Tamilnadu flat owners association registration

Nathan (Querist) 05 July 2024 This query is : Resolved
Hello Expert,

We are owners of an existing flats of 9 and 4 shops in the main road, in chennai.

We r 4 owners living abroad and majority of owners interested in forming association but not interested in taking over any roles.

Can the foreign owners take any executive committee roles like president, secretary or treasurer.

Does all the members including committee has to sign the same form or a copy of members signed forms can be signed by foreign member and notarized, and can be submitted to inspector of societies?

The society registration portal doesn’t confirm whether MOA or Byelaws need to be printed in the non judiciary stamp paper.

Would be nice if some one answer the queries.

Regards
Nathan

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Quick Summary

This discussion addresses the registration of a flat owners association in Tamil Nadu, particularly when some owners reside abroad. While forming an association requires at least seven members, foreign owners can potentially hold executive committee roles like president or secretary, especially with the advent of online meetings. The registration process involves submitting a Memorandum of Association and bylaws to the Registrar of Societies, with specific guidance on stamp paper and member signatures needing clarification, possibly best sought from a local legal professional.

T. Kalaiselvan, Advocate (Expert) 05 July 2024
This involves practical procedures to be followed and it will not be easy to understand them through such forums.
Hence you can consult a local advocate and engage the services for getting your task completed in a proper and legal manner

kavksatyanarayana (Expert) 05 July 2024
Apartment owner's associations can be registered under the Tamil Nadu Societies Registration Act, 1975. At least five to seven persons shall be necessary to form the association. The registration form contains a Memorandum and rules to bylaws. Foreign owners, cannot attend the Executive meetings every quarter and once a year at the Annual General Body meeting. It is your choice. It should be registered before the Registrar of Societies of the district.

P. Venu (Expert) 23 July 2024
Now that online meetings are possible, there is nothing that prevents the overseas owners from taking up executive positions.

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