Legislation Subsidiary Agreements Case Law Conventions Articles

Links

APARTMENT OWNERSHIP

APARTMENT OWNERSHIP
A LAW TO, PROVIDE FOR THE REGISTRATION OF TITLES RELATING TO CONDOMINIUM PARCELS IN
BUILDINGS , THE SUBDIVISION AND AMALGAMATION OF THE BUILDING INTO CONDOMINIUM
PARCELS WITH COMMON ELEMENTS APPURTENANT THERETO, TO ENABLE THE SEPARATE
OWNERSHIP OF AND DISPOSITION OF TITLES TO SUCH PARCELS, AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERE TO:
Law Nos,
11 of 1973

Act Nos,
45 of 1982

4 of 1999

27 of 2002

39 of 2003

[20th March
, 1973 ]
short title. 1. This Law may be cited as the Apartment Ownership Law.
Application 2. The Law shall apply to any building-
of Law.
(a) erected on alienated land held as one Sand parcel
and capable of being subdivided into parcels
[ 3,45 of 1982] (hereinafter referred to as “Condominium Property”) ;
(b) proposed to be erected on alienated land held as
[ 3,39 of 2003]

one land parcel and capable of being subdivided into

parcels (hereinafter referred to as ‘”Provisional
Condominium Property”) ;
(c) partly erected on alienated land held as one land
parcel, on which there are more than one completed
condominium parcels fit for human habitation
(hereinafter referred to as “Semi Condominium
Property”) .
 Registration 3.
© Copyright 2016. Ministry of Justice - Sri Lanka. All Rights Reserved
of a (1) The
Developed by Lanka Logistics & Technologies Ltd. - Ministry of Defence owner of any Condominium Property any
    
Condominium
Provisional Condominium property or any semi
Plan
Condominium Property as the case may be,’ may make
Provisional
application in the prescribed form to the Registrar
Condominium
with the prescribed fee for the registration of a
Plan or a semi
Condominium Plan, or a Provisional plan ‘
Condominium
Condominium Plan or a semi Condominium Plan as the
Plan .
case may be.
(2) The owner of any land parcel on which there is a
completed building capable of being subdivided under
[ 4,4 of 1999]

[ 4,39 of 2003]
section 2 and which is certified by the General
Manager of the Condominium Management Authority
, to be fit for occupation or use shall, make application
within the period specified in paragraph (a) or (b) as
the case may be , in the prescribed form with the
prescribed fee to the Registrar, for the registration of
a Condominium Plan which shall accompany such
application, if at any time he has sold or in agreement
to sell-
(a) within eighteen months from the date of
such first sale or in agreement to sell or three
months from the date of the completion of
such building whichever is earlier ;
(b) within six months from the date of
completion of such building, if the sale or
agreement to sell of any parcel of the
building, of which the first of such sale or
agreement to sell took place, after the date of
completion of such building.

(3)
(a) The owner shall make an application to the
General Manager of the Condominium
Management Authority, to obtain an
extension of the time period specified under
subsection (2).
(b) Where an application is made under
paragraph (a) by the owner to the General
Manager by the Condominium Management
Authority may, in consultation of the
Registrar grant an extension for a further
period not exceeding six months.

(4) Any person who contravenes the provisions of

subsection (2) or subsection (3) as the case may be
shall be guilty of an offence and be liable on
conviction after summary trial before a Magistrate to a
fine not exceeding rupees fifty thousand and to a
further fine not exceeding rupees one thousand for
each day the offence continues to be committed, after
such conviction.”.
“Application 3A.
for the
(1)
registration
or a (a) Every application for the registration of a
Condominium Condominium Plan, shall be made to in the
Plan. prescribed form in triplicate.
(b) The “Original” and the “Duplicate” of such
[ 5,39 of 2003]
application shall be sent to the Registrar and
the ‘Triplicate” shall be sent to the General
Manager of the Condominium Management
Authority.

(2) Every application made under subsection (1) shall

be accompanied by –
(a) the prescribed fee ;
(b) the building plan approved by the
planning authority in triplicate :
(c) the Condominium Plan in triplicate
containing such details as are specified in
section 5 ;
(d) certificate, from a qualified architect or a
qualified civil or structural engineer, to the
effect that the building was constructed in
accordance with the plans and specifications
by reference to which, permission was
granted indicating the date on which such
permission was granted and the reference
number thereof ;
(e) the written consent of every person who if
any is entitled to the benefit of”
(i) a charge of the land ;
(ii) a lease of the whole or any part
thereof ;
(iii) a charge of such lease ; or
(iv) a lien over the land or any such
lease ;

(f) the certificate of conformity issued by the

local authority within whose limits the land is
situated and empowered to approve the
building plan ;
(g) the Certificate of Title for the land parcel :
Provided however , where the Certificate of
Title to the land parcel, is not in the
possession of the owner, but in the
possession of any other person, a copy of a
request by such owner served on such other
person for the production of such Certificate
to the Registrar within fourteen days from the
date specified in such request shall be
h d h li i
attached to such application ;
(h)
(i) where there is a mortgage on the
Condominium Property proposed to
be registered a declaration by the
applicant stating details as regards the
–
(A) finances already raised by
mortgaging the Condominium
Property and the name of such
financial institution ;
(B) total amount borrowed
under the aforesaid mortgage
and the amount secured against
each such Condominium Plan
proposed to be registered.

(ii) where there is no such mortgage

on the Condominium Property
proposed to be registered the owner
shall make a statement to that effect.

(i) a certificate from the General Manager of

the Condominium Management Authority
certifying that the common amenities
provided for the benefit and the welfare of
the occupants of the condominium parcels of
the building are satisfactory and
arrangements made as regards the control,
administration, maintenance or management
of the common elements of the Condominium
Property are satisfactory : and
(j) a declaration by the applicant, attested by
a Notary Public, which shall contain”
(i) a description, by reference to the
cadastral map of the land parcel on
which the building is located and to
which title is claimed, its boundaries,
extent and situation specifying the
Administrative District Divisional
Revenue Officer’s Division, village,
ward, pattu, korale or other division or
district in which the land parcel is
situated, and in case the land parcel is
situated in a town, the name, if any, of
the street in which it is situated,
together with the assessment number
;.
(ii) the name and address of the owner
or owners of the condominium parcels
;
(iii) the particulars of deeds,
i h d d
instruments or other documents and
of other evidence of title retted upon
by the applicant in support of the
claim to title ;
(iv) a reference to the division, volume
and folio in which the title is
registered under the Registration of
Title Act, No. 21 of 1998 and, if the
land parcel is not so registered, a
declaration to the effect that the land
parcel is not so registered ;
(v) the particulars of every
encumbrance, lis pendens, seizure,
order or decree affecting the land
parcel, to the knowledge of the
applicant ;
(vi) a description of the building,
stating the number of storeys and
basement and the number of
condominium parcels ;
(vii) the number or other symbol
identifying each condominium parcel
and a statement of its location, floor
area, number of rooms, any immediate
common area to which it has access,
and any other information for the
purpose of identification, including
corresponding information relating to
an accessory parcel, if any ;
(viii) a description of the common
elements of the Condominium
Property ;
(ix) a description of the accessory
parcels of the Condominium Property,
specifying the condominium parcels
they are made appurtenant to
irrespective of whether the accessory
parcels are contiguous to the specified
condominium parcels or otherwise ;
(x) the undivided share value of each
condominium parcel in the common
elements of the Condominium
Property ;
(xi) the percentage of the undivided
share in common elements
appurtenant to each condominium
parcel ;
(xii) a statement of the purpose for
which the building and each of the
condominium parcel is intended and
i d i
 restricted as to its use :
(xiii) a statement of account on the
advances already drawn from the
prospective purchasers giving their
names for allocation of condominium
parcels in the Condominium Plan ;
(xiv) any further details in connection
with the condominium property which
the applicant may deem desirable to
set forth consistent with this Law ;
(xv) any other information which may
be required TO be provided by or
under any written law ;
(xvi) the signature of the owner or
owners of the condominium property ;

(k) reference, number in the case of the

registration of the Semi Condominium Plan or
the Provisional Condominium Plan, as the
case may be.

Application 3B.
for the (1)
registration
of a (a) Every application for the registration of a
provisional Provisional Condominium Plan shall be made
Condominium to in the prescribed form in triplicate
Plan. (b) The “Original” and the “Duplicate” of such
application shall be sent to the Registrar and
[ 5,39 of 2003]
the “Triplicate”‘ shall be sent to the General
Manager of the Condominium Management
Authority.

(2) Every application made under subsection (1) shall

be accompanied by”
(a) the prescribed fee ;
(b) the building plan approved by the
planning authority, in triplicate :
(c) the Provisional Condominium Plan
containing such particulars specified in
section 5A ;
(d) the written consent of every person who if
any is entitled to the benefit of”
(i) a charge of the land ;
(ii) a lease of the whole or any part
thereof ;
(iii) a charge of such lease ; or
(iv) a lien over the land or any such
lease.
(e) the Certificate of Title for the land parcel :
Provided however, where the Certificate of
Title to the land parcel, is not in the
possession of the owner, but in the
possession of any other person a copy of a
request by such owner served on such other
person for the production of such Certificate
to the Registrar of Title within fourteen days
from the date specified in such request shall
be attached to such application ;
(f) a certificate from the General Manager of
the Condominium Management Authority
certifying that”
(i) common amenities required to be
provided to the proposed building, has
been provided for in the approved
building plan ;
(ii) the common elements of the
proposed building has been properly
designed in the proposed building
plan, to ensure proper control,
administration, maintenance or
management of such common
elements by the Management
Corporation ;

(g) a declaration by the applicant, on the”

(i) availability of funds for the
construction of the building supported
by a certificate from a recognised
financial institution stating the
availability of financial support for the
contraction of such building ;
(ii) details of the finances already
raised or to be raised by mortgaging
the Provisional Condominium
Property, and the amount secured or
to be secured against each provisional
condominium parcel or parcels, and
the name of such financial institution,
supported by a certificate from the
recognized financial institution ;

(h) a financial report confirming the cost of

the construction verified by a qualified
quantity surveyor, or a qualified civil or
structural engineer ;
(i) implementation plan of the total
construction indicating the proposed date of
commencement and the proposed date of
completion of each of the following activities
supported by a certificate of the qualified
hi lifi d i il l
 architect or a qualified civil or structural
engineer as the case may be”
(i) foundation columns ;
(ii) construction of walls ;
(iii) construction of storey ;
(iv) construction of roof ;
(v) final finishing upto the level for
human habitation.

(j) a declaration by the applicant attested by a

Notary Public containing the requirement
specified in paragraph (j) of subsection (2) of
section 3 A.

Application 3C.
for the
(1)
registration
of a Semi (a) Every application for the registration of a
Condominium Semi Condominium Plan shall be made to in
Plan. the prescribed form in triplicate.
(b) The “Original” and the “Duplicate” of such
[ 5,39 of 2003]
application shall be sent to the Registrar, and
the “Triplicate” shall be sent to the General
Manager of the Condominium Management
Authority.

(2) Every application made under subsection (1) shall

be accompanied by”
(a) the prescribed fee ;
(b) the building plan approved by the
planning authority, in triplicate ;
(c) the Semi Condominium Plan containing
such particulars specified in section 5B ;
(d) the written consent of every person who, if
any is entitled to the benefit of”
(i) a charge of the land ;
(ii) a lease of the whole or any part
thereof ;
(iii) a charge of such lease ;
(iv) a lien over the land or any such
lease.

(e) the Certificate of Title for the land parcel :

Provided however, where the Certificate of
Title to the land parcel, is not in the
possession of the owner, but in the
possession of any other person a copy of a
request by such owner served on such other
person for the production of such Certificate
for the Registrar of Title within fourteen days
f th d t ifi d i h t h ll b
of the date specified in such request shall be
attached to such application ;
(f) a certificate from the General Manager of
the Condominium Management Authority
certifying that the common amenities provide
for the benefit and welfare of the occupants
of the condominium parcels of the building
are satisfactory and arrangements made as
regards the control, administration,
maintenance or management of the common
elements of the Condominium Property are
satisfactory ;
(g) a certificate of conformity from the local
authority within whose limits the land is
situated and empowered to approve the
building plan ;
(h) a certificate from a qualified architect or a
qualified civil or structural engineer, as the
case may be to the effect that the completed
condominium parcels and provisional
condominium parcels, shown in the Semi
Condominium Plan has been drawn in
accordance with the approved plans and
specifications by reference to which,
permission was given stating therein the date
on which such permission was given and the
reference number thereto ;
(i) the reference number in the case of the
registration of a Semi Condominium Plan or a
Provisional Condominium plan, as the case
may be ;
(j)
(i) where there is a mortgage on the
Condominium Property proposed to
be registered a declaration by the
applicant stating details as regards
the”
(A) finances already raised by
mortgaging the Condominium
Property and name of such
financial institution ;
(B) total amount borrowed
under the aforesaid mortgage
and the amount secured against
each such Condominium Plan
proposed to be registered ;

(ii) where there is no such mortgage

on the Condominium Property
proposed to be registered the owner
shall make a statement to that effect.
 (k) a declaration by the applicant attested by
a Notary Public containing the requirements
specified in paragraph (j) of subsection (2) of
section 3A.

