Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires,— (a) apartment means a separate and self-contained part of any property, including one or more rooms or enclosed spaces, located in one or more floors or any part thereof in a building, used or intended to be used for residential or any commercial purpose, whether called block, chamber, dwelling unit, flat, office, showroom, shop, premises, suite, tenement, unit or by any other name; (b) apartment number means the number, letter, or combination thereof designating an apartment; (c) apartment owner means the person owning an apartment and includes a person who has taken an apartment on lease for a period of not less than thirty years; (d) appropriate authority means the local authority or any authority created or established under any law for the time being in force by the Central or State Government, for sanction of plan or issue of completion certificate for building; (e) association means the association of apartment owners, competent to contract in its own name and formed in accordance with the bye-laws; (f) building means a building containing four or more apartments comprised in a property; (g) bye-laws means the bye-laws of an association made as per section 6; (h) carpet area means the net usable floor area of an apartment excluding the area covered by the external walls, areas under services shafts, verandah area and open terrace area, but includes the area covered by the internal partition walls of the apartment; (i) common areas and facilities include,— (i) the stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of the project; (ii) the common basements, stilt, terraces, parks, play areas, open parking areas and common storage spaces; (iii) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staff or for the lodging of community service personnel; (iv) installations of central services such as electricity, gas, water and sanitation, airconditioning and incinerating, system for water conservation and renewable energy; (v) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use; (vi) all community facilities developed in the property; (vii) all other portion of the project necessary or convenient for its maintenance, safety, etc., and in common use including limited common areas and facilities; (j) common expenses means and includes,— (i) all sums assessed against the apartment owners by the association; (ii) expenses of administration, maintenance, repair or replacement of the common areas and facilities; (iii) legal expenses as may be incurred by the association for the enforcement of the claims of the society or apartment owners; (iv) expenses resolved as common expenses by the association; and (v) expenses declared as common expenses under this Act or the bye-laws; (k) common profit means the balance of all income, rents and other revenue from the common areas and facilities remaining, after deduction of the common expenses; (l) competent authority means an officer or authority notified by the Government as 'competent authority' for the purpose of this Act and may notify as many competent authorities, as they deem fit; (m) declaration means a declaration made under section 4; (n) development with all its grammatical variations and cognate expressions, means the development of immovable property, carrying out engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes re-development; (o) federation means the body formed by two or more societies or associations as per bye-laws; (p) Form means a Form appended to the Rule; (q) Government means the State Government; (r) limited common areas and facilities means those common areas and facilities which may be designated in the declaration as reserved for use of certain apartment owners to the exclusion of others, which may include car park space, balcony, verandah area, and open terrace area appertaining to the apartment; (s) local authority (i) any municipal corporation established under any law for the time being in force; or (ii) a municipal council constituted under the Tamil Nadu District Municipalities Act, 1920Tamil Nadu Act V of 1920 ; or (iii) a village panchayat constituted under the Tamil Nadu Panchayats Act, 1994 Tamil Nadu Act 21 of 1994: (t) plan means the plan for development of any project sanctioned by the appropriate authority. (u) “rescribed means prescribed by rules made under this Act; (v) project means the development of a building or an existing building or a part thereof; (w) promoter means,- (i) a person who builds, constructs, develops or causes to build, construct or develop a building or an existing building or a part thereof; or (ii) a development authority or any other public body in respect of a building developed by such authority or body, on lands owned by it or placed at its disposal by the Government; or (iii) a housing society which develops buildings for its members or in respect of the allottees of such buildings. Explanation.— For the purposes of this clause, in cases where the person who develops a building or an existing building into an apartment and the person who sells the apartment are different persons, both of them shall be deemed to be promoters; (x) property means any site area wherein projects are developed in one or multiple phases; (y) site area means the area of the entire parcel of land covered under the plan; (z) society means any association existing on the date of coming into force of this Act, representing the majority of apartment owners in a property registered under the Tamil Nadu Co-operative Societies Act, 1983Tamil Nadu Act 30 of 1983 or the Tamil Nadu Societies Registration Act, 1975Tamil Nadu Act 27 of 1975; (aa) subsequent apartment owner means any person acquiring an apartment by way of purchase or by way of lease for a period of not less than thirty years or by inheritance from an apartment owner.