S.1 Short title, extent and commencement

       (1) This Act may be called the Tamil Nadu Apartment Ownership Act, 1994.
       (2) It extends to the whole of the State of Tamil Nadu.
       (3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different areas.

S.2 Application of this Act

       This Act shall apply to every apartment in a building constructed whether before or after the date of commencement of this Act :
       Provided that such building shall contain five or more apartments or three or more floors and construction of such building has been made in accordance with a planning permit and also a building plan duly sanctioned by the appropriate authority Concerned under the relevant law for the time being in force.

S.3 Definitions

       In this Act, unless the context otherwise requires,--
       (a) "apartment" means a part of property intended for any type of independent use including one or more floors or enclosed spaces located in one or more floors (or part or parts thereof) in a building, intended to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for other type of independent use and with a direct exit to a public street, road, or highway or to a common area leading to such street, road or highway.
       Explanation.-- For the purpose of this clause, an apartment shall be deemed to be intended for independent use notwithstanding that provisions for sanitary, washing, bathing or other conveniences have been made as common for two or more apartments ;
       (b) "apartment nu

S.4 Apartment to be heritable and transferable

Each apartment together with the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment shall, for all purposes, constitute heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities of such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immovable property or make a bequeath of the same under the laws applicable to the transfer and succession of immovable property.

S.5 Ownership of apartments

Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the Deed of Apartment executed and registered in accordance with the provisions of the Act.

S.6 Common areas and facilities

       (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage specified in the Deed of Apartment and the limited common areas and facilities. Such percentage shall be computed by taking as the basis the extent of the plinth area available in the apartment in relation to the total extent of the plinth area available in the building.
       (2) The percentage of the undivided interest of each apartment owner in the common areas and facilities, and in the limited common areas and facilities, if any, as expressed in the Deed of Apartment shall have a permanent character, and shall not be altered without the consent of all the apartment owners. The percentage of the undivided interest in such common areas and facilities and the limited common areas and facilities shall not be separated from the apartment to which it appertains, and sha

S.7 Compliance with covenants, bye-laws and administrative provisions

       (1) Every apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment in relation to his apartment.
       (2) Where any apartment owner fails to comply with any of the bye-laws or covenants, conditions and restrictions referred to in sub-section (1) such failure shall be a ground for an action against such apartment owner to recover sums due, for damages or injunctive reliefer both maintainable by the society or the Association of Apartment owners or, in a proper case, by the aggrieved apartment owner.

S.8 Certain works prohibited

No apartment owner shall do any work or put the apartment to any other use which would jeopardise the soundness or safety of the property, reduce the value thereof or impair any easement or heriditament nor shall any apartment owner add any material structure or excavate any additional basement or cellar without previously obtaining the unanimous consent of all the other apartment owners.

S.9 Charges and encumbrances against apartments, extinguishment of charge and removal from encumbrances and effect of part payment

       (1) Subsequent to the execution and registration of the Deed of Apartment no charge or encumbrance of any nature shall be created or be effective against the property and any charge or encumbrance may be created only against each apartment and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment in the same manner and under the same conditions in every respect as charge or encumbrance may be created upon or against upon or against any other separate parcel of property subject to individual ownership :
       Provided that if any charge or encumbrance has been created against such apartment and the percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment no apartment and no such percentage of undivided interest shall be partitioned or sub

S.10 Contents of Deed of Apartment

       (1) The deed of Apartment shall contain the following particulars, namely :--
       (a) description of the land on which the building and improvements are located : and whether the land is freehold or leasehold ; and if leasehold, the period of such lease ;
       (b) description of the building stating the number of storeys and basements, the number of apartments and the principal materials to which it is or is to be constructed ;
       (c) the apartment number of each apartment and a statement of its location, approximate plinth area, number of rooms and immediate common area to which it has access, and any other particulars necessary for its proper identification ;
       (d) description of the common areas and facilities and the percentage of undivided interest appertain

Legal Commentary on Section 10 of the Tamil Nadu Apartment Ownership Act, 1994

Introduction

Section 10 of the Tamil Nadu Apartment Ownership Act, 1994, primarily deals with the contents and registration of the deed of apartment. It establishes the legal framework for documenting ownership rights in apartment properties, ensuring clarity and enforceability of ownership claims.

What does Section 10 Say

Section 10 specifies the particulars that must be included in the deed of an apartment. It mandates that the deed should contain essential details regarding the apartment, the common areas, and the rights and obligations of the owners. It also emphasizes that the deed must be registered to be legally valid.