Instrument 4. A Condominium Plan or a Plan of redivision or amalgamation

affecting shall be deemed to be an instrument affecting land for the
land. purposes of the Registration of Documents Ordinance.
Condominium5.
Plan.
(1) The Condominium Plan shall comprise of a survey
plan or plans which shall be prepared and drawn by a
[ 4,45 of 1982] licensed surveyor or by or under the authority of the
[ 6,39 of 2003] Surveyor-General and shall”

(a) delineate the external surface boundaries

and boundary marks of the Condominium
Property and the position of each subdivided
building thereon fixed in relation to the
surface boundaries ;
(b) specify the division, volume and folio in
which the land parcel is registered and the
surveyed area thereof ;
(c) include a vertical section of each
subdivided building showing”
(i) the floors and ceilings of each
storey : and
(ii) the height of each storey,

(d) include a description , as well as the

vertical section and dimensions, of each
building erected within the Condominium
Property as a completed subdivided building ,
in accordance with building plans and
subdivision plans approved by the authority
for the time being responsible for the
approval of such plans ;
(e) delineate, subject to the provisions of
subsections (2) and (3), each condominium
parcel and define the boundaries thereof by
reference to floors and walls showing the
horizontal dimensions, without it being
necessary to show any bearing ;
(f) identify the condominium parcels into
which each building is divided and distinguish
such parcels by assessment numbers,
numbers or other symbols ;
(g) distinguish each storey by an index letter
in relation to the sand parcel number of the
Condominium Property and specify the
condominium parcels in each storey in
l i h b f h
 relation to the number of such storey ;
(h) specify the approximate floor area of each
condominium parcel ;
(i) delineate the external boundaries and show
the horizontal dimensions without it being
necessary to show any bearing of each
building erected within the Condominium
Property as a completed subdivided building
in accordance with building plans any
subdivided plans approved by the authority
for time being responsible for the approval of
such plans ;
(j) define the common elements of the
Condominium Property ;
(k) bear an endorsement by the person
preparing it to the effect that the building
shown in the condominium plan is within the
external horizontal boundaries of the
Condominium Property ;
(l) to it a certificate from a registered architect
or a registered professional civil or structural
engineer to the effect that the condominium
parcels shown therein are the same as those
existing on the Condominium Property ;
(m) enter the share value of each
condominium parcel in the plan in compliance
with the provisions of section 20A ; and
(n) bear an endorsement with a certificate of a
licensed surveyor that all buildings and all
Condominium parcels shown in the
Condominium Plan in relation to the external
surface boundaries of the Condominium
Property are within the Condominium
Property and are in compliance with the
building plan, and the subdivision plans
issued by the authority for the time being
responsible for the approval of such plans.
(o) show the share values in whole numbers of
each condominium parcel and number equal
to the aggregate share value entitlement of
all the condominium parcels ;
(p) have endorsed upon it the address at
which documents may be served on the
management corporation in accordance with
section 20N ; and
(q) contain such other particulars as may be
prescribed.

(2) Where an accessory parcel consists of a building

and is bounded by external walls, floors and ceilings,
the dimensions and boundaries of such accessory
l h ll b h i h C d i i Pl i
 parcel shall be shown in the Condominium Plan in
accordance with the requirements of subsection (1).
(3) Where an accessory parcel does not consist of a
building”
(a) the external boundaries of the accessory
parcel shall be ascertained from the building
plans and subdivision plans approved by the
authority for the time being responsible for
the approval of such plans and the accessory
parcel shall be unlimited in its vertical
dimension except to the extent of any
projection above, or encroachment below
ground level by another part of the
condominium property ; and
(b) the Condominium Plan shall show a
diagram of the accessory parcel with similar
dimensions as those shown on the approved
plans referred to in paragraph (a).

(4) Unless otherwise stipulated in the Condominium

Plan , the common boundary on any condominium
parcel with another condominium parcel or with the
common elements shall be the centre of the floor, wall
or ceiling as the case may be.”.

Provisional 5A. The Provisional Condominium Plan shall be prepared and

Condominium.drawn by a licensed surveyor or by or under the authority of the
Surveyor General and shall :”
[ 7,39 of 2003] (a) delineate the external surface boundaries and
boundary marks of the proposed Condominium
Property and position of each subdivided building
proposed to be erected thereon in relation to the
surface boundaries ;
(b) specify the division, volume and folio in which the
land parcel is registered and the surveyed area thereof
;
(c) include a vertical section of each subdivided
building proposed to be erected showing”
(i) the floors and ceiling of each storey ; and
(ii) the height of each storey ;

(d) include a description, as well as the vertical section

and dimensions, of each building proposed to be
erected within the land parcel in accordance with
building plan approved by the authority for the time
being responsible for the approval of such plans ;
(e) delineate, subject to the provisions of subsections
(2) and (3) of section 5, each proposed condominium
parcel and define the boundaries thereof by reference
to floors and walls showing the horizontal dimensions,
without it being necessary to show any bearing ;
(f) identify the proposed condominium parcels into
hi h h d b ildi i b di id d d
 which each proposed building is to be divided and
distinguish such parcels by assessment numbers,
numbers of other symbols ;
(g) distinguish each proposed storey by an index letter
in relation to the land parcel number of the cadastral
map and specify the proposed condominium parcels in
each storey in relation to number of such storey ;
(h) specify the approximate floor area of each
proposed parcel ;
(i) delineate the external boundaries and show the
horizontal dimensions without it being necessary to
show any bearing of each building proposed to be
erected within the land parcel in accordance with the
building plan approved by the authority for the time
being responsible for the approval of such plan ;
(j) define the provisional common elements of the
provisional condominium property ;
(k) show the provisional share values in whole numbers
of each proposed condominium parcel and a number
equal to the aggregate provisional share value
entitlement of all the proposed condominium parcels ;
(l) bear an endorsement by the person preparing such
plan to the effect that the building proposed to be
erected shown in the Provisional Condominium Plan is
in accordance with the building plan approved by the
authority for the time being responsible for the
approval of such plan.

Semi 5B. The Semi Condominium Plan shall be prepared and drawn by
Condominiuma licensed surveyor or by or under the authority of the Surveyor-
Plan General and shall”
(a) delineate the external surface boundaries and
[ 7,39 of 2003] boundary marks, of the Semi Condominium Property
and the position of each partly completed subdivided
building thereon fixed in relation to the surface
boundaries and the position of the balance portion of
the building yet to be completed in accordance with
the building plan approved by the authority for the
time being thereon in relation to the surface
boundaries ;
(b) specify the division, volume and folio in which the
land parcel is registered and the surveyed area thereof
;
(c) include a vertical section of each partly completed
subdivided building showing”
(i) the floors and ceiling of each storey ; and
(ii) the height of each storey,

(d) include a description, separately the vertical section

and dimensions of partly completed building erected,
and vertical section and dimensions of balance portion
f h b ildi b l d i hi h l d
 of the building yet to be completed within the land
parcel in accordance with building plan approved by
the authority for the time being responsible for the
approval of such plans ;
(e) delineate, subject to the provisions of subsections
(2) and (3) of section 5. each condominium parcels of
the partly completed building, and define the
boundaries thereof by reference to floors and walls
showing the horizontal dimensions, without it being
necessary to show any bearing ;
(f) identify the condominium parcels of the partly
completed building, into which each building is to be
divided and distinguish such parcels by assessment
numbers, numbers or other symbols ;
(g) distinguish each storey by an index letter in relation
to the land parcel number of the cadastral map and
specify the condominium parcels of the partly
completed building in each storey in relation to the
number of such storey ;
(h) specify the approximate floor area of each parcel ;
(i) delineate the external boundaries and show the
horizontal dimensions without it being necessary to
show any bearing of each partly completed building
erected within the land parcel in accordance with the
building plan approved by the authority for the time
being responsible for the approval of such plan ;
(j) define the common elements of the Semi
Condominium Property ;
(k) show the share values in whole numbers of each
condominium parcel of the partly completed building
and each provisional condominium parcel of the
balance portion of the building yet to be completed
and a number equal to the aggregate share value
entitlement of all such condominium parcels and ail
such provisional condominium parcels ;
(l) bear an endorsement by the person preparing such
plan to the effect that the partly completed building
erected show in the Semi Condominium Plan is in
accordance with me building plan approved by the
authority for the time being responsible for the
approval of such plan.’.

Registration 6.
of
(1) Upon receipt of any application for the registration
Condominium of a Condominium Plan, “Provisional Condominium or
plans. Plans a Semi Condominium Plan” or any application under
of redivision
section 8 for the registration of a “Plan of amendment
of
or any application under section 8B for the registration
amalgamation
of a Plan of amendment or any application under
and appeals
section 12 for the registration of a Plan of re-division
against
or a Plan of amalgamation or any application under
refusals.
section 8A for registration of a Plan of addition the
R i h ll f h li i h ih h
 Registrar shall refer such application together with the
[ 8,39 of 2003] Condominium Plan, or the Provisional Condominium
Plan, or the Semi Condominium Plan, or the Plan of
amendment, or the Plan of re-division or the Plan of
amalgamation or the Plan of additions, as the case
may be. and the cadastral map to the Superintendent
of Survey for certification.
(2) Where the Superintendent of Survey is satisfied,
that the Condominium Plan or Provisional
Condominium Plan, or Semi Condominium Plan, or the
Plan of amendment. or the Plan of re-division or the
Plan of amalgamation or the Plan of additions, as the
case may be. conforms to the provision of the
Registration of Title Act, No. 21 of 1998. he shall
certify such plan on behalf of the Survey-General and”
(a) file the original of the Condominium Plan
or the Provisional Condominium Plan, or the
Semi Condominium Plan or the Plan of
amendment or the Plan of re-division, or the
Plan of amalgamation or the Plan of
additions, as the case may be after making
suitable references and after making
necessary amendments or alterations, or
subdivisions or amalgamation or
incorporations, on the cadastral map used for
registration of title ; and
(b) forward the duplicate of such plan and the
application to appropriate Registrar along
with the cadastral map after making
necessary references or amendments, or
subdivisions or amalgamation as the case may
be.

(3) Upon receipt of a cadastral map duly certified from

the Superintendent of Surveys, the Registrar shall, if
he is satisfied that such application conforms to the
provisions of the of the Registration of Title Act, No.
21 of 1998, and-
(a) where the application is for the
registration of a Condominium Plan”
(i) file the duplicate of the
Condominium Plan in the
condominium parcel file ;
(ii) open a new title file register in
respect of each condominium parcel
shown in the Condominium Plan and
make suitable cross references to such
register and, in the register in which
the land parcel has been registered
and in the register on which
Provisional Condominium Plan or Semi
Condominium Plan has been
registered if there are previously
i d P ii l C d i i
 registered Provisional Condominium
Plan or Semi Condominium Plan ;
(iii) record in the property section, in
the register pertaining to the land
parcel, that the land comprised
therein consists only of common
property ;
(iv) record in the encumbrances
section in the register in respect of
each condominium parcels shown in
the condominium plan, on the
existence of mortgages and the
amount secured against each such
condominium parcel, and particulars
of every encumbrances, such as
leases, agreements for sale,
lispendance seizure order or decree &
c, affecting the condominium parcel, if
any ;
(v) inform the applicant that such,
condominium plan has been
registered (hereinafter referred to as
“registered Condominium Plan”) and
notify him, of the reference, with a
notification to the Condominium
Management Authority ;
(vi) issue a certificate of
“condominium title”, in respect of the
individual condominium parcel on
receipt of the prescribed fee.

(b) where the application is for the

registration of a Provisions Condominium
Plan”
(i) file the duplicate of the Provisional
Condominium Plan in the provisional
condominium parcels file ;
(ii) open a new provisional title file
register in the register in respect of
each provisional condominium parcel
shown in the Provisional
Condominium Plan and make suitable
cross references to such register in
the register in which the land parcel
has been registered ;
(iii) record in the property section in
the register pertaining to the land
parcel that the land comprised therein
consists only of provisional common
property ;
(iv) record in the encumbrances
section in the register in respect of
h ii l d i i l
 each provisional condominium parcels
on the existence of mortgages and the
amount secured against each such
condominium parcels, and particulars
of every encumbrances such as leases,
agreements for sale, lispendance
seizure order, or decree & c, effecting
the condominium parcel, if any ;
(v) inform the applicant that such
Provisional Condominium Plan has
been registered (hereinafter referred
to as “registered Provisional
Condominium Plan”) and notify him of
the reference numbers of the relevant
registers with a notification to the
Condominium Management Authority
;
(vi) issue a certificate of Provisional
Condominium title, in respect of
individual provisional condominium
parcels on receipt of the prescribed
fees.

(c) where the application is for the registration

of the Semi Condominium Plan”
(i) file the duplicate of the Semi
Condominium Plan in the semi
condominium parcel file ;
(ii) open a new title file register in the
register in respect of each
condominium parcel shown in the
Semi Condominium Plan and make
suitable cross references to such
register and, in the register in which
the land parcel has been registered
and in the register on which
Provisional Condominium Plan has
been registered, if there are previously
registered Provisional Condominium
Plan ;
(iii) record in the property section, in
the register pertaining to the land
parcel, that the land comprised
therein consists only of common
property ;
(iv) record in the encumbrances
section in the register in respect of
each condominium parcels shown in
the semi condominium plan, on the
existence of mortgages and the
amount secured against each such
condominium parcel and particulars of
every encumbrances, such as leases,
t f l li d
 agreements for sale, lis pendens
seizure order or decree & c, affecting
the condominium parcel, if any;
(v) inform the applicant that such,
semi condominium plan has been
registered (hereinafter referred to as
“registered Semi Condominium Plan”)
and notify him of the reference
numbers of the relevant registers, with
a notification to the Condominium
Management Authority ;
(vi) issue a certificate of Semi
Condominium Title, in respect of the
individual condominium parcels, on
receipt of the prescribed fees.

(d) where the application is for the

registration of any plan of amendment of the
registered Condominium Plan or of the
registered Semi Condominium Plan or any
Plan of re-division or any Plan of
amalgamation of the registered Condominium
Plan or of the registered Semi Condominium
Plan”
(i) file the duplicate of the Plan of
amendment, or Plan of re-division or
Plan of amalgamation in the relevant
condominium parcel file :
(ii) make necessary references in the
condominium title register in respect
of each condominium parcels shown
in the registered Condominium Plan or
in the registered Semi Condominium
Plan, and make necessary cross
references to original registered
Condominium Plan or original
registered Semi Condominium Plan ;
(iii) inform the applicant that such
amendment or redivision or
amalgamation of the registered
Condominium Plan or of the
registered Semi Condominium Plan,
has been registered, and notify him of
the reference numbers of the relevant
register with a notification to the
Condominium Management Authority
;
(iv) issue a fresh “certificate of
Condominium Title” in respect of
individual condominium parcels, on
receipt of the prescribed fee.

