LAW OF PROPERTY

Mahesh Abeynayake
LL.B (Hons) , LL.M, M. Phil, CTHE
Attorney-at-Law & Notary Public
Senior Lecturer in Law
University of Moratuwa
LAW OF PROPERTY

Condominium

Property Law /
Apartment
Ownership
Law
FUNDAMENTALS RELATING TO THE
CONDOMINIUM PROPERTY LAW .
(OBJECTIVES OF THE LESSON)
•To explain main areas of
Condominium Property Law
• To explain and application of
different condominium legislation that
are currently in force in Sri Lanka
•To apply the above legislation and
advise customers /clients or
organizations on action needed with
regard to condominium property .
THE TERM “ CONDOMINIUM”
 The term “ condominium” if often
used to refer to the apartment unit it
self in place of the term” apartment”.

 This clearly signifies ownership of the

property. Often, it consists of units in a
multi- unit dwelling (i.e. apartment)
where the unit is individually owned
and the common areas like hallways and
recreational facilities are jointly owned
by all the unit owners in the building.
LEGISLATION RELATED TO THE
CONDOMINIUM PROPERTY LAW OF
SRI LANKA
 Condominium Property Act
No. 12 of 1970 was effected to
multi storied properties.
 This Act was repealed and the
Apartment Ownership Act.
No. 11 of 1973 has been
introduced for the Condominium
Property.
 This is a law to provide for the
registration of multi-storied property.
APARTMENT OWNERSHIP ACT
 Section 2 of this Act stated that
the Apartment Ownership Act
shall apply to property comprising
land with a building or buildings
or more than one storey and
having more than one
independent units of residential
or non-residential
accommodation.
REGISTRATION OF THE
CONDOMINIUM PROPERTY .

Section 3 of this Act stated

that any person claiming to
be an owner of any
Condominium Property may
make application to the
Registrar of Lands where it is
situated for the registration of
a plan of the Condominium
Property.
REGISTRATION
 Every application for the registration of
condominium plan shall be accompanied by
two copies of the plan one marked Original
and the other marked Duplicate.
 The condominium plan shall comprise a

survey plan which shall be prepared and

drawn by a Licensed Surveyor and shall;
 Demarcate the horizontal surface boundaries

of the land and the location of the building in

relation thereto.
 Identify the units into which the building is

divided and distinguish such units by

assessment numbers, unit numbers or other
symbols.
REGISTRATION
 Specify the floor area of each unit and define the
boundaries of each unit by reference to floors, walls,
ceiling or roof, the common boundary of any unit with
another unit or with the common elements being the
centre of the floor wall or ceiling as the case may be.
 Define the common elements of the Condominium
Property
 Bear an endorsement by the Licensed Surveyor
preparing it to the effect that the building shown in
the plan is within the external horizontal boundaries of
the land.
 Have attached to it a certificate of a qualified civil or
structural engineer to the effect that the units shown
therein are the same as those existing on the land
REGISTRATION
 Section 5 of this Act sated that a Condominium
Declaration in the prescribed form which shall
be made by the applicant and attested form
which shall be made by the applicant and
attested by the Notary Public and shall contain;
 A description by reference to the survey plan of

the land on which the building is located and to

which the title is claimed and the particulars of
the property according to section 13 of
Registration of Documents Ordinance.( e.g.
describe the property such as situated province
, district, extent, boundaries etc.)
 The name and address of the owner or owners

of the condominium property

REGISTRATION
 The particulars of deeds and other evidence of title
relied upon by the applicant in support of the claim to
title.
 The prior registration of the property
 The particulars of every encumbrance affecting the
land
 The description of the building stating the number of
stories and basements and the number of units.
 The number or other symbol identifying each unit, and
a statement of is location and other particulars of
each unit.
 A description of the common elements of the
condominium property
CONDOMINIUM PLAN.
 A Condominium Plan tendered for registration shall be
accompanied by a certificate from the local authority (
Municipal Council or Urban Council or Pradeshiya
Sabahs) to the effect that the division of the building
into units as illustrated, in accordance with its by laws
and regulations.
 Upon registration of a condominium plan the building
depicted therein shall be deemed to be divided intro
the units identified therein and each such unit shall be
deemed to have appurtenant thereto in undivided
shares such proportion of the land and other common
elements defined in the Condominium Plan as the
floor area of the unit bears to the aggregate floor area
of all the units comprised in the plan.
PREPARATION OF
DOCUMENT
 Section 10 of this Act stated that - No person
acquiring an interest in any unit of a registered
Condominium Property on a deed or instrumental
shall be entitle to such interest unless such deed
is registered in the register of Condominium
Property.
 Section 12 mentioned that - Any owner of unit of

