representative image Coimbatore: The state government has issued a recent notification of rules for redevelopment of old apartment complex have been treated well buildersWhile residents of such units should be careful.
Builders hope that under the new rules Tamil Nadu Apartment Ownership Act2022, will streamline the redevelopment of old buildings and simplify the day-to-day functioning of apartment complexes.
According to K Senthil Kumar, secretary of the Federation of Coimbatore Apartment Associations, the rules provide more clarity to builders and apartment owners on how to proceed with redevelopment. “However, the government did not consult stakeholders before making these rules. They decided the rules without understanding the ground reality. We are planning to approach the government for some amendments,” he said.
One of the major concerns raised by apartment residents is the confusion over the laws to be followed, given that apartment associations are already governed by the Societies Registration Act. “Both – Societies Registration Act and Tamil Nadu Apartment Ownership Act – Facilitates uniform bylaws. We are unsure about the set of rules to be followed. There is no clarity in the Tamil Nadu Apartment Ownership Act, Kumar said.
Redevelopment of apartment complexes older than 30 years is another issue. According to the new rules, a redevelopment project requires the consent of only two-thirds of the apartment owners.
Apartment residents highlighted that it is not necessary to redevelop structurally sound buildings, even if the structures are more than 30 years old. “The provision of two-thirds majority for redevelopment can be misused. The majority can force the remaining residents to go for redevelopment, regardless of the condition of the building,” said D Arulkumar, a resident of an apartment in Lakshmi Mills.
“If a building is well maintained, there is no point in forcing redevelopment in 30 years,” said RC Rajan, president of Jains West Hills Flat Owners Association in Udayampalayam. Flats in cities like Mumbai last for 50 years. Only then are they demolished.” ,
At present, many redevelopment projects have not started in the state, mainly due to lack of proper legal framework and differences of opinion among apartment owners. D Abhishek, vice-president of the district chapter of the Confederation of Real Estate Developers Association, said, “The two-thirds majority rule is beneficial in cases where a single occupant obstructs the redevelopment of a dilapidated building. It will be easier to take a decision on redevelopment. ” Of India.
Pointing out that in most of the apartment complexes more than 70% of the owners were non-residents, Kumar said there should be a provision to hold general body meetings online. “Internal disputes are one of the recurring problems in apartment communities. Therefore, there should also be a dispute resolution mechanism.”
Another controversial section relates to the management of dues. “If a member fails to pay the dues within the prescribed time limit, the Board of Management may take steps for recovery, including prosecution or withdrawal of services. However, there is no clarity on cut off services The Supreme Court has given this decision, Kumar said, essential services like electricity and water should not be cut.
When contacted, a senior official of the Housing and Urban Development Department said they are reviewing the practicality of implementing the rules and will address potential issues. “We will also release a FAQ soon.”