(e) where the application is for the

i i f l f d f h
registration of any plan of amendment of the
registered Provisional Condominium Plan ”
(i) file the duplicate of the Plan of
amendment of the registered
Provisional Condominium Plan in the
relevant provisional condominium
parcel file
(ii) make necessary reference in the
provisional condominium title register
in respect of each provisional
condominium parcels shown in the
registered Provisional Condominium
Plan and make necessary cross
references to original registered
Provisional Condominium Plan :
(iii) record in the encumbrances
section in the register in respect of
each amended provisional
condominium parcels on the existence
of mortgages and the amount secured
against each such condominium
parcels, and particulars of every
encumbrances, such as leases,
agreements for sale, lis pendens
seizure order or decree & c. affecting
the condominium parcel, if any ;
(iv) inform the applicant that such
amendment of the registered
provisional condominium plan has
been registered and notify him of the
reference numbers of the relevant
register with a notification to the
Condominium Management Authority
;
(v) issue a fresh “certificate of
Condominium Title” in respect of
individual condominium parcels, on
receipt of the prescribed fee.

(f) where the application is for the registration

of any plan of additions of the registered
Semi Condominium Plan”
(i) file the duplicate of the plan of
additions, of the registered Semi
Condominium Plan in the relevant
condominium parcel file ;
(ii) make necessary references in the
condominium title register in respect
of each condominium parcels added
subsequently shown in the plan of
additions of the registered Semi
Condominium Plan, and make
f i h
 necessary cross references in the
register in which the land parcel has
been registered and in the register on
which Semi Condominium Plan or
Provisional Condominium Plan has
been registered ;
(iii) record in the encumbrances
section in the register in respect of
each condominium parcels added
subsequently shown in the plan of
additions of the registered Semi
Condominium Plan, on the existence
of mortgages and the amount secured
against each such condominium
parcel and particulars of every
encumbrances, such as leases,
agreements for sale, lis pendens
seizure order or decree & c. affecting
such condominium parcel, if any ;
(iv) inform the applicant with copy to
the Condominium Management
Authority that such condominium
parcels has been registered in the
registered semi condominium plan ;
(v) issue of ”certificate of
Condominium Title”, in respect of such
condominium parcels on receipt of the
prescribed fee.

(4) Sections 34, 35 and 37 of the Registration of Title

Act, No. 21 of 1998, shall, mutatis mutandis, apply to
the inspection of the title register and the cadastral
map, issue of certified copies of documents and
extracts of cadastral maps and obtaining of certificate
of ownership or interest of the condominium parcel or
parcels.
(5) Where the Registrar refuses to register the
Condominium Plan or the Provisional Condominium
Plan or the Semi Condominium Plan or the Plan of
amendment, or the plan of redivision or the Plan of
amalgamation or the Plan of additions as the case may
be, he shall make an order of refusal and record his
reasons for such order in the prescribed register and
shall endorse the words “Registration of condominium
title refused” or “Registration of provisional
condominium title refused” or “Registration of semi
condominium title refused” , as the case may be, on
the instruments and on the application made by the
person who presented the application for such
registration and shall, without payment or unnecessary
delay issue to the applicant a copy of the reasons so
recorded.
(6) An appeal shall lie from every order made by the
R i f i i h C d i i Pl
 Registrar refusing to register the Condominium Plan
or the Provisional Condominium Plan, or the Semi
Condominium Plan, or the Plan of amendment, or the
Plan of re-division or the Plan of amalgamation or the
Plan of additions and the provisions in section 38 of
the Registration of Documents Ordinance shall,
mutatis mutandis apply in relation to such appeal.

Retention 7. Section 53 of the Registration of Title Act, No. 21 of 1998,

and shall mutatis mutandis, apply to the retention and destruction of
destruction ail instruments accepted by the Registrar and filed in the
of condominium parcels file, or in the provisional condominium
instruments. parcels file.

[ 9,39 of 2003]

Registration 7A.
of
(1) The Condominium Plan or the Provisional
Condominium
Condominium Plan or the Semi Condominium Plan as
Property,
the case may be, shall be deemed to be registered
Provisional
under the provisions Condominium of this law, when
Condominium the application of the owner, Property, and of the
Property and Condominium Property or the Provisional
semi
Condominium Property or the Semi Condominium
Condominium
Property tendered for registration has been signed
Property.
and sealed by the Registrar and made cross reference
in all relevant title registers are duly made.
(2) Upon the registration of the Condominium Plan or
[ 5,45 of 1982]

the Provisional Condominium Plan or the Semi

[ 10,39 of 2003]

Condominium Plan, as the case may be the owner of

any condominium parcel of the Condominium
Property, the owner of any provisional condominium
parcel of any Provisional Condominium Property, or
the owner of any condominium parcel of the Semi
Condominium Property, shall be deemed to be the
owner of his parcel and his share in the common
elements or provisional common elements, subject to
the encumbrances, if any, registered or notified in the
relevant register,”.

Amendment 8
of the
(1) The owner of any condominium parcel of a
Condominium
registered condominium property or of a registered
Plan or semi semi condominium property may make an application
Condominium
in the prescribed form to the Registrar, for the
Plan.
registration of the plan of amendment of the
registered Condominium Plan or of registered Semi
[ 11,39 of 2003] Condominium Plan.
(2) An application for the registration of such plan shall
be accompanied by-
(a) survey plan, (hereinafter referred to as “the
Plan of amendment” of the registered
Condominium Plan or of the registered Semi
Condominium Plan) prepared and drawn by a
li d t b b itt d i t i li t
 licensed surveyor to be submitted in triplicate
showing the relevant alterations caused to
the existing condominium parcel of the
registered Condominium Plan or of the
registered Semi Condominium Plan ;
(b) a certificate from a qualified Architect or a
qualified civil or structural Engineer to the
effect that the alterations shown in the survey
plan conform to the position existing on the
land ;
(c) certificate from the General Manager
certifying that the alterations to the
condominium parcel do not cause any
adverse effect on the requirements of the
control, administration, maintenance, and
management of the common elements of the
Condominium Property or of the Semi
Condominium Property ;
(d) approval of the relevant authority for such
alterations to be affected to the approved
building plan ;
(e) consent of the relevant mortgagee, if any,
for such alterations to be affected to such
condominium parcel.”.

Registration 8A
of the
(1) The owner of any Semi Condominium Property may
condominium
apply to the Registrar for the registration of the
parcels
condominium parcels subsequently added to the
added
partly completed building, shown in the registered
subsequently
Semi Condominium Plan.
to the partly
completed (2) An application for registration under subsection (1)
building shall be in the prescribed form, and be accompanied
shown in the by”
registered (a) the prescribed fee ;
condominium
(b) survey plan in triplicate, (hereinafter
plan
referred to as the ”Plan of additions” of the
registered Semi Condominium Plan) to be
[ 12,39 of 2003] submitted, prepared and drawn by a licensed
surveyor, or by , or under the authority of the
Surveyor-General and shall-
(i) show the relevant condominium
parcels added subsequently to the
partly completed building shown in
the registered Semi Condominium
Plan ;
(ii) show the undivided share value and
the percentage of the individual share
of each condominium parcel in
common elements appurtenant to
h d i i l
 such condominium parcels ;
(iii) give reference number of the
cadastral map and the previous
registration number of certificate of
condominium title of each
condominium parcels shown in the
registered Semi Condominium Plan,

(c) a certificate from a qualified Architect or a

qualified civil or structural engineer to the
effect that the condominium parcels shown in
the plan of additions conforms to the position
existing on the land ;
(d) certificate from the General Manager of
the Condominium Management Authority
certifying that the condominium parcels
shown in the Plan of additions is fit for human
habitation and the services of common
amenities provided to such parcels are
satisfactory ;
(e) the certificate of semi condominium title
subject to the provisions specified in
paragraph (g) of subsection (2) of section 3A ;
(f) a certificate of conformity from the
authority who has been empowered to
approve the building plan to the effect that
the condominium parcels shown in the plan
of additions of registered semi condominium
plan is in conformity with the regulations ;
(g) a declaration of the applicant as per the
provisions specified in paragraph (h) of
subsection (2) of section 3A ;
(h) a declaration of the applicant and attested
by a Notary Public, which shall contain the-
(i) full name and address of the
registered owner the reference
number relating to certificates of
condominium title on condominium
parcels ;
(ii) changes affected to the undivided
share value and percentage of such
value of each condominium parcel in
the common elements appurtenant to
such condominium parcels shown in
the plan of additions of the registered
Condominium Plan ;
(iii) reference number on previous
registration of Semi Condominium
Plan ;
(iv) a statement of account on the
advances already drawn from the
i h i i h i
 prospective purchasers giving their
names for allocation of such
condominium parcels shown in the
Plan of additions of the registered
Semi Condominium Plan ;
(v) the signature of the owner or
owners of the semi condominium
property.

Amendment 8B. The owner of any registered provisional condominium

to the property, may apply in writing to the Registrar for the “plan of
registered amendment” of the registered Provisional Condominium Plan of
Provisional Provisional Condominium Property. Application of the owner for
Condominiumsuch registration in a prescribed form, shall be accompanied
Plan of the with”
Provisional (a) a survey plan, (hereinafter referred to as “the Plan
Condominium
of amendment” of the registered Provisional
Property. Condominium Plan) prepared and drawn by a licensed
surveyor to be submitted in triplicate showing the
[ 12,39 of 2003] relevant alterations caused to the provisional
condominium parcel of the registered Provisional
Condominium Plan ;
(b) a declaration of the applicant, along with a financial
report confirming the cost of the construction of the
building due to amendments effected to the
registered Provisional Condominium Plan, verified by a
qualified quantity surveyor or by a qualified civil or
structural engineer, on”
(i) availability of funds for the construction of
the building supported by a certificate from a
recognized finance institution indicating their
willingness to finance for the project ;
(ii) details of the finances already raised or to
be raised by mortgaging the Provisional
Condominium Property, and the amount
secured or to be secured against each
provisional condominium parcel or parcels,
and name of such financial institution,
supported by a certificate from the
recognized financial institution ;

(c) implementation plan of the total construction

indicating the date of commencement and the date of
completion of each of following activities supported
by a certificate of the qualified architect or qualified
civil or structural engineer”
(i) foundation and columns ;
(ii) construction of walls ;
(iii) construction of storey ;
( iv) construction of roof;
(v) Final finishing upto the level for human
h bi i
 habitation ;
(vi) certificate from the General-Manager
certifying that the alterations to the
provisional condominium parcel does not
cause any adverse effect on the requirements
of control, administration, maintenance, and
management of the common elements by the
management corporation ;
(vii) approval of the relevant authority for
such alterations to be affected to the
approved building plan.”.

Effect of 9.
registration
(1) Upon registration of the Condominium plan or semi
of Plan or
Condominium Plan, each building or partly completed
Semi building depicted in the Condominium Property or
Condominium
Semi Condominium Property shall be deemed to be
Plan.
divided into units and identified therein and thereupon
the common elements shall be held by the owners of
[ 6,45 of 1982] all the condominium parcels as tenants in common
[ 13,39 of 2003] proportional to their respective share parcels and for
the same term and tenure as their respective
condominium parcels are held by them. and
(2) The Registrar on registration of the Condominium
Plan or Semi Condominium Plan shall certify therein
the share which the owner of a condominium parcel
has in the common elements.
(3) The share value which each owner of a
condominium parcel has in the common elements shall
be given according to the user of such condominium
parcel whether commercial or residential or otherwise,
as the case may be.
(4) Notwithstanding anything to the contrary in any
other law but subject to the provisions of this Law,
after the registration of a Condominium Plan, or Semi
Condominium Plan, any condominium parcel depicted
therein together with the common elements
appurtenant thereto may be held and dealt with in the
same manner and form as any land.
(5) Upon registration of a Condominium Plan, or Semi
Condominium Plan, each condominium parcel
depicted therein together with the common elements
appurtenant thereto shall be deemed to be absolutely
owned by the person or persons described in the
relevant plan as the owner or owners of the
Condominium Property or the Semi Condominium
Property, as may be applicable without prejudice to
the right of the mortgagee to exercise the right of
execution of parate or to obtain monetary
compensation in terms of the law relevant to such
mortgage, or to the right of any other person to obtain
monetary compensation for any loss suffered as a
l f f l i
 result of any mortgage, agreement for sale or interest
he had in the Condominium Property or in the Semi
Condominium Property before such registration, being
adversely affected.’.

Effect of 9A. Upon registration of a Provisional Condominium Plan, each

registration provisional Condominium parcel depicted therein together with
of provisional the provisional common elements appurtenant thereto, shall be
Condominiumdeemed to be absolutely owned by the person described in the
plan. relevant plan as the owner of the Provisional Condominium
Property, and shall exercise such ownership, subject to the
[ 14,39 of 2003]
following limitations :”
(a) the existence of any mortgages executed prior to
the registration of provisional condominium plan, or
after the registration of provisional condominium plan
securing the land parcel, where the proposed building
is to be erected, shall extend to each such provisional
condominium parcel, and shall no right to execute any
instrument in respect of any of the provisional
condominium parcel or land parcel, in favour of any
other party, without the consent of the mortgagee or
mortgagees ;
(b) the existence of any agreements of sale for
individual provisional condominium parcel registered
at the registrar, shall be recognized as an
encumbrance of the absolute ownership, and
exercisable, without prejudice to the rights of such
prospective purchaser, who is a party to the said
agreement of sale ;
(c) the owner shall not sell, lease, rent or dispose in any
other manner, other than by way of mortgage, the
land parcel where the proposed building is to be
erected, shown in the registered Provisional
Condominium Plan, until the said building is partly
completed and registered at the registrar as ”Semi
Condominium Property”. Where a sale, lease, rent or
any other disposition, other than the mortgage, is
executed by or on behalf of the owner in
contravention of this provisions, shall be null and void
and shall have no force of effect in law ;
Provided that, nothing in these provisions shall be
deemed to preclude any authority from selling the said
property for recovering the amount due on any
mortgage bond or on any agreement for sale in
accordance with any other written law.’.