Essential Ingredients

• Particulars of the apartment and the undivided share in the common areas.
• Details of the boundaries and location.
• Rights and liabilities of the apartment owner.
• Declaration of the common areas and facilities.
• The deed must be executed and registered as per legal requirements.

Scope of Section

This section applies to all apartment owners within a project, ensuring that each deed accurately reflects ownership and rights. It aims to facilitate clear transfer of ownership, prevent disputes, and establish a legal record of ownership rights.

Punishment for Section

The section does not explicitly specify penalties for non-compliance. However, failure to register the deed or include necessary particulars can render the ownership claim invalid or subject to legal challenges, potentially resulting in legal consequences under general property laws.

Legal Comments

• Registration Requirement - Section 10 mandates that the deed of an apartment must be registered, ensuring legal enforceability of ownership rights [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Contents of Deed - The deed should include specific particulars such as the apartment details, undivided share, and common areas, providing clarity on ownership and rights [Source: ""].
• Purpose of Registration - Registration acts as a public record, preventing disputes over ownership and facilitating smooth transfer of property rights [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Legal Validity - Without registration, the deed may be considered invalid, affecting the owner’s ability to claim rights or transfer ownership legally [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Role of Competent Authority - The section mentions the filing of the deed with a competent authority; however, no specific authority has been notified, indicating a gap in implementation [Source: ""].
• Implication of Non-Registration - Non-registration can lead to the deed being inadmissible as evidence in a court of law, risking loss of ownership rights [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Legal Disputes - Disputes often arise from incomplete or unregistered deeds, underscoring the importance of compliance with Section 10 [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Relevance in Property Transactions - Proper documentation under Section 10 is crucial during sale, inheritance, or mortgage of apartments to establish clear ownership [Source: ""].
• Comparison with Modern Legislation - The 2022 amendments and repeals aim to streamline registration procedures, although Section 10 remains foundational [Source: "Insights on the Tamil Nadu Apartment Ownership Act, 2022"].
• Enforcement Challenges - Lack of notified authorities for filing deeds under Section 10 may hinder enforcement and registration processes [Source: ""].
• Legal Certainty - Proper adherence to Section 10 ensures legal certainty for owners, developers, and authorities, reducing potential litigation [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Impact on Redevelopment and Transfer - Accurate deeds facilitate redevelopment projects and smooth transfer of ownership rights [Source: "TN law pushes for redeveloping old apartments"].
• Role in Dispute Resolution - Clear, registered deeds serve as primary evidence in resolving ownership disputes in courts [Source: "Rayala Tower Owners Association, VS Vira Properties (P) Ltd. & Another"].
• Implication for Apartment Associations - Associations rely on registered deeds to assert rights and manage common areas effectively [Source: "Judgment :- M.CHOCKALINGAM, J."].
• Legal Framework for Deed Content - The section provides a legal framework that safeguards the interests of all parties involved in apartment ownership [Source: "Section 10"].
• Potential Reforms - The ongoing legislative reforms aim to address procedural gaps, such as notification of authorities and digital registration [Source: "Insights on the Tamil Nadu Apartment Ownership Act, 2022"].

Note: The analysis synthesizes information from the provided sources, focusing on legal principles and judicial interpretations related to Section 10 of the Tamil Nadu Apartment Ownership Act, 1994.

S.11 Deed of Apartment and copy of Floor Plan to be registered

       (1) The Deed of Apartment and every endorsement thereon relating to the transfer of the apartment and the Floor Plan of the building shall be registered under the Registration Act, 1908 (Central Act XVI of 1908) and for purposes of the said Act, the said documents shall be deemed to be documents of which registration is compulsory.
       (2) The Sub-Registrar shall register the Deed of Apartment along with the Floor Plan of the building in the Register Books kept under Section 51 of the Registration Act, 1908 (Central Act XVI of 1908) and shall also enter particulars in the Indices made under Section 55 of the said Act.
       (3) Whenever any endorsement on a Deed of Apartment is registered, the Sub-Registrar concerned shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the copy of

Legal Commentary on Section 11 of the Tamil Nadu Apartment Ownership Act, 1994

Introduction

Section 11 of the Tamil Nadu Apartment Ownership Act, 1994, delineates the requirements concerning the deed of apartment, including its registration and the essential particulars it must contain. It is a crucial provision ensuring the formalization and legal validity of ownership rights in apartment complexes.

