CHENNAI: A framework for redevelopment of 30-year-old buildings, stalled due to resistance from a small number of residents, has been provided with the introduction of rules by the housing and urban development department on Sept 24. This strenthens the Tamil Nadu Apartment Ownership Act which came into effect on March 6.
As per the rules, apartment owners must establish an association, create by e-laws and register the association, with at least four apartment owners required to form an association. Each association shall have a board of managers, and in the case of multiple towers on a property, the associations can form a federation, with the president and treasurer of each association servingas members.
“Resolution is must for redevelopment. The board of managers either suo motu or on request from one-fourth of apartment owners shall convene a special general meeting and pursuant to the resolution passed, the association with the consent, in writing, of not less than two-thirds of apartment owners of the project, shall intimate the chief planner, area plan unit of Chennai Metropolitan Development Authority or the local planning authority, about the decision taken for redevelopment of the project,” said a housing and urban development official.
The association must notify all apartment owners in writing within ten days of submitting the decision. If any apartment owner is dissatisfied with the manner in which consent for redevelopment was obtained, he/she may file an objection with the relevant authority within 30 days.
If the authority is not satisfied with the manner in which consent for redevelopment was obtained, i t will issue necessary directions to the association. If due process has been followed, the objection will be rejected. “However, if the appropriate authority has certified that the building is in ruinous condition or it may endanger the lives of the occupants or any other person, the association shall convene a meeting and pass a resolution for engaging a promoter/ consultant for preparation of a detailed redevelopment report and to submit the same to the association for approval.”
The report should include details such as carpet area, alternative accommodation or rent payment, security deposit, vacant area, garden, parking, building specifications, common areas, recreation facilities and amenities to be provided to the apartment owners, required approvals/permissions from all statutory bodies, time limit for completion of the redevelopment project, and other necessary matters.
The association must then obtain written consent from at least two thirds of the apartment owners and enter into an agreement with the promoter and submit redevelopment scheme to the authority within 30 days of execution.
S Ramprabhu, CMDA and DTCP committee chairman, Builders Association of India (BAI), said, “This is useful to understand how to run an association. Redevelopment is an issue across the state and these rules have clear directions on how to carry it out.”thorities are required to create an online system for submitting applications.