Registration 10.
of deed or
(1) No person acquiring an title or interest or benefit in
instrument any condominium parcel of a registered Condominium
affecting a
Property or of a registered Semi Condominium
unit.
Property shall be entitled to such title or interest, or
benefit, unless such title, or interest or benefit is
[ 15,39 of 2003] registered under the provisions of Registration of Title
A N 21 f 1998
 Act. No. 21 of 1998.
(2) Upon accepting for registration, of any instrument
for conveying title or interest or benefit in a
condominium parcel, the Registrar shall register same
in the title register in respect of relevant condominium
parcel in the prescribed manner and make suitable
cross references to registered Condominium Plan, or
registered Semi Condominium Plan.
(3) The provisions of sections 40, 41, 42, 43, 44, 45,
46, 47, 48 and 49 of the Registration of Title Act, No.
21 of 1998, shall, mutatis mutandis, apply in respect
of subsequent transaction relating to registered
condominium parcel,”.

Shares in 11. No share in the common elements of a registered,

common Condominium Property or of a registered Semi Condominium
elements of Property shall be disposed of or otherwise dealt with except as
the property.appurtenant to a condominium parcel of such property, and any
alienation of any condominium parcel shall be deemed also to
[ 16,39 of 2003]
convey the undivided share of the owner in the common
elements appertaining to that condominium parcel
notwithstanding the fact that no specific or particular reference
has been made thereto in the instrument or deed relating to such
alienation.
Accessory 11A.
parcels. (1) No accessory parcel or any share or estate or
interest therein shall be dealt with independently of
[ 7,45 of 1982] the condominium parcel to which such accessory
[ 17,39 of 2003] parcel has been made appurtenant as shown on the
relevant registered Condominium Plan or on the
relevant registered Semi Condominium Plan.
(2) Any person who deals with any accessory parcel or
any share, estate or interest therein independently and
not made as appurtenant to the condominium parcel
which such accessory parcel is shown on the
registered relevant condominium plan or on the
registered relevant semi condominium plan, as being
appurtenant shall be guilty of an offence .
(3) Any assurance made in contravention of the
provisions of subsection (1), shall not be registered
under this Law and any registration thereof shall be
null and void and shall not pass any estate or interest
in the accessory parcel.
(4) Where such assurance has been registered, the
Registrar on discovery thereof shall cancel the
registration, and no person affected by such
cancellation shall be entitled to any compensation.”.
Re-division 12.
amalgamation (1) Any owner or owners of the condominium parcels
of of the condominium property or the semi
condominium
condominium property may, apply in writing to the
parcel
Registrar, for the registration of the Plan of re-division
or the Plan of amalgamation of the registered
[ 8,45 of 1982] Condominium Plan or of the registered Semi
[ 18,39 of 2003] Condominium Plan or of the Condominium Property or
of the Semi Condominium Property.
(2) An application under subsection (1) shall be in a
prescribed form and be accompanied with ”
(a) the prescribed fees ;
(b) the survey plan in triplicate (hereinafter
referred to as the Plan of re-division or the
Plan of amalgamation of the registered
Condominium Plan or of the registered Semi
Condominium Plan) prepared and drawn by a
licensed surveyor, or by or under the
authority of the Surveyor-General and shall ”
(i) show the relevant changes effected
to the existing condominium parcel or
parcels of the registered
Condominium Plan or of the
registered Semi Condominium Plan
due to re-division or amalgamation;
(ii) show the undivided share value and
the percentage of the individual share
of each condominium parcel in
common elements appurtenant to the
re-divided or amalgamated
condominium parcels ;
(iii) give reference number of the
cadastral map and the previous
registration number of certificate of
condominium title of each
condominium parcel ;

(c) a certificate from the qualified Architect

and qualified civil or structural engineer, to
the effect that the re-division or
amalgamation shown in the plan of re-division
or plan of amalgamation conforms to the
position existing on the land ;
(d) a certificate from the General Manager of
the Condominium Management Authority
certifying that the re-division or
amalgamation does not cause any adverse
effect on the requirements of control,
administration, maintenance and
management of the common element of the
Condominium Property or of the Semi
C d i i P
 Condominium Property ;
(e) approval of the relevant authority for such
re-division or amalgamation to be affected to
the approved building plan ;
(f) consent of the relevant mortgagee, if any
for such re-division or amalgamation to be
affected to such condominium parcel
(g) a declaration of the applicant and attested
by a Notary Public, which shall contain of ”
(i) registered full name of the owner or
owners and their addresses of the
relevant condominium parcel or
parcels that are being re-divided or
amalgamated and reference numbers
relating to certificates of
condominium title ;
(ii) changes to be effected to the
ownership giving full names and
addresses of the owners of each re-
divided of amalgamated condominium
parcel, and the nature of the
instruments or documents to be relied
for such changes ;
(iii) undivided share value and
percentage of such value of each
condominium parcel in the common
elements appurtenant to such parcels,
before and after such re-division and
amalgamation ;
(iv) the signature of the owner or
owners of the condominium parcel or
parcels of the Condominium Property
or Semi Condominium Property”.

Servitudes 13.
(1) In respect of each parcel there shall be implied
[ 9,45 of 1982]
(a) in favour of the owner of a parcel and as
[ 19,39 of 2003]
appurtenant thereto, a servitude for the
subjacent and lateral support thereof by the
common elements and by every parcel
capable of affording support;
(b) as against the owner of each parcel and to
which the parcel shall be subject, a servitude
for the subjacent and lateral support of the
common elements and of every other parcel
capable of enjoying support.

(2) The servitude of support created by subsection (1)

shall entitle the owner of the dominant tenement to
enter on the servient tenement to replace, renew or
restore any support.
(3) Every owner of a parcel shall be entitled to have his
parcel sheltered by all other parts of the subdivided
building that are capable of affording shelter.
(4) The right created by subsection (3) shall be a
servitude to which the aforesaid parts of the
subdivided building are subject.
(5) The servitude of shelter created by this section
shall entitle the owner of the dominant tenement to
enter on the servant tenement to replace, renew or
restore any shelter.
(6) In respect of each parcel there shall be implied
(a) in favour of the owner of a parcel, and as
appurtenant thereto, servitudes for the
passage or provision of water, sewerage,
drainage, gas, electricity, garbage, artificially
heated or cooled air and other services
(including telephone, radio and television
services) through or by means of any pipes,
wires, cables or ducts to the extent to which
those sewers, pipes, wires, cables or ducts are
capable of being used in connection with the
enjoyment of the parcel: and
(b) as against the owner of a parcel, and to
which the parcel shall, be subject, a servitude
for the passage or provision of water,
sewerage, drainage, gas, electricity, garbage,
artificially heated or cooled air and other
services (including telephone, radio and
television services) through or by means of
any sewers, pipes, wires, cables or ducts, as
appurtenant to the common elements and
also to every other parcel capable of enjoying
such servitudes.

(7) In respect of each parcel and the common

elements, there shall be implied in favour of the owner
of the dominant tenement and against the owner of
the servient tenement
(a) a servitude for uninterrupted access and
use of light to or for any windows, doors or
other apertures existing and enjoyed at the
date of registration of the relevant
Condominium Plan; and
(b) the right to maintain and use overhanging
eaves and other projections existing at the
date of registration of the relevant
Condominium Plan.

(8) There shall be implied as appurtenant to the

common elements and subservient to any parcel
ff d
 affected
(a) a servitude for the provision of any service
through any installation in any parcel; and
(b) a servitude for support by any parcel
capable of providing support.

(9) The servitudes implied or created by this Law shall

take effect and be enforceable without any memorial
or notification on the folios of the register of
Condominium Property.

Ancillary 14. All ancillary rights and obligations reasonably necessary to

rights and make servitudes effective shall be implied whenever servitudes
obligations are created or implied by or under this Law, including the right of
implied. an owner of a dominant tenement, with the permission of the
management corporation, to enter a servient tenement and
[ 10,45 of 1982]
replace, renew or restore anything which the dominant tenement
is entitled to benefit from.
Execution, & 15.
c, of grants
(1) The owners of all the parcels may by unanimous
of
resolution at a meeting convened by the management
servitudes.
corporation direct the corporation
(a) to execute on their behalf a grant of
servitude or a restrictive covenant burdening
[ 11,45 of 1982]

the Condominium Property; or

[ 20,39 of 2003]

(b) to accept on their behalf a grant of

servitude or a restrictive covenant benefiting
the Condominium Property.

(2) The management corporation, if it is satisfied that

the resolution was duly passed, and that all persons
having registered interests in the Condominium
Property have consented in writing to the manner of
creating those interests in respect of the
Condominium property comprised in the proposed
disposition, shall execute the appropriate instrument
and that instrument shall be valid and effective
without any execution by any person having an
interest in the Condominium Property, and the receipt
of the management corporation for moneys payable to
the management corporation under the instrument
shall be a sufficient discharge, and shall exonerate the
person taking under the instrument from seeing to the
application or being answerable for any loss or
misapplication of the moneys expressed to have been
so received.
(3) Every instrument creating the servitude or
restrictive covenant lodged for registration shall be
endorsed with or accompanied by a certificate under
the seal of the management corporation that the
resolution was duly passed and that all necessary
consents were given, and the certificate shall in favour
of a purchaser and the Registrar, be conclusive
id f h f d h i
 evidence of the facts stated therein.
(4) The Registrar shall register the instrument creating
the servitude or restrictive covenant by noting it on
the registered Condominium Plan.

Transfer of 16.
part of (1) The owners of all the parcels may by a special
common
resolution at a meeting convened by the management
elements.
corporation direct the management corporation to
transfer a part of the common elements.
[ 11,45 of 1982]
(2) The management corporation, if it is satisfied that
[ 21,39 of 2003]
the resolution was duly passed, and that all persons
(other than the owners of all the parcels) having
registered interests in the Condominium Property have
consented in writing to the release of those interests in
respect of the Condominium Property comprised in
the proposed transfer, and that the authority for the
time being responsible for the approval of plans for
the subdivision or amalgamation of any land and the
Registrar have consented in writing to the proposed
transfer so far as it affects subdivision and
amalgamation of the land comprised therein, shall
execute the appropriate instrument and such
instrument shall be valid and effective without
execution by any person having an interest in the
common elements, and the receipt of the
management corporation for any moneys payable to
the management corporation under the instrument
shall be a sufficient discharge, and shall exonerate the
purchaser from seeing to the application or being
answerable for any loss or misapplication of the
moneys expressed to have been so received.
(3) Every instrument of such transfer lodged for
registration shall be endorsed with or accompanied by
a certificate under the seal of the management
corporation that the resolution was duly passed and
that all necessary consents were given, and the
certificate in favour of the purchaser and the Registrar
shall be conclusive evidence of the facts stated
therein.
(4) Upon registration of the transfer by the Registrar
the part of the common elements transferred shall be
free from such subsisting servitudes created or implied
under this Law and the Registrar shall
(a) enter a memorial of the transfer on the
folio of the land register comprising the
Condominium Property; and
(b) amend the registered Condominium Plan
in such manner as the Registrar may think fit
so as to show thereon the part of the
common elements which has been
transferred.
Transfer of 17.
lands and
(1) The owners of all the parcels may by special
parcels. resolution at a meeting convened by the management
corporation direct the management corporation to
[ 11,45 of 1982] accept a transfer
(a) of any land or part thereof, free from any
[ 22,39 of 2003]

encumbrances except those created by

statute and subsisting servitudes so that such
land or part thereof shall form part of the
common elements in favour of all the owners
of the parcels; or
(b) of any parcel, including the undivided
share in the common elements appurtenant
to that parcel, free from any encumbrances
except those created by statute and
subsisting servitudes so that such parcel shall
form part of the common elements in favour
of the owners of the other parcels shown in
the same registered Condominium Plan.

(2) The transfer lodged for registration shall contain a

request to the Registrar that such land or part thereof,
or the parcel transferred, as the case may be, be
included as part of the common elements.
(3) Upon registration of such transfer the Registrar
shall
(a) enter a memorial of the transfer on the
folio of the land register and the registered
Condominium Plan comprising the
Condominium Property; and
(b) amend the registered Condominium Plan
in such manner as the Registrar may think fit
so as to show thereon the transferred land or
part thereof or the parcel transferred as
forming part of the common elements, and in
the case where the parcel is transferred, to
delete the share value of that parcel shown
on the registered Condominium Plan and
decrease the total number of share value
equal to the aggregate share entitlement by
amending such aggregate number shown on
the registered Condominium Plan and
(c) upon such amendment being made, notify
the management corporation of the
aggregate share entitlement and the
consequent share entitlement of each owner
of a parcel.

(4) The registered transfer shall have the following

effect:
(a) the owners of all the parcels shall hold the
common elements (including the transferred
l d l) t t i
 land or parcel) as tenants in common
proportional to their respective share value
shown on the Condominium Plan amended
pursuant to subsection (3), and for the same
term and tenure and subject to the same
covenants, conditions and encumbrances
which the owner of all the parcels held
immediately prior to the registration of the
transfer, and where any parcel is then subject
to a registered mortgage, charge, lease or
sub-lease, or any other encumbrances, the
undivided share in the transferred land or
transferred parcel forming the additional
common elements held by the owner of the
said parcel shall in all respects be subject to
the same mortgage, charge, lease or sub-
lease or any other encumbrances without any
further assurance; and
(b) the transferred land or part thereof, or the
transferred parcel, as the case may be, shall
form part of the common elements and the
provisions of this Law applicable to common
elements as varied by this section shall apply
to such transferred land or parcel.

(5) The provisions in sections 40, 41, 42, 43,44, 45, 46,
[ 22,39 of 2003]
47, 48 and 49 of the Registration of Title Act, No. 21
of 1998 shall apply, mutatis mutandis, in relation to
the execution of any instrument and for the
registration of such instruments.

