties that may safely be delegated to such Block Representatives are essentially ministerial and operational in nature. These may include coordinating housekeeping complaints, monitoring cleanliness of common areas within the block, reporting plumbing, electrical or lift issues, communicating residents' grievances to the Board, assisting during emergencies, facilitating maintenance inspections, coordinating pest control, landscaping, security observations and other routine maintenance-related activities. Such functions do not amount to management of the Association and therefore are less likely to attract legal objection.

Conversely, the bye-laws should expressly prohibit Block Representatives from exercising powers such as convening General Body Meetings, issuing statutory notices, operating bank accounts, approving budgets, levying maintenance charges, awarding contracts, instituting or defending litigation, taking disciplinary action against owners, interpreting the Declaration or bye-laws, or exercising any power exclusively vested in the Board of Managers or the General Body.

To preserve the supremacy of the Board of Managers, the bye-laws should contain a clause substantially to the following effect:

"The Block Representatives/Executive Committee Members shall function solely as administrative coordinators to facilitate communication and day-to-day maintenance within their respective blocks. They shall possess no independent executive, financial, statutory or policy-making authority. All recommendations made by them shall be advisory in nature only and shall not bind the Board of Managers. The Board of Managers shall have absolute discretion to accept, modify or reject any recommendation, and all decisions relating to the administration and management of the Association shall vest exclusively in the Board of Managers and the General Body in accordance with the Tamil Nadu Apartment Ownership Act, 2022, the Declaration and these Bye-laws."

This type of drafting makes it clear that the Block Representatives are merely an extended administrative arm of the Board and not a separate authority.

Your earlier question regarding the number of Managers is also important. If the bye-laws validly provide for a 7-member Board of Managers, and that number is otherwise consistent with the governing legislation, there is generally no legal prohibition against the Board constituting sub-committees or appointing coordinators for administrative convenience. What the law generally prohibits is the creation of another governing body that effectively exercises powers reserved for the Board or the General Body.

Finally, the hierarchy remains:

1. Tamil Nadu Apartment Ownership Act, 2022 and the Rules;

2. Registered Declaration (Form A);

3. Registered Bye-laws;

4. Resolutions of the General Body;

5. Administrative decisions of the Board of Managers.

Neither the bye-laws nor any General Body resolution can override the Act, the Rules or the Declaration. Accordingly, your proposed model is legally more defensible if the Block Representatives remain purely administrative facilitators with no independent statutory or managerial powers, while all governance, financial and policy decisions continue to vest exclusively in the duly constituted Board of Managers and the General Body.