What does Section 11 Say

Section 11 mandates that every deed of apartment, along with a copy of the floor plan, must be registered. It specifies the particulars that the deed should include to establish clear ownership and rights over the apartment and common areas.

Essential Ingredients

• Registration: The deed of apartment must be registered to be legally effective [Section 11, Tamil Nadu Apartment Ownership Act, 1994].
• Contents of the Deed: The deed should specify details such as the apartment number, description, size, and the percentage of undivided interest in common areas [Section 10 & 11].
• Floor Plan: A copy of the floor plan must accompany the deed, depicting the layout and boundaries of the apartment.
• Particulars to be Included: Specific particulars like boundaries, measurements, and interest in common areas are mandated [Section 10].

Scope of Section

• Ensures legal recognition of ownership rights through registration.
• Clarifies the extent of individual and common property rights.
• Facilitates transparency and enforceability of ownership and transfer.
• Applies to all apartments constructed under the Act, ensuring uniformity in documentation.

Punishment for Section

While Section 11 primarily deals with registration, failure to comply may lead to:- The deed being deemed invalid or void.- Possible legal disputes over ownership.- Penalties for non-registration as per general property laws, though specific penalties are not explicitly prescribed in Section 11.

Legal Comments

• Registration Requirement - The registration of the deed of apartment is mandatory for its validity, ensuring enforceability of ownership rights [Section 11, Tamil Nadu Apartment Ownership Act, 1994].
• Particulars to be Registered - The deed must contain comprehensive details including description, boundaries, and interest in common areas, which promotes transparency and clarity in ownership [Section 10 & 11].
• Inclusion of Floor Plan - A copy of the floor plan is required to accurately depict the apartment layout, aiding in avoiding disputes over boundaries or specifications [Section 11].
• Legal Validity - Non-registration of the deed renders the ownership rights vulnerable and may affect subsequent transfer or mortgage transactions [Section 11].
• Role of Registration - Acts as conclusive proof of ownership, essential for establishing rights in courts or for future dealings [Section 11].
• Protection of Owners’ Rights - Proper registration under Section 11 protects owners from fraudulent claims and encroachments.
• Uniformity in Documentation - The prescribed particulars standardize documentation, simplifying legal processes related to transfer, inheritance, or mortgage.
• Relation with Other Provisions - Section 11 works in tandem with Section 10, which specifies the particulars, and with rules governing the registration process under the Act.
• Impact on Disputes - Proper compliance minimizes legal disputes over ownership or boundary issues.
• Implication for Developers and Allottees - Developers must ensure registration of the deed with all required particulars to secure enforceable rights for allottees.
• Legal Precedents - Courts have consistently upheld the importance of registration as per Section 11 for validating ownership rights in apartment complexes [General property law principles].
• Amendments and Repeals - The provisions of the Act, including Section 11, have been subject to amendments, reflecting evolving legal standards for property registration.
• Relation to Rules - Tamil Nadu Apartment Ownership Rules, 1997, further elaborate on registration procedures and particulars to be included.
• Relevance Post-Repeal of 1994 Act - The 2022 Act repealed the 1994 Act, but the principles of registration and detailed documentation remain central to apartment ownership laws.
• Legal Certainty - Registration under Section 11 provides legal certainty, essential for smooth transfer and management of apartment rights.
• Enforcement - Authorities are empowered to enforce registration requirements, ensuring compliance and legal integrity.

Note: The analysis is based on the provided sources and general legal principles, emphasizing the importance of Section 11 in establishing valid, enforceable apartment ownership rights through proper registration and detailed documentation.

Legal Comments Summary

• "Registration" - Mandatory for validity and enforceability of apartment deeds [Section 11].
• "Contents" - Must include detailed particulars like boundaries, measurements, and interest in common areas [Section 10 & 11].
• "Floor Plan" - Essential for depicting layout, preventing boundary disputes [Section 11].
• "Validity" - Unregistered deeds are invalid, risking ownership disputes [Section 11].
• "Proof" - Registration provides conclusive proof of ownership [Section 11].
• "Protection" - Proper registration safeguards owners from fraud [Section 11].
• "Standardization" - Ensures uniformity in ownership documentation [Section 10 & 11].
• "Legal Disputes" - Proper compliance minimizes disputes [Section 11].
• "Developer's Obligation" - Must ensure registration with all particulars for enforceability [Section 11].
• "Legal Precedents" - Courts uphold registration importance in property disputes [General principles].
• "Post-Repeal" - Principles of registration remain relevant under new legislation [2022 Act].
• "Legal Certainty" - Registration underpins clear ownership rights [Section 11].
• "Enforcement" - Authorities mandated to ensure registration compliance [Section 11].