Amalgamation18.
of common
(1) Where there are two or more management
elements, &c.
corporations established upon the registration of
separate Condominium Plans by the Registrar, the
[ 11,45 of 1982] owners of all parcels being members of those
[ 23,39 of 2003] management corporations (hereinafter in this section
referred to as ” the transferor management
corporations”) may by their respective special
resolutions at the meetings convened by the transferor
management corporations direct that for the purpose
of amalgamating the common elements within the
Condominium Property which are of the same tenure
and held by them as tenants in common in undivided
shares the relevant transferor management
corporations shall execute an instrument of transfer of
the common elements of those Condominium
Properties so that such common elements shall
become vested as common elements in all the owners
of the parcels as tenants in common in so far as those
transfers affect the common elements, and upon
registration of the instrument of transfer such
common elements shall be amalgamated and held in
the shares proportionate to their respective share
l bj t t th t diti d
parcels subject to the same covenants, conditions and
encumbrances, and for the same term and tenure then
held by the owners of all the parcels in respect of their
respective parcels prior to the date of the registration
of the transfer by the Registrar.
(2) Such transfer shall show the undivided
proportionate share to be held by each owner of a
parcel named therein and shall be executed by the
relevant transferor management corporations.
(3) The procedure laid down in subsections (2), (3) and
(4) of section 16 shall apply, mutatis mutandis, to the
transferor management corporations and the owners
of all the parcels of the Condominium Properties to be
amalgamated under this section.
(4) Upon the amalgamation of the common elements
pursuant to the registration of the transfer by the
Registrar
(a) the transferor management corporations
shall be amalgamated into a single
management corporation (hereinafter in this
section called ” the transferee management
corporation “) which shall be responsible for
all matters relating to the management of the
subdivided buildings and the common
elements relating thereto;
(b) all the members of the transferor
management corporations shall be the
members of the transferee management
corporation;
(c) all the members of the management
councils of the transferor management
corporations shall, until a new management
council is elected for the transferee
management corporation, be deemed to be
the members of the management council of
the transferee management corporation;
(d) all the properties of the transferor
management corporations shall be deemed to
be transferred to and vest in, and all the
liabilities of the transferor management
corporations shall be transferred to and
become the liabilities of, the transferee
management corporation; and
(e) all legal proceedings pending by or against
the transferor management corporations may
be continued by or against the transferee
management corporation.

(5) in this section

(a) ” liabilities ” includes duties; and
(b) ” properties ” includes rights and powers
f d i ti
 of every description.

Application 19.
to court.
(1) Notwithstanding the provisions of sections 16, 17
and 18, the Condominium Management Authority or
[ 11,45 of 1982] an owner of a condominium parcel may make an
[ 24,39 of 2003] application to the District Court of the district in which
the registered Condominium Property is situated
(hereafter in this section, section 20 E, section 20 M
and section 20 Q referred to as ” the court”) for an
order to direct the management corporation or
management corporations to
(a) transfer a part of the common elements; or
(b) accept a transfer of any land or part
thereof or any parcel so that the land or part
thereof or parcel shall form part of the
common elements; or
(c) amalgamate the common elements of two
or more management corporations.

(2) When an application has been made to the court

pursuant to subsection (1), the court, on being
satisfied that it is impracticable to convene a meeting
to pass a special resolution and that having regard to
the rights and interests of the owners of all the parcels
and the persons having registered interests in the
common elements as a whole it is just and equitable
that
(a) the transfer of the part of the common
elements should be made; or
(b) any land or part thereof or parcel should
form part of the common elements or (c) the
common elements of two or more
management corporations should be
amalgamated, may make an order directing
the management corporation or management
corporations to transfer such part of the
common elements, accept the transfer of the
land or part thereof or parcel, or execute an
instrument of transfer of two or more
Condominium Properties so that such
Condominium Properties shall become vested
as one Condominium Property in the owners
of all the parcels as tenants in common in so
far as those Condominium Properties affect
the common elements, as the case may be,
and lodge the transfer with the Registrar.

(3) Every instrument of such transfer or acceptance of

a transfer lodged for registration shall be accompanied
with a certified true copy of the order of court
directing such transfer or acceptance of a transfer.
(4) Upon the registration of the transfer by the
R i
 Registrar
(a) in the case of a disposition of all or part of
the common elements, the owners of all the
parcels and other persons having registered
interests in the common elements shall be
bound to accept the terms of the order of the
court and the provisions of subsection (4) of
section 16 shall apply mutatis mutandis to
such transfer;
(b) in the case of any addition to the common
elements, the provisions of subsections (3)
and (4) of section 17 shall apply mutatis
mutandis to such transfer; and
(c) in the case of the amalgamation of the
common elements of two or more
management corporations, the provisions of
subsection (4) of section 16 and subsections
(2), (4) and (5) of section 18 shall apply
mutatis mutandis to such amalgamation.

Unity of 20. Unity of seisin in two or more parcels shall not destroy
seisin. servitudes or restrictions implied or created by this Law, but on
the cessation of such unity they shall continue in full force and
[ 11,45 of 1982]
effect as if the seizing had never been united.
[ 25,39 of 2003]

Share 20A.
parcels.
(1) The share value of each parcel (except in the case
of an accessory parcel where no share value shall be
[ 11,45 of 1982] allotted) shown in every plan lodged for registration as
[ 26,39 of 2003] a Condominium Plan shall be taken as share parcels.
(2) The determine- share parcels shall
(a) the voting rights of the owners of all the
parcels;
(b) the quantum of the undivided share of
each owner of a parcel in the common
elements, and
(c) the proportion payable by each owner of a
parcel of contributions levied by the
management corporation pursuant to section
20H.

Constitution 20B.
of (1) The owners of the condominium parcels shall, by
management
virtue of this Law, upon registration of the
corporations,
Condominium Plan or the Semi Condominium plan be
&c. a body corporate with perpetual succession and a
common seal and shall be called ‘ the management
[ 11,45 of 1982] corporation “.
(2) The management corporation may
[ 27,39 of 2003]

(a) sue and be sued on any contract made by

i
 it;
(b) sue and be sued in respect of any matter
affecting the common elements; and
(c) be sued in respect of any matter
connected with the Condominium Property of
the Semi Condominium Property for which
the owners of all the condominium parcels
are jointly liable.

(3) Immediately after the establishment of the

[ 27,39 of 2003]
management corporation by virtue of the operation of
this Law the Condominium Management Authority
shall subject to the provisions in the First Schedule to
this Law, summon, not later than three months from
the date of such establishment, the first annual
general meeting of the management corporation and
elect the first council, and such council shall cease to
hold office at the next annual general meeting. Upon
the elections of the first council, subject to the
provisions in the First Schedule, the council shall
perform the duties and exercise the powers of the
management corporation and conduct the business of
the management corporation on its behalf.
(4) The provisions of the First Schedule to this Law
shall have effect in relation to the management
corporation and its council,
(5) If the management corporation makes default in
[ 27,39 of 2003]
complying with any requirements of, or duties
imposed upon it by, any of the provisions of the First
Schedule to this Law the management corporation and
every member of its council, or every owner of a
condominium parcels, who is knowingly a party to the
breach or default, shall be guilty of an offence under
this Law.
(6) Any member of the management council and any
owner of a condominium parcels who makes default in
[ 27,39 of 2003]
complying with any of the provisions of the First
Schedule to this Law or makes default in complying
with any requirements of, or duties imposed upon it
by, any of the provisions of the First Schedule to this
Law shall be guilty of an offence under this Law.
(7) In this section ” owners of all the Condominium
parcels includes the persons entitled to the
condominium Property or the Semi Condominium
Property upon destruction of the subdivided building
pursuant to section 20Q.
(8) The management corporation of the registered
[ 27,39 of 2003]
semi condominium property shall, continue to function
as the management corporation of the registered
condominium property, immediately after the
conversion of such Semi Condominium Property into a
Condominium Property, upon registration of such
C d i i P t b th R i t
 Condominium Property by the Registrar.

Duties, & c, 20C.

of (1) The duties of the management corporation shall
management
include the following:
corporations.
(a) to manage and properly maintain the
common elements and keep them in a state
[ 11,45 of 1982]
of good and serviceable repair;
[ 28,39 of 2003]
(b) unless otherwise directed by unanimous
resolution, to insure and keep insured the
subdivided building to the replacement value
thereof against fire and such other risks as
may be prescribed under this Law;
(c) to effect such other insurance of the
subdivided building as may be required by
law;
(d) to insure against such other risks as the
owners of all the condominium parcels may
by special resolution direct.;
(e) to forthwith apply insurance moneys
received by it in respect of damage to the
subdivided building in rebuilding and
reinstating it so far as it may be lawful to do
so;
(f) to pay premiums on any policy of insurance
effected by it;
(g) to comply with any notice or order made
by any Government, public or statuary
authority requiring the abatement of any
nuisance on the common elements or
ordering repairs or other work to be done in
respect of the common elements or any
building or other improvement on the
Condominium Property or Semi
Condominium Property” ; ;
(gg) to comply with any notice or order made
[ 28,39 of 2003]
by any government, public authority requiring
the removal of any unauthorized
constructions effected to any Condominium
Property or Semi Condominium Property in
contravention of the approved building plan,
and to request and to assist the
Condominium Management Authority or the
Urban Development Authority or the local
authority for such removal ;
(h) to comply with any such notice or order as
is referred to in paragraph (g) given or made
in respect of any of the condominium parcels,
if the owner of a condominium parcel fails to
do so within a reasonable time:
and (1) to pay the rent (if any) on the land on
hi h h bdi id d b ildi i d
 which the subdivided building is erected-

(2) The powers of the management corporation shall

include the following:
(a) to take lawful steps to recover from any
owner of a condominium parcel any sum
expended by the management corporation in
respect of that owner’s condominium parcel
in complying with any such notice or order as
is referred to in paragraph (h) of subsection
(1);
(aa) to contract with the National Water
[ 28,39 of 2003]
Supply and Drainage Board, the Ceylon
Electricity Board, any local authority, any
other authority or any other licensee for the
supply water, electricity and other utilities for
all condominium parcels of the building and
to provide such services to all owners of the
Condominium parcels, on recovery of service
charges, and monthly charges for such
consumptions ;
(bb) to take every step to recover the monthly
[ 28,39 of 2003]
charges, for the consumption of water,
electricity and other utilities provided by the
National water Supply and Drainage Board,
the Ceylon Electricity Board, any local
authority any other authority or licensee by
way of discontinuance of individual
connections for water or electricity or other
utilities and to continue the discontinuance of
such supply to such condominium parcel,
until the respective charges are being paid to
the management corporation by the
respective owner or owners of the
condominium parcel or parcels;
(b) to purchase, hire or otherwise acquire
movable property for use by the owners of all
the condominium parcels in connection with
their enjoyment of the common elements;
(bb) to levy a monthly contribution on the
[ 28,39 of 2003]
owners of all the condominium parcels in
proportion to the share parcels of their
respective condominium parcels for the
purposes mentioned in section 20H and to
recover such contribution from the owners of
all the condominium parcels.
(c) to borrow moneys required by it in the
exercise of its powers or the performance of
its duties;
(d) to secure the repayment of moneys
borrowed by it and the payment of interest
thereon by negotiable instrument or by a
h f id ib i h
 charge of unpaid contributions to the
management fund, whether already levied or
not; and
(e) to take lawful steps necessary for the
performance of its duties under this Law and
for the enforcement of the by-laws set out in
the Second Schedule to this Law.
(f) to take every steps to prevent and to
remove all unauthorized constructions
[ 28,39 of 2003]
effected to the Condominium Property or
Semi Condominium Property in contrary to
the approved building plan and to request or
assist the Condominium Management
Authority or the Urban Development
Authority or any local authority to remove
such unauthorized constructions.

(3) Immediately after the establishment of the

management corporation by virtue of the operation of
this Law the Condominium Management Authority
shall subject to the provisions in the First Schedule to
this Law, summon, not later than three months from
the date of such establishment, the first annual
general meeting of the management corporation and
elect the first council, and such council shall cease to
hold office at the next annual general meeting. Upon
the elections of the first council, subject to the
provisions in the First Schedule, the council shall
perform the duties and exercise the powers of the
management corporation and conduct the business of
the management corporation on its behalf.
(4) A policy of insurance taken out by the management
corporation under this section in respect of the
subdivided building shall not be liable to be brought
into contribution with any other policy of insurance,
except another policy taken out under this section in
respect of the same subdivided building.
(5) Where the management corporation performs any
repairs, work or act (whether or not the repairs, work
or act were or was performed consequent upon the
service on it by any Government or statutory authority
of any notice or order), and the repairs, work or act
were or was wholly or substantially the liability or the
responsibility of the owner of a condominium parcel
only or wholly or substantially for the benefit of some
of the condominium parcels only or wholly or
substantially the liability or the responsibility of the
owners of some of the condominium parcels only, any
money expended by the management corporation in
performing the repairs, work or act shall
(a) in the case where the repairs, work or act
were or was wholly or substantially the
liability or the responsibility of the owner of a
d i i l l b bl b
 condominium parcel only, be recoverable by
the management corporation in an action in
any court of competent jurisdiction as a debt
due to it jointly and severally from (i) the
relevant owner of the condominium parcel at
the time when the repairs, work or act were or
was performed ; and (ii) the relevant owner of
the condominium parcel at the time when the
action was commenced; or
(b) in the case where the repairs, work or act
were or was wholly or substantially for the
benefit of some of the condominium parcels
only or wholly or substantially the liability or
the responsibility of the owners of some of
the condominium parcels only, be recoverable
by the management corporation in an action
in any court of competent jurisdiction as a
debt due to it jointly and severally from
(i) the relevant owner of each of such
Condominium Property or Semi
Condominium Property at the time
when the repairs, work or act were or
was performed; and
(ii) the relevant owner, of each of such
condominium parcels at the time
when the action was commenced, the
amount payable by any owner and
former owner in respect of any
condominium parcel being not more
than the proportion of the debt which
the share condominium parcel of the
condominium parcel then bears to the
aggregate share condominium parcels
of all those condominium parcels.

