Migrating from the Tamil Nadu Societies Registration Act, 1975 to the Tamil Nadu Apartment Ownership Act, 2022 (TNAOA) and its corresponding Tamil Nadu Apartment Ownership Rules, 2024 requires fundamental changes to how your association governs voting and handles financial accounts.
Under the TNAOA 2022 and the Model Bye-Laws (2024), voting rights are explicitly coupled with the Undivided Share (UDS) or the specific percentage of interest that each apartment holds in the common areas. Proxies are legally permitted to attend and vote in all general meetings, whether normal or special resolutions are being considered. However, the proxy must be appointed formally via a signed proxy form submitted to the Board of Managers within the timeframe stipulated in your Bye-Laws. This is standard practice adapted from Model Bye-Laws under Section 6 (Bye-laws) and Section 7 of the TNAOA, 2022.
If the principal (the actual apartment owner) physically turns up and marks their presence at the meeting, their proxy is automatically superseded. The owner can cast their vote directly, and the proxy is no longer authorized to vote on behalf of that unit.
Ref section 5 and 4 of modely byelaws; For critical matters, such as amending the declaration, approving redevelopment under the 2024 Rules (which requires a two-thirds majority), or allocating major common expenses the vote must be calculated according to the UDS percentage.
The same proxy vote for more than one owner subject to restrictions if any in your Bye-Laws. The TNAOA does not explicitly restrict a proxy from representing multiple owners.
If an owner holds three apartments, he/she hold the cumulative voting weight (the sum of the UDS percentages) of all three units. They do not get just "one vote as an individual."
The request by the owners of the newly handed-over blocks to wall off their excess maintenance funds into a separate block-centric account is a direct violation of the Tamil Nadu Apartment Ownership Act, 2022.Under the TNAOA, your entire 7-block project functions as a singular, unified "Property" or "Project" bound by a single Declaration filed under Section 4.
If you create a bye-law that isolates funds by block, it will be rejected by the Competent Authority during registration under Rule 6 (Registration of bye-laws) because the , under Section 3(2), the undivided interest of each owner in the common areas is permanent and cannot be altered or divided.
The fact that the project was completed in phases over 8 years does not split it into separate legal entities. It remains one project, one association, and one common pool. While the new blocks might require fewer immediate structural repairs than an 8-year-old block, their residents are concurrently utilizing older common assets (like an existing STP or clubhouse) whose replacement or major overhaul costs will later be shared by everyone.
When drafting your new TNAOA-compliant Bye-Laws, stick strictly to the Model Bye-Laws template provided in the Appendix of the TN Apartment Ownership Rules, 2024.
For drafting or to prepare good bylaws, you may engage the services of an experienced lawyer in the local or can choose an advocate of this website too on the terms of chosen lawyer.