This concise commentary highlights the critical role of Section 11 in the legal framework governing apartment ownership in Tamil Nadu.

S.12 Society or Association of Apartment Owner

As soon as the Deeds of Apartments are executed and registered under Sections 5 and 11 but not later than three months from the date of such registration, the apartment owners shall form a society either registered under the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983), or under the Tamil Nadu Societies Registration Act 1975 (Tamil Nadu Act 27 of 1975), or an Association of Apartment owners, with the object to maintain all common areas and facilities and the limited common areas and facilities, to provide such amenities as may be necessary in the common interest of all the apartment owners and to do such other things as may be considered incidental or conducive to the attainment of the objects specified in the bye-laws.

S.13 Bye-laws

       (1) The administration of every property shall be governed by the bye-laws, a true copy of which shall be filed with the competent authority. No amendment of the bye-laws shall be valid unless a copy thereof is duly filed with the competent authority. Amendment of the bye-laws shall take effect from the date, if any, specified in the amendment. Where no such date is specified the amendment shall take effect from the date on which a copy of it is filed with the competent authority.
       (2) The bye-laws shall provide for the following matters, namely :--
       (a) the percentage of the votes which shall constitute the quorum ;
       (b) the maintenance, repairs and replacement of the common areas and facilities and the limited common areas and facilities and payment therefor ;
     &

S.14 Co-operative Societies Act and the Societies Registration Act to apply with modification

       (1) Notwithstanding anything contained in the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) or the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) the minimum number of members required for forming a society for the purpose of this act shall be five.
       (2) In relation to the application of this Act to any society if any provision contained in this act is repugnant to any of the provisions contained in the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) or the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) or the rules made thereunder the provisions of this Act shall prevail and the provisions of the said Tamil Nadu Co-operative Societies Act the said Tamil Nadu Societies Registration Act or the rules made thereunder shall, to the extent of repugnancy be of no effect.

S.15 Insurance

       Without prejudice to the right of each apartment owner to insure his own apartment for his benefit the society or the Association of Apartment owners shall if so required, by the by-laws or by a majority of the apartment owners, insure the property against fire, flood, cyclone and such other hazards under such terms and for such accounts as shall be required. The policy of insurance shall be written on the property in the name of the society or the Association of Apartment owners as trustee for each of the apartment owner in the percentage specified in the Deed of Apartment and the premium payable under such policy of insurance shall be common expenses.

S.16 Disposition of property on destruction or damage

       Where in the event of the property either in the entirety or in part being damaged or destroyed and the society or the Association of Apartment owners has not undertaken to repair, reconstruct or rebuild within a period of ninety days or such further period as may be specified by the competent authority from the date of damage or destruction,--
       (a) the property shall be deemed to be owned in common by all the apartment owners in the same percentage as the percentages of the undivided interest specified in the Deed of Apartment ;
       (b) the undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities and the limited common areas and facilities ;
       (c

S.17 Action by Society or Association of Apartment owners on behalf of the apartment owners

Without limiting the rights of any apartment owner, action may be brought by the society or the Association of Apartment owners on behalf of any apartment owner as his respective interest may appear; with respect to any cause of action relating to the common areas and facilities and the limited common areas and facilities of more than one apartment.

S.18 Right of Society or Association of Apartment owners to maintain, repair and replace any of the common areas and facilities, etc.

The society or the Association of Apartment owners shall have the irrevocable right to be exercised by its secretary or by any other person authorised in this behalf by the committee to have access to every apartment from time to time during reasonable hours as may be necessary for the maintenance, repairs and replacement of any of the common areas and facilities and the limited common areas and facilities therein or accessible from such apartment, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities and the limited common areas and facilities or to another apartment or apartments.

Legal Commentary on Section 18 of the Tamil Nadu Apartment Ownership Act, 1994

Introduction

Section 18 of the Tamil Nadu Apartment Ownership Act, 1994, plays a crucial role in empowering the association or society of apartment owners to maintain, repair, and replace common areas and facilities, thereby ensuring proper management and upkeep of multi-unit residential complexes. This provision aligns with the broader objective of the Act to regulate ownership rights, facilitate maintenance, and promote harmonious living among apartment owners.