(6) An owner of a condominium parcel who is not the

owner of the condominium parcel at the time when
the repairs, work or act referred to in subsection (5)
were or was performed shall not be liable to pay to the
management corporation any amount due under that
subsection if he has, at any time on or within twenty-
one days before the date he acquired the title or
interest in the condominium parcel, made a requisition
in writing to the management corporation to inquire
about the amount (if any) recoverable by the
management corporation under that subsection in
respect of the condominium parcel and the
management corporation has
(a) certified that no amount is then
recoverable by the management corporation
in respect of the condominium parcel
pursuant to subsection (5); or
(b) not given a reply to the requisition at any
i i hi f d f h d f h
 time within fourteen days of the date of the
service of the requisition, and where the
management corporation has certified that
any amount is due under subsection (5), the
liability of such owner shall be limited to the
amount so certified.

(7) Where the management corporation incurs any

expenditure or performs any repairs, work or act
(whether or not the expenditure was incurred or the
repairs, work or act were or was performed
consequent upon the service on it by any Government
or statutory authority of any notice or order) and the
expenditure or the repairs, work or act were or was
rendered necessary by reason of any willful or
negligent act or omission on the part of, or breach of
any provision of its by-laws by any person or his
tenant, lessee, licensee or invitee, the amount of that
expenditure of any money expended by it in
performing the repairs, work or act shall be
recoverable by it from that person as a debt in an
action in any court of competent jurisdiction.
(8) The generality of this section shall not be
prejudiced by any other provisions of this Law
conferring a power or imposing a duty on the
management corporation.

Policies of 20D.
insurance.
(1) Notwithstanding any existing policy of insurance
effected on a subdivided building the owner of a
[ 11,45 of 1982] condominium parcel may effect a policy of insurance
[ 29,39 of 2003] in respect of damage to his condominium parcel in a
sum equal to the amount secured by a subsisting
mortgage thereon and owing as at the date of the
damage or loss caused to the condominium parcel.
(2) Where any such policy of insurance is in force
(a) payment shall be made by the insurer
under the policy to the registered mortgagees
in order of their respective priorities, subject
to the terms and conditions of the policy;
(b) subject to the terms and conditions of the
policy, the insurer shall be liable to pay
thereunder
(i) the value stated in the policy;
(ii) the amount of the damage or loss;
or
(iii) the amount sufficient, at the date
of the damage or loss, to discharge
the mortgage charged upon the
condominium parcel, whichever is the
least amount;
 condominium parcel
(c) where the amount so paid equals the
amounts necessary to discharge a mortgage
charged upon the condominium parcel the
insurer shall be entitled to a transfer of the
mortgage ; and
(d) where the amount so paid by the
insurance is less than the amount necessary
to discharge a mortgage charged upon the
condominium parcel the insurer shall be
entitled to secure the amount so paid on
terms and conditions agreed upon as
provided in subsection (3) or, failing
agreement, on the same terms and conditions
as those contained in the mortgage.

(3) For the purposes of paragraph (d) of subsection (2)

any insurer and mortgagee may at any time, whether
before or after a policy of insurance has been effected
by the owner of a condominium parcel, agree upon the
terms and conditions of the sub mortgage.
(4) Nothing in this section shall limit the right of the
owner of a condominium parcel to insure against risks
other than damage to his condominium parcel.
(5) The policy of insurance authorized by this section
and taken out by the owner of a condominium parcel
in respect of damage to his condominium parcel shall
not be liable to be brought into contribution with any
other policy of insurance save another policy taken out
under this section in respect of damage to the same
condominium parcel.
(6) The provisions of this section shall apply not
withstanding the provisions of any law relating to
insurance.

Appointment 20E.
of
(1) The court on the application of the Condominium
administrator
Management Authority or the Management
by court.
Corporation, the owner of a condominium parcel or
any other person or body having a registered interest
[ 11,45 of 1982] in a condominium parcel may appoint an administrator
[ 30,39 of 2003] for the management corporation for a fixed or
indefinite period and on such terms and conditions as
to remuneration or otherwise as the court thinks fit.
(2) The remuneration and expenses of the
administrator shall be charged upon the management
fund of the management corporation.
(3) The administrator, to the exclusion of the
management corporation, shall have the power and
shall perform the duties of the management
ti h f th th t d
 corporation, or such of them as the court may order:
Provided that the provisions of this subsection shall
not prevent an application by the management
corporation under subsection (4) for the removal or
replacement of the administrator.
(4) The court on the application of the administrator or
any person or body entitled to apply under subsection
(1) may remove or replace the administrator.
(5) An administrator when appointed shall forthwith
lodge with the Registrar and the Common Amenities
Board an office copy of the order of court making his
appointment.
(6) Where an order of court for removal or
replacement of an administrator has been granted to
any person, such person shall forthwith lodge with the
Registrar and the Common Amenities Board an office
copy of such removal or replacement.
(7) On any application made under this section the
court may make such order for the payment of costs
as it thinks fit.

Common 20F.
Amenities
(1) W h e r e the Common Amenities Board is satisfied
Board to
that the management corporation is not carrying out
perform its duties or performing its business satisfactorily and
duties of
is of the opinion that certain duties must be carried
management
out urgently or immediate action must be taken with
corporation
respect to matters of concern to the management
until
corporation and the owners of all the condominium
administrator
parcels, the Common Amenities Board shall have the
is appointed. power and may perform the duties of the management
corporation until such time an administrator is
[ 11,45 of 1982] appointed under section 20E.
(2) The expenses incurred by the Common Amenities
[ 31,39 of 2003]

Board for and on behalf of the management

corporation shall be a charge upon the management
fund of the management corporation.
(3) When the Common Amenities Board has exercised
the powers conferred upon it under this section it shall
as soon as possible notify the management
corporation concerned or every member thereof or the
person responsible for the management of the
subdivided building and the common elements.

By-laws for 20G.

regulating
(1) Every subdivided building shown in a Condominium
the control,
Plan or in a Semi Condominium Plan shall be regulated
management, by by-laws which shall provide for the control,
&c, of
management, administration, use and enjoyment of
subdivided
the condominium parcels and the common elements.
buildings.
(2) The by-laws shall include the by-laws set out in
S d S h d l t thi L hi h h ll t b
 Second Schedule to this Law which shall not be
amended or replaced by the management corporation.
[ 11,45 of 1982]

[ 32,39 of 2003]

(3) The by-laws set out in the Second Schedule to this

[ 32,39 of 2003]
Law, shall, with effect from the registration of
Condominium Plan or a Semi condominium Plan, be in
force for all purposes in relation to every sub-divided
building.
(4) The management corporation may, subject to the
[ 32,39 of 2003]
provisions of this Law and any other written law by
special resolution make additional by-laws, not
inconsistent with the by-laws set out in the Second
Schedule to this law, for safety and security measures,
details of any common property of which the use is
restricted, the keeping of pets, parking, floor
coverings, garbage disposal, behavior, architectural
and landscaping guidelines to be observed by the
owners of the Condominium Parcels, and any other
matters necessary for the efficient management of the
Condominium Property and common elements of the
Condominium Property or Semi Condominium
Property of the relevant registered Condominium Plan
or registered Semi Condominium Plan.
(5) The by-laws for the time being in force in respect
of the subdivided buildings shall bind the
management corporation and the owners of all the
condominium parcels to the same extent as if they
constituted properly executed agreements
(a) keep a record of the by-laws in force from
time to time; and
(b) on receipt of an application in writing
made by the owner of a condominium parcel
or by a person duly authorized to apply on
behalf of the owner of a condominium parcel
for a copy of the by-laws in force, supply to
such owner or duly authorized person at a
reasonable cost a copy of the by-laws; and
(c) on the application of any person who
satisfies the Condominium Management
Authority, or the management corporation
that he has a proper interest in so applying,
make available for inspection the bylaws.

(6) The management corporation and the

[ 32,39 of 2003]
Condominium Management Authority shall
(a) keep a record of the by- laws in force from
time to time;
(b) on receipt of an application in writing
made by the owner of a unit or by a person
duly authorized to apply on behalf of the
owner of a suit for a copy of the by-laws in
force, supply to such owner or duly
authorized person at a reasonable cost a copy
f h b l d
 of the by-laws.; and
(c) on the application of any person who
satisfies the management corporation that he
has a proper interest in so applying, make
available for inspection the by-laws.

(7) No by-law shall be capable of operating

[ 32,39 of 2003] (a) to prohibit or restrict the assurance of any
condominium parcel; or
(b) to destroy or modify any servitude
expressly or impliedly created by or under this
Law.

(8) A copy of every by-law made by the management

corporation and every modification or amendment of
any by-law for the time being in force, certified as a
true copy under the seal of the management
corporation, shall be lodged by the management
corporation with the Common Amenities Board.
(9) The Condominium Management Authority or the
[ 32,39 of 2003]
management corporation or any owner of a
condominium parcel shall be entitled to apply to the
Court
(a) for an order to enforce the performance of
or to restrain the breach of any by-law by; or
(b) to recover damages for any loss or injury
to any person or property arising out of the
breach of any by-law from any person bound
to comply therewith, the Condominium
Management Authority or the management
corporation or the administrator, and the
court may make such order against any such
person, the management corporation or the
members of its council, or the administrator,
as the court thinks fit.

(10) Every owner or occupier of a unit who commits a

[ 32,39 of 2003]
breach of any of the by-laws in the Second Schedule
to this Law or makes default in complying with the
provisions of the said by-laws, and every owner of a
condominium parcel who is knowingly a party to the
breach or default, shall be guilty of an offence under
this Law.

Establishment20H.
of (1) The management corporation shall establish a fund
management
for administrative expenses to which the following
fund
shall be credited:
(a) the contribution levied or, by the
[ 11,45 of 1982]
corporation and paid by, the owners for
payment into the fund ;
[ 33,39 of 2003]

(b) fines, interests, penal charges, premiums

i h dd i l i db
 reconnection charges, and deposits levied by
the corporation, and paid by the owners for
payment in to the fund ;
(c) the proceeds of the disposal of any
persona! property of the corporation ;
(d) all such sums of money as may be
received by the corporation in the exercise,
discharge and performance of its powers,
functions and duties;
(e) all such sums of money as may be received
by the corporation by way of loans, donations,
gifts or grants from any sources whatsoever,
whether in or outside in Sri Lanka.

“(1A) There shall be paid out of the management fund

[ 33,39 of 2003]
of the corporation all such sums of money required to
defray any expenditure incurred by the corporation in
the exercise, discharge and performance of its powers,
functions and duties, subject to the limitation specified
in this Law:
(2) The management corporation may by a unanimous
[ 33,39 of 2003]
resolution or by a general resolution and with the
concurrence of the Condominium Management
Authority, invest as it thinks fit any moneys of the
management fund :
Provided, however such resolution and concurrence
shall not be required for the investment in any fixed
deposit account with a licensed commercial bank, in
any Treasury Bill, in the State Mortgage and
Investments Bank or the Housing Development and
Finance Corporation (Bank).”.
(3) For the purposes of establishing and maintaining
[ 33,39 of 2003]
the management fund, the management corporation
for the purposes mentioned in subsection (1) may, at a
general meeting
(a) determine from time to time the amounts
to be raised as contributions ;
(b) raise the amounts so determined by
levying contributions on the owners of all the
condominium parcels in proportion to the
share parcels of their respective
condominium parcels ;
(c) determine the amount of interest payable
by the owner of condominium parcels in
respect of late contributions ;
(d) determine the amount of deposit or penal
charges or reconnection charges, in the event
of disconnection of services such as water,
electricity or other utilities provided to the
respective condominium parcels and payable
by the owner of such condominium parcels.”;
 (3A) The management corporation shall establish a
sinking Fund, (hereinafter referred to as the sinking
[ 33,39 of 2003]
Fund) as part of the management fund for the
emergency expenses of any major repair to the
common elements or discharge any other similar
obligation of the corporation and shall
(a) from time to time at any general meeting
determine the amounts to be set aside to the
sinking fund ;
(b) not proceed to incur any expenditure out
of the sinking fund unless a special resolution
or a general resolution with the concurrence
of the Condominium Management Authority,
has been passed as regards the specified
amount to be incurred as expenditure.

(4) On application by or on behalf of a person who is

[ 33,39 of 2003]
the owner of a condominium parcel or by or on behalf
of a prospective purchaser of a condominium parcel
that is offered for sale or by or on behalf of the
mortgagee or prospective mortgagee of a
condominium parcel, the management corporation
shall issue to that person a certificate certifying
(a) the amount determined pursuant to
subsection (3) as the contributions of that
owner;
(b) the time and manner of payment of the
amount determined by it pursuant to that
subsection;
(c) the extent (if any) to which the
contribution has been paid;
(d) the amount (if any) then recoverable by
the management corporation in respect of
the condominium parcel pursuant to
subsection (5) of section 20c;
(e) the Slim or the respective sums standing
to the credit of the fund or funds kept and
maintained by the management corporation
pursuant to subsection (1), and the amount or
respective amounts out of that fund or those
funds committed or earmarked for any
expenses already incurred by the
management corporation; and
(f) whether or not the management
corporation has incurred any expenditure or
performed or is about to perform any repairs,
work or act in respect of which a liability is
likely to be incurred by the owner or a
condominium parcel under any provision of
this Law and, if so, the estimated amount of
the expenditure or the general nature of the
i k t d i t th
 repairs, work or act, and as against the
management corporation and in favour of any
person (including the member) relying in
good faith on such certificate, that certificate
shall be conclusive evidence of the matters
certified therein.

(5) Any contribution levied under subsection (3) in

[ 33,39 of 2003]
respect of a condominium parcel shall be due and
payable on the passing of a resolution to that effect by
the management corporation, and in accordance with
the terms of that resolution, and may be recovered as
a civil debt from the owner of, or his successor in title
to, the condominium parcel.
(6) For the purposes of subsection (5) ” owner of a
[ 33,39 of 2003]
condominium parcel includes the person for the time
being receiving the rent of the condominium parcel
whether as agent or trustee or as receiver, and who
would receive the same if the condominium parcel
were let to a tenant.

