I live in a 29-year-old apartment complex comprising 24 apartments. In several cases, the ownership of apartments has changed more than once. There used to be a building association, which later degenerated into a non-functional entity. A minimal maintenance charge, however, is collected by a few individuals for common area lighting, switching on/off of pumping motor and occasionally sweeping the staircases and corridors. As the building is old, it needs both internal and external repairs. The owners/tenants refuse to pay a reasonable maintenance fee for the proper upkeep of the building.
Can the Corporation be approached to remedy the situation? Is there any other solution?
R. Vasudevan
Chennai
I am staying in an apartment registered under the TNSR Act 1975, but yearly returns have not been filed for 23 years. Please tell me what I have to do to regularise the registration of association under TNSR Act 1975?
A. Shanmugam
Chennai
Common answer for both questions —
as indicated by us in this column earlier, there is a procedure laid down in Tamil Nadu Societies Registration Act for the removal of defunct registered societies. The assets of the association, if any, have to be dealt with as per this procedure.
Please consult a lawyer to work out the possibility of reviving the previously registered association. It is also possible to register a fresh association in a different name and commence activities afresh, taking a practical view of the matter.
The by-laws have to be drafted covering various aspects commencing from routine maintenance issues to major items of capital expenses. There is no provision under which the Corporation can be approached to remedy the situation in your case.
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The replies here are general and readers are requested to seek independent legal advice.
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