Selva Arasu 05 October 2025

Violation of society byelaw and non compliance of tamil nadu apartment ownership rules, 2024

I am a flat owner in a residential society comprising 120 flats and previously served as a member of the Executive Committee. Three months ago, elections were held to appoint new office bearers. The Election Committee announced the results, including the Office Bearers, Executive Members, and Advisory Committee. However, the process and composition of the new committee have raised serious concerns: Violation of Society Byelaws: Four non-owners have been included in the Executive and Advisory Committees, which contravenes the society’s governing rules. Conflict of Interest: Both the first and second owners of the same flat have been appointed to key positions within the Office Bearers and Executive Committee. Non-compliance with Legal Framework: The current structure of the Executive Committee violates the Tamil Nadu Apartment Ownership Rules, 2024. Undue Influence: Some of the non-owner members are actively opposing legitimate repair requests for common areas and are attempting to shift blame onto the previous committee. Lack of Transparency: While elections were conducted only for the Office Bearers (President, Vice President, Secretary, Joint Secretary, and Treasurer), the Executive and Advisory Members were selected informally through self-nomination in a WhatsApp group. Inappropriate Access: Non-owners have been added to the Society Owners WhatsApp group, further blurring the lines of ownership and governance. Despite sending a formal request to the association to rectify these violations and ensure compliance with the Tamil Nadu Apartment Ownership Rules, 2024, I have received no response. The current Executive Committee appears indifferent to these concerns, and many flat owners remain silent due to professional commitments and lack of awareness. I seek guidance on the appropriate steps to uphold owners’ rights and restore lawful governance within the society. Selva

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T. Kalaiselvan, Advocate (Advocate) 05 October 2025

If non-owners (tenants, relatives, or others) have been made office-bearers, or if elections were not conducted as per the approved bye-laws, the RWA’s functioning is illegal and voidable under the Tamil Nadu Societies Registration Act, 1975 and its Rules.

You can make a formal Complaint to the District Registrar (Societies) stating that

No election was held as per bye-laws.

Non-members have been appointed illegally.

Mandatory filings (annual returns, Form VII listing office bearers) are false or not file.

You may attach

Copy of bye-laws (if available).

Evidence of illegal appointment (minutes, notices, correspondence, etc.).

Names of non-owners holding posts.

Request an inquiry under Sections 36–37 of the Tamil Nadu Societies Registration Act.

Submit it in person or via registered post and keep an acknowledgment.

If the Registrar’s office is unresponsive or the illegal committee continues to operate, you can:

File a civil suit for declaration and injunction before the jurisdictional District Munsif / Civil Court, seeking:

Declaration that the present office-bearers are not validly elected.

Mandatory injunction to hold a proper election as per bye-laws.

If the illegal committee misuses common funds or threatens residents:

You may lodge a police complaint for criminal breach of trust, misappropriation, or intimidation.

kavksatyanarayana (subregistrar/supdt.(retired)) 05 October 2025

If there was a violation of the rules followed in the new committee at the AGM, why did you or other members of the society not oppose it? Now you can file a complaint with proof against the committee to the Deputy/Jt. Registrar of Societies of your district.

Selva Arasu 05 October 2025

I opposed but the election committee ignored my messages shared in Society WhatsApp group.

Dr. J C Vashista (Advocate ) 06 October 2025

Issue legal notice followed by your complaint before cncerned Registrar through a local prudent lawyer.

Selva Arasu 27 October 2025

I have issued a legal notice challenging the inclusion of non-owners and multiple owners from the same flat in our housing association. Specifically, one flat has both its first and second owners serving as Treasurer and Executive Committee member, respectively.

In response, during the last General Body Meeting, the office bearers decided to conduct a flat-wise poll across all 120 flats to address the following two questions:

Should non-owners be allowed to be part of the association? (Yes / No)
Should multiple owners (e.g., first and second owners) from the same flat be allowed to simultaneously serve in the association? (Yes / No)

The society’s byelaws do not contain any provisions regarding these two points.

I anticipate that most members will vote “Yes” simply out of convenience or disinterest in association matters. The office bearers intend to use the polling results to respond to my legal notice and justify the continued inclusion of non-owners and multiple owners from the same flat.

I seek your recommendations on how best to proceed in light of this development.

Thanks in advance.

Selva Arasu T

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 December 2025

In Tamilnadu there is no law enforcement authority for apartment buildings. You will have to go to regular civil court only. God save you.

Joe Diaz 15 February 2026

Under Chapter-II of Rules -Tamil Nadu Apartment Ownership Rules, 2024 -Under section 30 of the Tamil Nadu Apartment Ownership Act, 2022 -Notification -Issued.
Definition of Member is as below:

MEMBER OF ASSOCIATION, VOTING&RESOLUTION
5.Members of the Association.-(1) Every person who owns an apartment in the project/property shall be a member of the Association and all members shall strictly adhere to these bye-laws.
(2)Where an apartment is owned by two or more persons, the person whose name stands first in the transfer deed of such apartment shall become member of the Association, unless such joint owners nominate one amongst them to be a member of association in respect of such apartment.

My question is lets say there is Husband and wife as co-owners and husbands name stands first in the deed, only Husband can be the Member of the Association and he can nominate wife to be the member. This limits the owners to be 100 if there are 100 units in the community. How do we extend this ownership to the any one of the siblings by nomination. Should we amend the by-laws to cater this? As the Registrar of Societies does not have a clear clarification to this in the model by-law.

Please advice.

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