Common Amenities Board (Amendment) Act 2003 · As enacted
23. Amendment of section 27 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 27 of the principal enactment is hereby amended as follows :—
by the substitution for the definition of the expression
“common amenities” of the following definition :—
‘ “common amenities” means water, sewerage, drainage, gas, electricity, garbage disposal, airconditioning, telephone and radio services, and roads, accesses, lawns, gardens, parks, playgrounds and other open spaces ;’;
by the substitution for the definition of the expression “common elements” of the following definition :—
‘ “common elements” shall have the same meaning as is assigned to it by the Apartment
Ownership Law No. 11 of 1973 ;’;
by the insertion immediately after the definition of the expression “common elements” of the following definition :—
‘ “Condominium Plan”, shall have the same meaning as is assigned to it by the Apartment
Ownership Law No. 11 of 1973 ;’;
by the omission of the definition of the expressions
“condominium property” and “housing scheme” ;
by the substitution for the definition of the expression
“local authority” of the following definition :—
‘ “local authority” means any Municipal Council,
Urban Council or Pradeshiya Sabha and includes any authority created or established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to, or similar to the powers, duties and functions, exercised, performed and discharged by any such Council or Sabha ;’;
by the insertion immediately after the definition of the expression “local authority” of the following definition :—
‘ “management corporation” in relation to any one or more subdivided buildings shown on a condominium plan or semi condominium plan, means the management corporation established in respect of such buildings under the Apartment Ownership Law, No. 11 of 1973 ;’;
by the insertion immediately after the definition of the expression “management corporation” of the following definitions :—
‘ “owner” means the owner of the land parcel immediately before the subdivision thereof ;’
‘“owner of the condominium parcel” means the registered owner for the time being of a condominium parcel having a freehold estate in the condominium parcel or where a leasehold estate in the condominium parcel has been created a leasehold estate in the condominium parcel having an unexpired term of not less than twenty years computed as from the date of registration of such creation of leasehold estate ;’
‘“parcel” means a defined space which is shown as an independent condominium 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 separate condominium parcel on a condominium plan or semi condominium plan or provisional condominium plan and includes a parcel specified as an accessory parcel on any such plan provided that such defined space has a direct exit to a road or a common area leading to a road and access cannot be had through it to any enclosed space of like description ;’;
by the insertion immediately after the definition of the expression “prescribed” of the following definitions :—
‘ “prospective purchaser” shall have the same meaning as is assigned to it by the Apartment
Ownership Law, No. 11 of 1973 ;’;
‘ “Provincial Council” means a Provincial Council established by Chapter XVIIA of the
Constitution;’;
‘ “Provisional Condominium Plan” shall have the same meaning as is assigned to it by the Apartment Ownership Law, No. 11 of 1973 ;’;
by the omission of the definition of the expression
“public corporation”;
by the substitution for the definition of the expression “residential unit” of the following definition :—
‘ “residential condominium parcels” means such residential condominium parcels as are comprised in a Condominium Property or
Semi Condominium property ; ’;
by the insertion immediately after the definition of the expression “residential condominium parcels”
of the following definition :—
‘ “Registrar” means the Registrar of Titles appointed under the Title Registration 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 ;’;
by the insertion immediately after the definition of the expression “Registrar” of the following definitions :—
‘ “storey” means any part of land parcel consisting of a space of any 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 ;
“Semi Condominium Plan” shall have the same meaning assigned to it by the Apartment
Ownership Law, No. 11 of 1973 ;
“sub-divided building” means any one or more buildings comprised in a Condominium Plan or Semi Condominium Plan or Provisional
Condominium Plan approved by the authority empowered by law to approve the building plan ;’;
by the omission of the definitions of the expressions
“tenement” and “unit” ; and
by the addition of the “following definition”
immediately after the definition of “subdivided building” :—
“unauthorized construction”
means any improvement or alteration to the condominium parcel or ancillary parcel appurtenant to such condominium parcel, any 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, where the Condominium Property or Semi
Condominium Property is constructed, carrying out of building, engineering and other operations on over or under such land parcel, or any change in the use for which the 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 ; .