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 shared common areas.

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 project. In the lease deed, the term “Common Land” has been defined as “the land comprising of roads, footpaths, open spaces, garden landscapes, club house including swimming pool or any facilities, internal roads, water tanks, supply networks and reservoirs, sewer networks and sewerage treatment plants, storm water drainage, electric poles etc., all the said property except specially leased to the lessees of Premium Villa, Deluxe Villa, Twin Homes and the buildings /apartments”.

2.2. The petitioner Society was registered under the Tamil Nadu Societies Registration Act, 1975 on 09.10.2017 in the name of “Aqualily Home Owners Association”. The society was established with the consent of the Developer and the perpetual lease holders of all the houses in the project “Aqualily” viz., 151 Villas and 422 apartments and they have became the members of the Soceity. It is also stated in the bye-laws of the petitioner society that perpetual lease holders of all future units that would be constructed by the Developer in the project “Aqualily” would become members of the petitioner. The petitioner executed a “Aqualily Common Area Maintenance Agreements” on 20.06.2018 and 30.11.2020 with the developer whereby the common areas and facilities of the project “Aqualily” was handed over to the petitioner by the Developer.

2.3. In the next stage, 196 apartments were constructed and leased to individuals in the year 2020 and these members were also became members of the petitioner association. The maintenance of the apartment buildings of these units were handed over to the petitioner by the developer vide Agreement dated 30.11.2020 and the developer is presently in the process of offering another 84 apartments on perpetual lease to individuals who are also required to become members of the petitioner Society and on completion of the project, the Developer is expected to handover those apartment buildings also to the petitioner for maintenance and once it is handed over, the project Aqualily would be comprising of 702 apartments and 151 villas together with common areas and facilities. It is stated that only for the purpose of convenience, 151 villas were referred to as “Phase 1” and 702 apartments were referred to as “Phase 2” and the petitioner has been collecting maintenance charges from all its members and maintaining the common area and facilities of the project for the past seven years. According to the petitioner, after the enactment of the Tamil Nadu Apartment Ownership Act, 2022 [in short “the Act”] and the Rules framed thereunder viz., the Tamil Nadu Apartment Ownership Rules, 2024 [in short “the said Rules”], on 29.04.2025, the petitioner submitted the Declaration vide Form A before the first respondent. A group of individuals in the name of Aqualily Phase 1 Villa Ow