Tamil Nadu

Bill to replace Apartment Ownership Act introduced

Tamil Nadu Minister for Housing and Urban Development S. Muthusamy on Saturday introduced a Bill in the Assembly that will replace the Tamil Nadu Apartment Ownership Act, 1994.

The statement of objects and reasons said the legislation was needed to cater to the dynamic developments in the housing industry and the growth of the real estate sector. The legislation would provide an effective delineation of the rights and responsibilities of apartment owners and facilitate effective management and maintenance of apartment community.

The statement said there were practical difficulties in complying with many requirements of the previous law owing to the drastic transformation in the real estate sector.

According to the new legislation, which is applicable to housing complexes with at least four units, only one association will be recognised in each apartment project. It also recognises the concept of associations coming together to form a “federation”.

Redevelopment

An official release said there were a lot of old apartment complexes that could not be redeveloped because of the lack of adequate legal framework. Under the legislation, an apartment complex could be redeveloped if two-thirds of the owners agreed or if the building was certified to be in a ruinous condition and posed a safety threat.

The release said the Bill also provided a clear and consistent formula to calculate the percentage of undivided interest in common areas and facilities. It has provisions enabling those covered under the law to go on appeal against orders issued by a competent authority on any issue.

Two more Bills were tabled. One was to amend the Tamil University Act to remove the clauses that prevented hearing and speech impaired persons and those suffering from leprosy to become a member of any of the authorities of the university. The National Human Rights Commission found this to be in violation of human rights. Moreover, the Rights of Persons with Disabilities Act mandates the government to ensure that the persons with disabilities enjoy the right to equality.

The other Bill was to amend the Tamil Nadu Payment of Salaries Act to bring it in consistence with the fact that no one from the Anglo-Indian community is nominated to the Assembly any more.


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Printable version | May 7, 2022 8:54:18 pm | https://www.thehindu.com/news/national/tamil-nadu/bill-to-replace-apartment-ownership-act-introduced/article65391689.ece