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