Recovery of 20J.
contributions.
(1) Where
(a) any contribution has been levied under
[ 11,45 of 1982]
subsection (3) of section 20H in respect of a
[ 33,39 of 2003]
condominium parcel; or
(b) any amount is recoverable by the
management corporation in respect of a
condominium parcel pursuant to subsection
(5) of section 20C, and such contribution or
amount remains unpaid on the expiry of a
period of fourteen days after the
management corporation has sent a written
demand for the contribution or amount, that
contribution or amount including any interest
due thereon (if any) shall constitute a first
charge on the condominium parcel in favour
of the management corporation.

(2)The management corporation shall, subject to the

provisions of subsection (3), have the power of sale
and all other powers relating or incidental thereto as if
such management corporation was a registered
mortgagee and the amount of contribution due
(including any interest thereon) shall be subject to all
statutory rights and charges of any Government or
statuary authority over the condominium parcel and to
all encumbrances registered or notified prior to the
date of lodgment of the said instrument of charge.
(3)The management corporation shall not proceed
under subsection (2) to sell the condominium parcel
unless
(a) a special resolution has been passed by
th t ti t h th
 the management corporation to have the
condominium parcel sold ;
(b) a notice of the intended sale has been
published once in one or more daily
newspapers;
(c) during the period of six weeks after the
date of such publication no payment has
been made for the amount of contribution
including interest thereon due and the cost of
publication specified in paragraph (b) as well
as any other necessary incidental charges;
and
(d) there is no legal action pending in court to
restrain the management corporation from
proceeding with the sale.

(4) Where a transfer of any condominium parcel has

been made by the management corporation in the
exercise of its power of sale as a charge pursuant to
the provisions of subsection (3) and lodged with the
Registrar for registration
(a) such transfer shall not be accepted for
registration unless there has been lodged
with the Registrar
(i) a certified true copy of the special
resolution of the management
corporation authorizing the exercise
of its power of sale with the seal of the
management corporation affixed
thereto in the presence of two
members of the council of the
management corporation;
(ii) a copy each of the notice of the
publication specified in paragraph (b)
of subsection (3); and
(iii) a statutory declaration made by
two members of the council of the
management corporation referred to
in sub-paragraph (i) of this paragraph
jointly stating that the contribution
and interest due thereon including all
necessary incidental charges have not
been paid and that there is no legal
action pending in court to restrain the
management corporation from
proceeding with the sale of the
condominium parcel; and

(b) neither the purchaser of the condominium

parcel from the management corporation nor
the Registrar shall be concerned to enquire
into the regularity or validity of the sale or
transfer.
 (5) Where the management corporation has wrongfully
or otherwise exercised its power of sale in
contravention of the provisions of this section every
member of the council of the management
corporation present when the special resolution was
passed or in whose presence the seal of the
management corporation was affixed to the certified
true copy of the special resolution passed and lodged
with the transfer pursuant to subsection (4) of this
section shall be guilty of an offence under this Law.
(6) The condominium parcel shall, upon payment of
the amount of contribution due including all interest
thereon and any necessary incidental charges, be
discharged by the management corporation upon the
receipt of such payment.
(6A) Notwithstanding any thing to the contrary in this
[ 33,39 of 2003]
Law or any other written law, the management
corporation shall have the power to disconnect the
supply of services such as water services electricity or
any other utilities provided to the individual
condominium parcel through the management
corporation, by the National Water Supply and
Drainage Board, the Ceylon Electricity Board, any local
authority any other authority or licensee, if the owner
of the condominium parcel fails to pay any of the
amounts demanded as per the provisions specified in
section 20H of this Act, by the management
corporation. The management corporation shall not
proceed to disconnect such supply, unless
(a) a resolution is specially passed approving
the discontinuance of such service ;
(b) fourteen days notice of the intended
discontinuance along with the copy of the
resolution so passed is sent by registered mail
to the owner of the particular condominium
parcel.

(7) The provisions of this section shall be without

prejudice to the rights and powers conferred on the
management corporation by subsection (5) of section
20C or subsections (5) and (6) of section 20H to
recover the contribution or amount due and all interest
thereon including any legal costs and incidental
charges necessarily incurred for the recovery of such
contribution or amount in respect of any condominium
parcel as a civil debt from the owner of, or his
successor in title to, the condominium parcel.
(8) In this section ” Government or statutory authority”
shall include any person, corporation or body,
authorized or empowered by any written law to attach,
sell or acquire land compulsorily.
Liability of 20K.
members of
(1) The payment of any amount lawfully incurred by
management the management corporation in the course of the
corporation.
exercise of any of its powers or functions or the
carrying out its duties or obligations shall, by virtue of
[ 11,45 of 1982] this section, be guaranteed by the persons who, for
[ 35,39 of 2003] the time being and from .time to time, are the
members of the management corporation, the
member who is or the members who are the owner or
owners of each condominium parcel being liable under
such guarantee only for such proportion of the money
so incurred as the share parcel of that condominium
parcel bears to the aggregate share parcel of all the
condominium parcel.
(2) Where
(a) by reason of any liability of a member or
former member of the management
corporation under subsection (1) that
member or former member has, in respect of
any matter, been obliged to pay, and paid,
more than the proportion for which he was
liable in respect of that matter under
subsection (3) of section 20H ; and
(b) any other member or members of the
management corporation has or have not
discharged or fully discharged his or their
liability under that subsection in respect of
that same matter,

the member or former member referred to in

paragraph (a) of this subsection shall be entitled to
recover from the member or members referred to in
paragraph (b) of this subsection in any court of
competent Jurisdiction, as a debt due to him from that
member or those members, an amount not exceeding
the amount by which the aggregate amount paid by
him in respect of that matter exceeded the amount of
the proportion for which he was liable in respect of
that matter under subsection (3) of section 20H, but
no member referred to in paragraph (h) of this
subsection shall be held liable to pay under this
subsection more than the amount remaining
undischarged of his liability in respect of that matter
under subsection (3) of section 20H.

Powers of 20L.
voting of
(1) Where the owner of a condominium parcel is for
owners
any reason unable to control his property, the powers
unable to of voting conferred on him by the First Schedule to
control his
this Law shall be exercisable by the person who is for
property.
the time being authorized by law to control that
t
 property.
[ 11,45 of 1982]
(2) Where the owner’s interest is subject to one or
more registered mortgages, the powers of voting
[ 36,39 of 2003]

conferred on him by the First Schedule to this Law

(a) shall, in any case where an unanimous
resolution is required, be exercised by the
mortgagee first entitled in priority either
personally or by proxy unless such mortgagee
has at any time prior to the general meeting
given notice in writing to the condominium
management authority or management
corporation that he does not intend to
exercise the said powers of voting;
(b) in any other case, may be exercised by the
owner unless the mortgagee first entitled in
priority has at any time prior to the general
meeting given written notice to the
management corporation of his intention to
exercise the said powers of voting and in such
event the powers of voting shall be exercised
by the mortgagee when the mortgagee is
present personally or by proxy at the general
meeting and if the mortgagee or his proxy is
not present at the general meeting, then the
powers of voting may subject to the
provisions of paragraph (c) be exercised by
the owner;
(c) in any case where the mortgagee first
entitled in any priority does not wish to
exercise his powers of voting, the registered
mortgagee entitled next in priority or his
proxy may exercise the powers of voting
conferred upon the mortgagee first entitled in
priority and if the registered mortgagee
entitled next in priority or his proxy is not
present at the said general meeting then such
powers of voting may be exercised by the
owner.

(3) A registered mortgagee shall not be entitled to

exercise his powers of voting conferred by subsection
(2) unless he has notified his interest to the
management corporation.
Power of 20M. Where the court, on the application of the Condominium
court to Management Authority or the management corporation or the
appoint owner of a condominium parcel, is satisfied that there is no
Public. person or body able to vote in respect of a condominium parcel,
Trustee to the court
exercise
(a) shall, in cases where an unanimous resolution is
voting required by this Law; and
powers in
certain (b) may, in any other case, appoint the Public Trustee
cases. or some other fit and proper person or body for the
purpose of exercising such of the powers of voting
attached to the condominium parcel under this Law as
the court may determine.
[ 11,45 of 1982]

[ 37,39 of 2003]

Service of 20N.
notice and
(1) The management corporation shall at or near the
documents. front building alignment of the Condominium Property
or Semi Condominium Property
[ 11,45 of 1982]
(a) cause to be continuously displayed a
notice showing the name of the management
[ 38,39 of 2003]

corporation and the address for service of

documents shown on the registered
Condominium plan or Registered Semi
Condominium Plan; and
(b) where the address for service of
documents shown on the registered Semi
Condominium Plan is the postal address of
the building erected within the Condominium
Property or Semi Condominium Property,
cause to be continuously available a
receptacle suitable for purposes of postal
delivery with the name of the management
corporation clearly shown thereon.

(2) Where the address for service of documents is

altered the Condominium Management Authority or
the management corporation shall forthwith notify the
Registrar and the Common Amenities Board of the
alteration, and the Registrar shall amend the
registered Semi Condominium Plan accordingly.
(3) A document may be served on the management
corporation by sending it by registered post addressed
to the, management corporation at the address shown
on the registered Semi Condominium Plan or any
amendment thereto.
(4) Any notice sent by registered post to the last
recorded address of the management corporation
shall be deemed to be duly served on the
management corporation at the time when a letter
would in the ordinary course of post be delivered, and
notwithstanding the fact that the letter may be
returned through the post office undelivered.
(5) For the purposes of this section ” document ”
i l d i d d h l l
 includes summons, notice, order and other legal
process.

Procedure 20P. Where a subdivided building shown in a “Condominium

when Plan” or in a “Semi Condominium Plans damaged but is not
subdivided totally destroyed the management corporation shall in the
building is following priority:
damaged.
(a) notify the Condominium Management Authority
[ 39,39 of 2003]
and the insurer immediately and reinstate the
[ 11,45 of 1982] damaged portion of the subdivided building and
[ 39,39 of 2003] provide a scheme for the continued use of the
subdivided building in whole or in part subject to the
supervision of the Condominium Management
Authority
(b) apply the insurance moneys received by the
management corporation in respect of damage to the
subdivided building towards the scheme of
reinstatement and continued use of the subdivided
building referred to in paragraph (a);
(c) direct the payment of the insurance moneys
received by the management corporation to the
owners of the condominium parcels or some or one or
more of them whose condominium parcels were
damaged or destroyed.

Destruction 20Q.
of (1) For the purposes of his Law, a subdivided building
subdivided
shown in a Condominium Plan or Semi Condominium
buildings.
Plan shall be deemed to be destroyed when the
owners of all the condominium parcels by unanimous
[ 11,45 of 1982] resolution resolve that the subdivided building be
[ 40,39 of 2003] destroyed.
(2) Upon destruction of the subdivided building the
[ 40,39 of 2003]
management corporation shall forth with lodge with
the Registrar and the Condominium Management
Authority a notice of its destruction.
(3) On receipt of that notice the Registrar shall enter a
notification of the destruction of the subdivided
building and a memorial of the vesting of the
‘Condominium Property or Semi Condominium
Property in the owners as tenants in common in the
registered Condominium Plan or Semi Condominium
Plan and in the volume and folio of the land register
comprising the ‘Condominium Property or Semi
Condominium Property.
(4) Upon the entry of that memorial
(a) each owner shall cease to be the owner of
the parcel and shall be entitled to the
‘Condominium Property or Semi
Condominium Property as a tenant in
common with the other owners in the shares
proportional to his share condominium
l d f th t d t
 parcels and for the same term and tenure
held by him in respect of his parcel;
(b) any subsisting encumbrance registered
against his parcel shall be an encumbrance on
his share in the land comprising the
‘Condominium Property or Semi
Condominium Property, and a memorial or
notification of the encumbrance entered in
the volume and folio of the land register
comprising that land shall bear the same date
as the date of registration of that
encumbrance against his parcel; and
(c) all statutory servitudes implied under this
Law shall cease to affect the land comprising
the ‘Condominium Property or Semi
Condominium Property or any part thereof.

(5) The former owners may by unanimous resolution

direct the management corporation to transfer the
‘Condominium Property or Semi Condominium
Property or any part thereof.
(6) The management corporation, if it is satisfied that
the resolution was duly passed and that all persons
having registered interests in the ‘Condominium
Property or Semi Condominium Property have
consented in writing to the release of their respective
interests in the land comprising the ‘Condominium
Property or Semi Condominium Property or any part
thereof, intended to be transferred, shall execute the
appropriate transfer, and the transfer shall be valid
and effective without execution by any person having
a registered interest in the ‘Condominium Property or
Semi Condominium Property, and the receipt of the
management corporation for any moneys payable to
the management corporation under the transfer shall
be a sufficient discharge, and shall exonerate the
person taking under the transfer from seeing to the
application or being answerable for any loss or
misapplication of the moneys expressed to have been
so received.
(7) A transfer executed by the management
corporation pursuant to the last preceding subsection
shall not be accepted for registration unless
accompanied by a certificate under the seal of the
management corporation that the resolution was duly
passed and that all necessary consents were given,
and such a certificate shall, in favour of a purchaser of
the ‘Condominium Property or Semi Condominium
Property and in favour of the Registrar, be conclusive
evidence of the facts stated therein.
(8) When land or any part thereof is transferred by a
former owner or the management corporation after a
notice of destruction of the subdivided building has
b l d d ih h R i
 been lodged with the Registrar
(a) the former owner, if he is transferring, shall
surrender to the Registrar his title deeds
relating to his parcel;
(b) the management corporation, if it is
transferring on behalf of all the former
owners, shall surrender to the Registrar on
behalf of all the former owners their title
deeds; and
(c) The Registrar on receipt of the
[ 40,39 of 2003]
Condominium Title certificates relating to the
condominium parcel or condominium parcels,
as the case may be shall cancel the
Condominium Title certificates make the
necessary entries in the registers of
Condominium Parcels of the Condominium
Property or Semi Condominium Property, and
thereafter the transferee shall deal with the
land parcel in accordance with the provisions
of the Registration of Title Act. No. 21 of
1998.

