Can bye-laws override Form A/Declaration under TN Apartment Ownership Act, 2022?

QUESTION 1 – Hierarchy of the Act, Declaration, Bye-laws and General Body Resolutions:

Background:

We are an existing Apartment Owners' Association in Tamil Nadu, registered under the Tamil Nadu Societies Registration Act. Our residential complex is a multi-block gated community approved by CMDA and developed in phases with common infrastructure and amenities. We are presently in the process of migrating to the Tamil Nadu Apartment Ownership Act, 2022 and are preparing revised bye-laws. During discussions, members have suggested various clauses and interpretations. To ensure that the proposed bye-laws conform to the law, I seek the following clarifications.

Queries
What is the legal hierarchy between:

(a) Tamil Nadu Apartment Ownership Act, 2022 and Rules;
(b) Registered Declaration/Form A;
(c) Bye-laws of the Association;
(d) General Body resolutions?

*Can a bye-law inconsistent with the Declaration or the Act be valid and enforceable?

*Can the General Body pass resolutions contrary to the Declaration or
statutory provisions?

*If there is a conflict between the Declaration and the bye-laws, which document prevails?

*Can conflicting bye-laws be challenged and before which forum?

* Also as per TN Societies Law associan Managers ( Managing Committee members) should be netween 3 min and Max 22.
Can a byelaw can decide on 7 members of Managers and MCs later nominate Executive Members from each block as deemed necessary for Association to help to carry out administrations effectively.

Kindly support your opinion with relevant provisions of the Tamil Nadu Apartment Ownership Act, 2022, Tamil Nadu Societies Registration Act, and reported judgments of the Madras High Court, with case citations and links (Indian Kanoon/SCC Online, wherever available). If no Madras High Court precedent exists, kindly cite relevant Supreme Court judgments.

Asked 8 hours ago in Property Law

Religion: Hindu

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3 Answers

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).

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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.