a registered Condominium Property may, with the

approval of the local authority, re-divide or
amalgamate his units by registering a plan of re-
division of amalgamation relating to such units in
the manner provided by this law for the
registration of Condominium Plans.
.
TERMINATION
 Section 20 stated that the District Court of the judicial district
in which a registered Condominium Property is situated may by
declaration to that effect terminate the condominium status of
such property due to any of the following circumstances;
 Where an application is made for termination to a Court by the
owner or owners of all the units of the Condominium Property
 Where an application is made for such termination to a court
by the owner of any unit in the condominium Property
consequent to the building not being repaired or reconstructed
within a reasonable time after there has been a total or
substantial damage to or destruction of, the building or part
thereof.
 Where in the event of the building having become obsolete,
the owners of not less than seventy five percent of the number
of units agree not to renovate the building and make an
application for a termination to the Court
COMMON ELEMENTS
 Section 26 of this Act stated that - Common elements of a
condominium property means so much of the condominium Property
as is not comprised in any in therein and includes;
 The land on which the building stands including the roads and
accesses drains and ditches lanes, gardens, parks, playgrounds, and
other open spaces appurtenant to the condominium Property
 The foundation columns girders beams supports main walls and roof
of the building
 The halls, corridors, lobbies, stairs ,stairways ,fire escapes and
entrances and exits of the building
 The basements yards gardens parking areas and storage spaces of
the Condominium Property
 The premises for the lodging of persons in charge of the property
including caretakers and watchers
 Installation for central services such as electricity telephone, radio,
re-diffusion air-conditioning garbage disposal and incineration
 The lifts escalators tanks pumps motors fans compressors ducts and
in general all apparatus and installations existing for common use.
CONDOMINIUM MANAGEMENT AUTHORITY OF SRI
LANKA AS A REGULATORY BODY FOR
CONDOMINIUM PROPERTY.

 Common Amenities Board(CAB) was established as

per Common Amenities law No. 10 of 1973for the
control, management, maintenance, and
administration of the common amenities and common
elements of units of accommodation; basically in
Housing Scheme’s owned National Housing
Development Authority (NHDA).
 CAB was a very efficient organization for the control,
management, maintenance and administration of the
common amenities and common elements of units of
accommodation as per Apartment Ownership
Act(Amendment) No. 45 of 1982 and CAB played a
vital role in encouraging unit owners in their
Management corporations and activities
RELEVANT LAW
 With the dawn of the millennium the Condominium
Industry becomes a booming Industry in the national
market and more and more Developers and Investors
started to get in to this lucrative business.
 By that time there was no proper statutory body to
regulate the industry activities and to accommodate
industry demands.
 According to the Common Amenities
Board(Amendment) Act No. 24 of 2003 CAB was
converted to Condominium Management Authority
(CMA) for the control, management, maintenance, and
administration of the condominium property, and semi
condominium property
 As per Apartment Ownership (Amendment) Act No.
39 of 2003 CMA was empowered to regulate the entire
condominium activities.
POWERS & FUNCTIONS OF CMA
 With this new amendment of that Act, CMA is in apposition
to meet the Industry requirements of the National Housing
development more efficiently and effectively.
 Some of the key new functions of CMA are listed as follows.
 Issuing of certificates to Condominium Developers
 Formulation of Re-developments activities.
 Activating management corporation
 Public awareness programme on Condominium Management
 Setting up of new standards and implementing all
Condominium issues and regulations.
 Dispute resolutions in condominiums.
 Promoting condominium developments and assisting stake
holders
 Maintaining some of National Housing development
Authority(NHDA) Housing Schemes (on request)