What does Section 18 Say?

Section 18 grants the Society or Association of Apartment Owners the irrevocable right to maintain, repair, and replace any of the common areas and facilities. This includes access rights during reasonable hours for maintenance and emergency repairs, ensuring the upkeep of shared amenities such as lobbies, staircases, water supply, sewerage, and other facilities essential to the property's integrity and safety.

Essential Ingredients

• The existence of a Society or Association of Apartment Owners duly formed and registered.
• The right to maintain, repair, and replace common areas and facilities.
• Authority to access individual apartments for maintenance, repair, or emergency purposes.
• The right to take action on behalf of all apartment owners regarding common property issues.
• No partition or division of common areas is permissible, preserving their undivided nature.

Scope of Section 18

Section 18 applies universally to all common areas and facilities within an apartment complex, including structural elements, utility connections, and shared amenities. It empowers the Society or Association to act in the collective interest, ensuring the property's soundness and value. The scope also covers the authority to undertake repairs, replacements, and maintenance without requiring individual owner consent for each action, provided the procedures are followed.

Punishment for Violations

The Act does not specify explicit penal provisions for breach of Section 18. However, violations such as unauthorized alterations, obstruction of access, or refusal to permit maintenance can lead to legal actions, including injunctions, damages, or criminal proceedings under relevant provisions of the Act or general law for obstructing or damaging common property.

Legal Comments

• Empowerment of Society/Association - Section 18 solidifies the legal authority of the Society or Association to manage common areas, ensuring collective responsibility and accountability. [Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Access Rights - The provision grants the Society the irrevocable right to access apartments for maintenance and emergency repairs, safeguarding the property's integrity. [Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Protection of Common Areas - It prevents individual owners from obstructing or damaging common facilities, maintaining the structural and functional integrity of the complex. [Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• No Partition of Common Areas - The clause clarifies that common areas cannot be partitioned or divided, preserving their undivided nature for all owners. [Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Relation with Bye-laws - The Society's powers under Section 18 are subject to the Bye-laws, which may specify procedures for maintenance and repairs. [Section 13 & 18, Tamil Nadu Apartment Ownership Act, 1994]
• Legal Recourse for Breach - Owners or the Society can seek legal remedies, including injunctions or damages, if the rights under Section 18 are violated. [General Law & Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Interplay with Other Sections - Section 18 works in tandem with Sections 12 and 13, emphasizing the importance of registered Bye-laws and Society formation for effective management. [Sections 12, 13 & 18, Tamil Nadu Apartment Ownership Act, 1994]
• Protection Against Unauthorized Alterations - The Society can prevent unauthorized modifications that impair common facilities, ensuring compliance with the Act. [Section 8, Tamil Nadu Apartment Ownership Act, 1994]
• Relevance in Disputes - Section 18 is often invoked in disputes over maintenance, repairs, or unauthorized use of common areas, serving as a key legal tool. [Case Laws & Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Scope for Enforcement - The Society or Association can take civil or criminal action against owners obstructing maintenance or damaging common property. [Legal Remedies & Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Protection of Property Value - Ensuring proper maintenance under Section 18 helps preserve or enhance the value of individual apartments and the entire complex. [Principles of Property Law & Section 18]
• Procedural Aspects - The Society must follow the bye-laws and proper procedures for repairs and maintenance, including notices and approvals where applicable. [Section 13 & 18, Tamil Nadu Apartment Ownership Act, 1994]
• Legal Recognition of Maintenance Rights - Section 18 affirms the Society’s statutory authority, reinforcing the legal obligation of owners to contribute towards maintenance. [Section 18, Tamil Nadu Apartment Ownership Act, 1994]
• Implication for Unauthorized Actions - Unauthorized repairs, encroachments, or obstruction of access can be restrained through legal proceedings based on Section 18 rights. [Judicial Decisions & Section 18]
• Reinforcement of Collective Management - The provision promotes collective management of property, reducing individual disputes and ensuring systematic upkeep. [Policy Objectives & Section 18]

In summary, Section 18 of the Tamil Nadu Apartment Ownership Act, 1994, is a vital provision that consolidates the authority of the Society or Association to ensure the proper maintenance, repair, and management of common areas, thus safeguarding the property's value, safety, and harmonious living environment. Its effective implementation is fundamental to the smooth functioning of apartment complexes in Tamil Nadu.

