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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Aqualily Home Owner's Association – Appellant
Versus
District Registrar (Administration) District Registrar Office Chengalpattu – Respondent
| Table of Content |
|---|
| 1. factual background of the aqualily project and its associations. (Para 2) |
| 2. dispute over association authority and common areas. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's assessment of existing rights and responsibilities. (Para 8 , 9 , 10 , 11 , 12) |
| 4. application of the tamil nadu apartment ownership act. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
ORDER :
N. SATHISH KUMAR, J.
The present writ petition has been filed to quash the order of the first respondent dated 29.04.2025 returning the declaration filed by the petitioner in Form A and consequently direct the first respondent to take Form A on file and process the same in accordance with law.
2. The brief facts of the case is as follows:
2.1 The Mahindra World City Developers Ltd., had developed a project in the name of “Aqualily” in multiple stages and upon completion of each stage, the same given on perpetual lease to various individuals by executing lease deed between various individuals and the Developer. The project Aqualily consists of Villas, Twin Homes and Apartments. There is a clause in the lease deed to the effect that lessees shall be entitled to use all common infrastructure and utilities of the projec
A single association suffices for a project under prior registration, but distinct associations are mandated by law for managing separate phases, emphasizing the necessity of forming a federation for....
Registered apartment owners' associations entitled to statutory handover of maintenance from promoter's agency under UP Apartment Act, 2010 S.14(5).
The maintenance charges in a condominium must be proportionate to the undivided interest of each apartment owner in common areas and facilities, as governed by the Apartment Act.
Acceptance of a Declaration under the West Bengal Apartment Ownership Act is invalid if made without proper notice to all concerned parties and adherence to statutory requirements.
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