(9) Notwithstanding the termination of a subdivision

under this section the relevant record of the subsidiary
register of ‘Condominium Property or Semi
Condominium Property may be used in evidence as a
record of matters relating to the subdivision before its
termination so long as the management corporation
continues in existence.
(10) Where a transfer of the Condominium Property or
[ 40,39 of 2003]
Semi Condominium Property pursuant to subsection
(5) has been lodged with and registered by the
Registrar, the management corporation shall continue
in existence for the purpose of winding up its affairs
subject to the supervision of the Condominium
Management Authority.
(11) The court may, on the application of the
[ 40,39 of 2003]
Condominium Management Authority or the
Management Corporation or its administrator, a
former owner or a former mortgagee, by order 1 make
provision for the winding up of the affairs of the
management corporation and for the appointment of
a liquidator to carry out the winding up.
(12) Unless and until a liquidator is appointed by court
for the purpose of carrying out the winding up of the
[ 40,39 of 2003]
affairs of the management corporation, the Council of
the management corporation, shall continue to
perform the management corporations’ business for
the purpose of winding up its affairs, subject to the
supervision of the Condominium Management
Authority. On the appointment of a liquidator all the
powers of the council of the management corporation
shall cease and the liquidator shall have the power to
h i ’ b i f
 carry on the management corporations’ business for
the purpose of winding up its affairs subject to the
supervision of the Condominium Management
Authority.
(13) On the management corporation being wound up
(a) every former owner shall be liable to
contribute to the assets of the management
corporation to an amount sufficient for the
payment of its debts and liabilities and the
costs, charges and expenses of the winding
up ; and
(b) the assets of the management
corporation, if any, shall be distributed among
the former owners, in the same proportion as
the proportion of contribution which such
former owners would have been liable for in
accordance with section 20A.

(14) The court may on an application by the

[ 40,39 of 2003]
Condominium Management Authority, a former owner,
a former mortgagee or the liquidator and on being
satisfied that the affairs of the management
corporation have been wound up make an Order that
the liquidator be released and that the management
corporation be dissolved and on lodgment of such
Order for registration under this Law, the Registrar
shall then register and cancel the records in the title
register in respect of condominium parcels of the
condominium property or semi condominium property,
and shall notify such cancellation to the Condominium
Management Authority.
(15) In this section
(a) ” former mortgagee ” means a person who,
or a body which, immediately before the
subdivision of a subdivided building is
terminated under this section, was the
registered mortgagee of a parcel, forming
part of the subdivided building;
(b) ” former owner ” means a person who, or a
body which, immediately before the
subdivision of a subdivided building is
terminated under this section, was the owner
of a parcel, forming part of the subdivided
building.

Offences 21.
and
(1) Every person who contravenes of fails (o comply
penalties.
with any provision of this Law or any regulation made
thereunder or any order or direction lawfully given
under this Law shall be guilty of an offence under this
Law.
(2) Every person who is guilty of an offence under this
L h ll i ti ft ti lb f
 Law shall on conviction after summary trial before a
Magistrate be liable to imprisonment of either
description for a period not exceeding six months or a
fine not exceeding one thousand rupees or to both
such imprisonment and fine and if such offence is a
continuing offence to an additional fine of one
hundred rupees for each day on which the offence is
continued after conviction.
(3) Notwithstanding anything to the contrary in any
other law. every offence under this Law shall be a
cognizable offence within the meaning and for the
purposes of the Code of Criminal Procedure Act.
(4) Where an offence under this Law is committed by a
body of persons, whether corporate or unincorporate,
every person who at the time of the commission of the
offence was a director, general manager, secretary or
other similar officer of such body of persons shall be
deemed to be guilty of that offence unless he proves
that the offence was committed without his consent or
connivance and that he exercised all such diligence to
prevent the commission of that offence as he ought to
have exercised having regard to the nature of his
functions and in all the circumstances.

Provisions of 23.* The Partition Law shall not apply to any land or building
Partition comprised in any registered Condominium Plan. (*Section 22,
Law not to repealing the Condominium Property Act, No. 12 of 1970, is
apply in omitted from this Edition.)
certain
cases.
Regulations. 24.
(1) The Minister may make regulations for the purpose
of carrying out or giving effect to the principles and
provisions of this Law.
(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation
on the date of such publication or on such later date
as may be specified in the regulation;
(3) Every regulation made by the Minister shall, as
soon as convenient after its publication in the Gazette,
be brought before Parliament for approval. Any
regulation which is not so approved shall be deemed
to be rescinded as from the date of disapproval, but
without prejudice to any thing previously done
thereunder.
(4) Notification of the date on which any regulation
made by the Minister is so deemed to be rescinded
shall be published in the Gazette.
(5) Any regulation made by the Minister shall when
approved by Parliament be as valid and effectual as if
it were herein enacted. Notification of such approval
shall be published in the Gazette.
 This Law to 25. The provisions of this Law shall have effect notwithstanding
prevail over anything to the contrary contained in any other written law, and
other law. where there is any conflict or inconsistency between the
provisions of this Law and such other law the provisions of this
Law shall prevail over such other law.
Interpretation.26. In this Law, unless the context otherwise requires-

[ 12,45 of 1982]

[ 5,4 of 1999]

[ 41,39 of 2003]

” building ” includes any building partially completed or, where

[ 12,45 of 1982]
applicable, any building to be erected within a storey shown or
[ 41,39 of 2003]
specified in any Condominium Plan or Semi Condominium Plan
or in the Provisional Condominium Plan for approval to the
authority for the time being responsible for granting such
approval;
” accessory unit ” means a unit intended for separate ownership
[ 12,45 of 1982]
and was with any other specified unit or units for any purpose;

[ 12,45 of 1982]
” assurance ” includes any transfer, lease, charge, mortgage or
any other application for vesting made under this Law;
“accessory parcel” means a parcel intended for separate
[ 41,39 of 2003]
ownership and was with any other specified condominium parcel
or condominium parcels for any purpose ;
“Condominium Management Authority” means the Condominium
[ 41,39 of 2003]
Management Authority established under the Condominium
Management Authority Law, No 10 of 1973
” common elements ”
(a) in relation to any Condominium Property or semi
Condominium Property or Provisional Condominium
[ 12,45 of 1982]

[ 41,39 of 2003]
Property which is comprised in any plan approved by
the authority for the time being responsible for the
approval of such plan, means so much of the land
parcel for the time being not comprised in any
condominium parcel shown in a Condominium Plan or
Semi Condominium or Provisional Condominium Plan;
and
(b) unless otherwise described specifically as
comprised in any condominium parcel in a
Condominium Plan or Semi Condominium or
Provisional Condominium Plan and shown as capable
of being comprised in such condominium parcel
includes ;
(i) foundations, columns, gardens and
external beams, supports, main walls, roofs,
walls, lobbies, corridors, stairs, stairways, fire
escapes, entrances, exits of the building or
buildings;
(ii) car parks, recreational or community
facilities, gardens, parking areas, roofs and
 storage spaces;
(iii) central and appurtenant installations for
services such as power, light, gas, hot and
cold water, heating, refrigeration and air-
conditioning, telephone, radio, re diffusion,
garbage disposal and incinerators;
(iv) escalators, lifts, tanks, pumps, motors,
fans, compressors, ducts and in general all
apparatus and installations existing for
common use;
(v) premises for use by security guards,
caretakers and watchmen;
(vi) all facilities described as common
elements in any plan for a condominium
development approved by the authority for
the time being responsible for such approval,
and all facilities which may be shown in a
legend of a Condominium Plan or Semi
Condominium or Provisional Condominium
Plan as common elements; and
(vii) all other parts of the land parcel not
comprised m any condominium parcel
necessary or convenient to the existence and
maintenance and for the reasonable common
use and safety of the common elements
including the roads and access drains and
ditches, lanes, parks, playgrounds and other
open spaces appurtenant to the
Condominium Property or semi Condominium
Property or Provisional Condominium
Property;

” Condominium Plan ” means a plan of a Condominium Property ;

[ 5,4 of 1999] (a) is described in the title or heading thereto as
[ 12,45 of 1982] Condominium Plan ;
[ 41,39 of 2003]
(b) indicates the whole or any part of the land parcel
comprised therein a completed building as being
divided into two or more stores and is divided into two
or more condominium parcels or any building having
only one storey also be capable of being subdivided
into parcels ; and
(c) contains the particulars set out in section 5;

“condominium parcel” means a defined space which is shown as

[ 41,39 of 2003]
an independent parcel on a condominium plan or semi
condominium plan or provisional condominium plan and which is
designed for independent use consisting of one or more rooms
whether occupying the entirety or part of one or more storeys in
a building of more than one storey and which is shown as a
d i i l
 separate condominium parcel ;
“encumbrance ” includes-
(i) a mortgage of the land or of any limited interest
therein, whether arising by act of parties or by
operation of law;
(ii) a lease of the land or any interest therein;
(iii) a servitude or restrictive covenant binding upon
the land; and
(iv) an agreement to convey or re-convey the land or
mortgage or lease the land ;

“land parcel” includes land parcel of any tenure, any building or

[ 12,45 of 1982]
parts thereof, so much of the air space above the surface as may
be reasonable used or enjoyed by any owner, and all substances
[ 41,39 of 2003]
under the surface, (excluding minerals within the meaning of the
Mines and Minerals Law, No. 4 of 1973) whether or not held
apart from the surface and any estate or interest therein ;
” local authority”, in relation to a Condominium Property, or Semi
Condominium Property or Provisional Condominium Property,
[ 41,39 of 2003]
means the local body of the area in which that Property is
situated or any other authority empowered by law to approve
building plans or whose approval for the construction of any
building in that area is required by law;
“management corporation” in relation to any one or more
[ 12,45 of 1982]
completed subdivided buildings shown in a condominium plan or
any one or more partly completed buildings shown in a semi
condominium plan, means the management corporation
established for those buildings;
“Plan of redivision or amalgamation” means a Plan of redivision
or amalgamation referred to in section 12;
“prescribed” means prescribed by regulation made under this
Law;
‘”Provisional Condominium Plan” means a Plan of “Provisional
[ 41,39 of 2003]
Condominium Property” which”
(a) is described in the title or heading thereto as
Provisional Condominium Plan ;
(b) indicates the whole or any part of the land parcel ,
and the building proposed to be erected, and shall be
capable of being sub-divided into parcels ;
(c) contains the particulars set out in section 5A ;
“prospective purchaser” means a person who is a party
to an agreement for sale agreeing to purchase a
condominium parcel or provisional condominium
parcel, from the owner of the Condominium Property
or Semi Condominium Property or Provisional
Condominium Property ;
(a) “recognised financial institution” means
any ”licensed commercial bank” or a “licensed
specialised bank” within the meaning of the
B ki A N 30 f 1988
 Banking Act , No. 30 of 1988 ; or
(b) any finance company registered under the
Finance Companies Act, No. 78 of 1988 ; or
(c) building society registered with
Commissioner of National Housing under
National Housing Act. Chapter 401 ;
(d) the National Housing Development
Authority established by Act , No. 17 of 1979
; or
(e) any bank established by or under any law.

“Registrar” means the Registrar of Titles appointed under the

[ 41,39 of 2003]
Registration of Title Act, No. 21 of 1998 and having jurisdiction
over the registration district in which the Condominium Property
or Semi Condominium Property or Provisional Condominium
Property is situated ;
“Semi Condominium Plan” means a plan of a partly completed
[ 41,39 of 2003]
Condominium Property Which :
(a) is described in the title or heading thereto as Semi
condominium Plan ;
(b) shows the whole or any part of the land parcel
comprised therein a partly completed building having
one storey capable of being subdivided into two or
more condominium parcels with provisions for future
construction of two or more storeys or partly
completed building having one storey capable of
being sub-divided into parcels ;
(c) contains the particulars set out in section in 5B ;
(d) has more than one completed condominium
parcels and such condominium parcels are fit for
human habitation ;

“share parcel” in respect of a condominium parcel means the

[ 12,45 of 1982]
share parcels determined for that condominium parcel according
[ 41,39 of 2003]
to its share value and shown as such in the Schedule endorsed
on the Condominium Plan or Semi Condominium Plan or
Provisional Condominium Plan ;
” special resolution” means a resolution passed at a meeting of
the management corporation, of which at least fourteen days’
notice specifying the proposed special resolution has been given,
by those persons entitled to exercise the powers of voting
conferred by or under this Law either personally or by proxy who
are together entitled to, or represent those entitled to, not less
than three-quarters of the share units and who together
constitute or represent those constituting not less than three-
quarters of the membership;
” storey ” means any part of land consisting of a space of any
[ 41,39 of 2003]
shape below, on, or above the surface of the land parcel, or
partly below and partly above the surface of the land parcel, the
dimensions of which are delineated;
” subdivided building ” means any one or more buildings
i d i C d i i Pl S i C d i i Pl
 comprised in a Condominium Plan or Semi Condominium Plan or
[ 41,39 of 2003]
Provisional Condominium Plan approved by the local authority;
” unanimous resolution” means a resolution unanimously passed
at a duly convened meeting of the management corporation at
which all persons entitled to exercise the powers of voting
conferred by or under this law are present either personally or by
proxy at the time of motion ;
“unauthorized construction” means any improvement or
alteration to the condominium parcel or ancillary parcel
[ 41,39 of 2003]
appurtenant to such condominium parcel, arty improvement or
alteration to the common elements , any parceling or subdivision
of the land parcel where the condominium property or semi
condominium property is constructed, the erection or re-erection
of sub-structures and the construction of works on the land
parcel, or any change in the use for which land parcel or any
building or any structure thereof is used, without a valid permit
from the authority who have been empowered by law to approve
the building plan, or contrary to any term or condition set out in
the permit issued in respect of the building plan approved for the
relevant Condominium Property or Semi Condominium Property.
(*Repealed and replaced by the Companies Act, No. 17 of 1982.)

Schedules