The role of ‘Management Corporation
Concept’ in state constructed housing apartments

By Athula Wimalaratne
B.Sc. Eng. (Hons.), Dip. C. Sc. (Hons.), E.D.B.A., C. Eng., MIE (SL)

In order to inculcate and enhance certain common attitudes of the occupants in state constructed housing apartments the concept of ‘Management Corporation’ has to play a vital role. Unfortunately most of them still believe merely it has an additional overburden to their financial commitments. Most of the issues and disputes in state constructed Housing apartments would have been overcome by being optimistic with the Management Corporation concept and even now it is not too late to rectify the situation.

Most of the instances minor issues and misconducts of some of the occupants result major disputes creating complex situations and unnecessary financial involvements in rectifying resulted implications to common elements and common amenities as well.

Can a housing unit be used for any purpose, which tarnishes the name or standard of other condominium parcel owners?. Can any fuel or material, which produces bad smell or smoke disturbing others be used? Garbage or waste, can it inconvenience others? Can one have pets disturbing others? Can anybody disturb or misuse common areas and elements? Why not obliged to certain discipline to maintain the common interest? Can you alone stop or control or resist some ones misconduct or -misbehaviour or selfish living? Don’t you like if you all can resist and control all these activities for the well being of all occupants as per joint decisions as a unite commitment.

Activating the Management Corporation concept is vital in this regard. It has so many duties to perform other than financial ones. Most of the disputes in your Housing Schemes can easily be solved by yourselves by being active members of your own Management Corporation.

When you have ownership of your housing unit you become a member of your Management Corporation whether it is active or not. ‘It is your right and duty to play an active roll at the Management Corporation for all of your benefits. If you cannot find enough active members to form an active Management Corporation due to non availability of housing unit owners, still the occupiers can form and participate for Management Corporation activities with the written consent of the respective unit owners or as authorized by relevant authorities. If some unit owners don’t support Management Corporation activities Management Corporation has the right to force them to do so or to deprive the privileges of using certain common elements and common amenities by those non corporative members.

It is also noted that Unauthorized Construction is one of the major issues in state constructed housing apartments. Unit owners in general loose their common areas and common elements due to illegal constructions of some people.

The Management Corporation too has the sole authority to resist and restrict unauthorized constructions? By uniting in decisions coming through Management Corporation will assist relevant government authorities also in their actions in removing unauthorized structures? By blaming relevant government bodies only is insufficient.

As stated in Common Amenities Board (Amendment) Act No. 24 of 2003, one of the objective of Condominium Management Authority is to remove all unauthorized construction erected or carried out by the respective owners or occupiers of such Condominium parcels or by any person, contrary to the registered Condominium Plan of the Condominium Property or the registered Semi Condominium Plan of the Semi Condominium Property.

If a property has no Registered Condominium Plan or the Registered Semi Condominium Plan your undivided shared ownership on common elements and common amenities are not properly covered. Then who owns common areas? Can Condominium Management Authority remove unauthorized construction on unregistered Condominiums as per CMA objectives?

It is very clear that approval of the relevant authorities. (UDA/CMC) for such alterations, redevelopment and amalgamation to be effected to the approved building Plan to be forwarded to Condominium Management Authority for applying certificate for common elements and common amenities. If initial local authority approvals are not available Condominium Management Authority is not in a position to issue CMA Certificate.

In other words if the new structures are contrary to approved Building Plan whether the original property has a Registered Condominium Plan or not more than Condominium Management Authority requirements those unauthorized constructions violate the basic local planning authority regulation and requirements and those relevant authorities too involve in acting against them.

There are acceptable ways of doing an amalgamation or redevelopment as per prevailing laws in the Country. For a Condominium Property amalgamation or a redevelopment of a common area it is mandatory to have the Management Corporation consent to start with. Then they are to be approved by relevant Local authorities such as Urban Development Authority and Local Councils before applying for the Condominium Management Authority certificate for re-developments or amalgamation. Further without Condominium Management Authority Certificate for alterations the amended condominium plan with re-development or amalgamation can not be registered.

However without activating Management Corporations it may be difficult to rectify all these issues promptly. Of course if those who are living with common elements and common amenities find it difficult to establish common attitudes, Can they achieve a common success? It is not too late to come out with common attitudes, common ideas and common demands for your common benefits whereby can you neglect Management Corporation concept any more?

The writer is the General Manager of the Condominium Management Authority, Ministry of Housing Construction Industry, Eastern Province Education and Irrigation Development.

He is a Chartered Civil Engineer ; a member of the Institute of Engineers (Sri Lanka) & Institution of Project Managers (Sri Lanka). He had worked for many reputed overseas Companies & conducted several Awareness Programmes to regulate continual enhancement of habitable Condominium Properties.



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