If you own a flat in a Chennai building with four or more apartments, the Tamil Nadu Apartment Ownership Act, 2022 applies to you, and your District Registrar is the official who registers your association’s bye-laws and hears complaints against its office bearers. The Act came into force on 6 March 2024 and replaced the 1994 law, and its rules were issued on 24 September 2024, as law firm JSA has summarised.
Many older Chennai associations were registered as societies years ago and have carried on as before. The new law changes what they must file, how maintenance is shared and what happens when someone stops paying. Here is what matters for owners and committees.
Who is covered and who is in charge
The Act covers any building with four or more apartments, residential or commercial, according to the Act’s text. A person holding a flat on a lease of 30 years or more counts as an owner.
A gazette notification dated 24 September 2024 named the District Registrars of the Registration Department as the competent authorities under the Act, and the jurisdictional Deputy Inspectors General of Registration as appellate authorities. In Chennai, that means the District Registrar offices that also handle property registration matters for your area.
Declaration, bye-laws and registration
The legal sequence has three steps:
- Declaration. The promoter, or a majority of owners, files a declaration of the property with the competent authority within 90 days of the completion certificate. For buildings that already existed when the Act began, the window was 180 days from commencement. A defective declaration is returned with the defects marked and must be refiled within 30 days.
- Bye-laws. Once the declaration is accepted, a majority of owners frame bye-laws and submit them for registration. They must cover the board of managers, meetings and quorum, the president’s role, maintenance and repairs, and how expenses are collected.
- Association. The association legally comes into being when the bye-laws are registered.
Where a single association already runs a building, the Act treats it as the association under the new law, and rules and bye-laws made earlier continue until replaced. Large gated communities in places like Perungudi or Siruseri with several phases form a federation for shared areas. The rules also provide for a web portal for filings; ask the District Registrar’s office which forms and fees currently apply before you file.
How maintenance is shared
This is where most disputes start. Under the Act, every owner holds an undivided share in common areas in proportion to the carpet area of their flat. Common expenses are charged in that same proportion, not equally per flat. A 1,400 sq ft three-bedroom unit therefore pays more than a 700 sq ft one-bedroom, unless your bye-laws lawfully set out another method within the Act.
Other points owners often miss:
- You must pay your share even if you never use the gym, pool or lift.
- If you rent out your flat, the association can recover dues from the tenant.
- Building insurance premiums are a common expense.
- Accounts must be audited and filed with the competent authority.
When someone does not pay
Late payments carry interest at the rate prescribed under the rules. Unpaid common expenses become a charge on the flat itself, ranking after government dues, local body taxes and mortgage claims. The association, or any aggrieved owner, can go to court to recover the money, claim damages or seek an injunction.
The dues also follow the flat when it is sold. A buyer is jointly liable with the seller for unpaid maintenance up to the date of sale, but can ask the association for a statement of dues and is liable only for what that statement shows. Anyone buying a resale flat in Chennai should insist on one before registration.
Cutting off water or electricity to a defaulter is not a remedy the Act provides. Committees that do so risk legal trouble of their own.
Complaints against the committee
If the board of managers fails in its duties, such as not holding meetings, not producing accounts or ignoring repairs, an owner or the association can complain to the District Registrar. The competent authority can issue directions, serve show-cause notices to remove a manager, or supersede the board and appoint an administrator for up to six months at a time, to a maximum of three years. Breaking the Act, its rules or the bye-laws can bring a fine of up to ₹1 lakh on conviction, plus up to ₹500 for each day the breach continues.
Appeals against certain orders, including on declarations, go to the appellate authority within 30 days. JSA notes the Act does not set up a forum for disputes between individual owners, such as a leaking bathroom above yours. Those still go to civil court or mediation.
Quick answers
Does the Act apply to a four-flat building?
Yes. It covers any building with four or more apartments.
Is maintenance charged equally per flat?
The Act links common expenses to each owner’s undivided share, which follows carpet area.
Where do I complain about my association?
To the District Registrar, who is the competent authority under the Act.
Will I inherit the seller’s unpaid dues?
Only up to the amount in the association’s statement of dues, which you should get before buying.
This is general information, not legal advice; consult a lawyer for a specific dispute.
Information checked against official sources on 18 October 2026. Fees, dates and rules can change; confirm on the linked official pages before acting.
Sources
- The Tamil Nadu Apartment Ownership Act, 2022 (India Code)
- Tamil Nadu Government Gazette Extraordinary No. 304, 24 September 2024: competent and appellate authorities (Stationery and Printing Department)
- The overhaul of the law relating to apartment ownership in Tamil Nadu (JSA Advocates and Solicitors)