**- [Section 18, Tamil Nadu Apartment Ownership Act, 1994]- [Sections 12 & 13, Tamil Nadu Apartment Ownership Act, 1994]- [Case Laws & Judicial Interpretations]- [General Principles of Property & Co-ownership Law]

S.19 Common profits and expenses

       (1) The common profits shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities specified in the Deed of Apartment.
       (2) Every apartment owner shall, notwithstanding his waiver of the use or enjoyment of any of the common areas and facilities and the limited common areas and facilities or his abandonment of his apartment, be liable to be charged to the common expenses under sub-section (1).
       (3) Where the apartment owner is not in occupation of the apartment owned by him the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment.

S.20 Common expenses to be charged on property

       All sums assessed by the society or the Association of Apartment owners as the share of the common expenses chargeable to any apartment shall, subject to the prior claim, if any,--
       (i) of the Government in respect of land revenue or any money recoverable as land revenue,
       (ii) of any municipality or other local authority in respect of tax or other assessment, and
       (iii) of the mortgage, in respect of all sums unpaid, constitute a charge on such apartment.

S.21 Separate assessment

       Notwithstanding anything to the contrary contained in any law for the time being in force,--
       (a) each apartment and its percentage of undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment, shall be deemed to be separate property for the purpose of assessment to tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly ; and
       (b) the building, or the property or any of the common areas and facilities and the limited common areas and facilities shall not be assessed to any such tax separately.

S.22 Joint and several liability of vendor, etc., for unpaid common expenses

Where any apartment has been sold or otherwise transferred, the purchaser or the transferee, as the case may be of the apartment shall be jointly and severally liable with the vendor or the transferor for all unpaid assessments against the latter towards his share or the common expenses upto the time of sale or transfer without prejudice to the purchasers or transferees right to recover from the vendor or transferor, the amount, if any paid by the purchaser or transferee therefor. Any such purchaser or transferee shall be entitled to a statement from the society or the Association of Apartment owners setting forth the amount of the unpaid assessment against the vendor or transferor and such purchaser or transferee shall not be liable for, nor shall the apartment sold or transferred, be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale or transfer in excess of the amount set forth in such statement.

S.23 Act to be binding on apartment owners, tenants, etc.

       (1) All apartment owners, tenants of such owners, employees of apartment owners or tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder.
       (2) All agreements, decisions and determinations lawfully made by the society or the Association of Apartment owners, as the case may be, in accordance with the provisions of this Act or the bye-laws shall be deemed to be binding on all apartment owners.

S.24 Powers to exempt from stamp duty, registration fee and court-fees and power to refund

       (1) The Government may, by notification, reduce or remit, whether prospectively or retrospectively,--
       (a) the stamp duty with which, under any law for the time being in force, instruments or documents executed by or on behalf of or in favour of an apartment owner or the society or the Association of Apartment owners relating to any of the purposes of this Act are respectively chargeable ;
       (b) any fee payable under the law of registration or court-fees for the time being in force on instruments or documents executed by or an behalf of or in favour of an apartment owner or the society or the Association of Apartment owners, relating to any of the purposes of this Act.
       (2) Notwithstanding anything contained in any other law for the time being in force, the Government may refund the amount of any

S.25 Act to override other laws

       (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority.
       (2) Save as otherwise provided in sub-section (1), the provisions of this Act, shall be in addition to, and not in derogation of, any other law for the time being in force.

S.26 Removal of doubts

For the removal of doubts it is hereby declared that the provisions of the Transfer of Property Act, 1882 (Central Act IV of 1882) shall, in so far as they are not inconsistent with the provisions of this Act, apply to every apartment together with its undivided interest in the common areas and facilities and the limited common areas and facilities of such apartment as those provisions apply in relation to any immovable property and the provisions of this Act shall take effect notwithstanding anything to the contrary contained in any contract.

S.27 Power to make rules

       (1) The Government may make rules for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
       (a) the form of Deed of Apartment specified in Section 10 and the particulars to be mentioned therein ;
       (b) the matters to be provided in the bye-laws under sub-Section (2) of Section 13 ;
       (c) the collection of fees from the apartment owners by the society or the Association of Apartment owners which shall be payable to the competent authority towards administrative charges ;
       (d) any other matter which is required to be, or may be, prescribed.
     

S.28 Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty :
       Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.