Why Every Apartment Must Register Its Association Under TNAOA, 2022 — A Legal Necessity for Homeowners in Tamil Nadu

Apartment living in Tamil Nadu is growing rapidly, and with it comes the need for strong community governance. Under the Tamil Nadu Apartment Ownership Act, 2022 (TNAOA 2022), forming and registering an Apartment Owners’ Association (AOA) is not optional—it is a statutory requirement.

Section 7 of TNAOA, 2022 makes AOA registration compulsory, granting your community legal recognition and the authority needed to protect the rights of every flat owner. Below are the three major legal advantages of registering your apartment under the TNAOA, 2022.

1. Legal Recognition and Authority Under TNAOA, 2022

A registered AOA becomes a legal entity with the power to represent all apartment owners collectively.

✔ Power to file cases

Only a registered Apartment Owners’ Association can take legal action as a single plaintiff against the builder for issues such as project delays, construction defects, poor maintenance, or violations of the sale agreement.

✔ Authority to sign and enforce contracts

A registered AOA can legally enter into agreements with service providers for security, housekeeping, waste management, lift maintenance, and other essential services—ensuring accountability and uninterrupted operations.

2. Enforceable By-Laws That Bind All Residents

The By-laws of a registered association function as the community’s rulebook. Under Section 9 of TNAOA, 2022, these By-laws are mandatory for all owners, tenants, and residents.

✔ Mandatory compliance

Owners must follow the AOA’s By-laws. The association can initiate action against residents who violate rules or refuse to cooperate.

✔ Common charges and penalties

The By-laws explain how common expenses, maintenance charges, and sinking fund contributions are calculated. The AOA also has the authority to levy penalties or pursue legal action against defaulters.

✔ Community discipline and safety

From parking allocation to preventing structural alterations and nuisance activities, a registered AOA can enforce rules that ensure peaceful and lawful living.

3. Protection of Common Areas, Assets, and Community Funds

Registering an AOA does more than fulfil a legal requirement—it protects shared assets and ensures transparency.

✔ Ownership and control of common areas

Upon registration, common areas such as land, corridors, clubhouse, STP, electrical rooms, and other shared facilities are formally vested in the association. This prevents the builder from retaining, misusing, or illegally selling common spaces after handover.

✔ Transparency and fiduciary responsibility

The elected Management Committee carries a fiduciary duty to:

• Maintain accounts and records

• Ensure transparent handling of maintenance funds

• Prepare annual budgets

• Conduct yearly audits as mandated by law

This builds trust and financial discipline within the community.

Conclusion: Registration Under TNAOA, 2022 Is Not Optional—It’s Essential

In Tamil Nadu, only a registered Apartment Owners’ Association under TNAOA, 2022 has the legal power to:

• Represent homeowners

• Enforce by-laws

• Protect common areas

• Manage community funds

• Take action against builders or violators

If you want a safe, well-governed, and legally protected community, registering your AOA is the first and most crucial step.

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