APARTMENT OWNERSHIP

(1) Any person claiming to be an owner of any Condominium Property may make application to the Registrar for the registration of a Plan of the Condominium Property (hereinafter referred to as ” Condominium Plan “).

(2) Every person who, on the twentieth day of March, 1973, is the owner of a house or houses in excess of the permitted number of houses within the meaning of the Ceiling on Housing Property Law, shall, if any of the houses owned by him is a unit of a Condominium Property, make application to the Registrar, within six months of such date, for the registration of a Condominium Plan of such Property.

(3) Every person who, after the twentieth day of March, 1973, becomes the owner of a house or houses in excess of the permitted number of houses within the meaning of the Ceiling on “Housing Property Law shall, if any of the houses owned by him is a unit of a Condominium Property and if a Condominium Plan of such Property has not been registered under this Law, make application to the Registrar, within six months of becoming such owner, for the registration of a Condominium Plan of such Property.

(4) Every person who is the owner of a house in respect of which an application has been made under section 13 of the Ceiling on Housing Property Law shall, if such house is a unit of a Condominium Property and if required to do so by the Commissioner for National Housing, make application to the Registrar, within three months of being so required, for the registration of a Condominium Plan of such Property.

(5) Every application for the registration of a Condominium Plan shall be accompanied by two copies of the Plan, one marked ‘Original’ and the other marked ‘Duplicate’.

(1) The Condominium Plan shall comprise-

(2) A Condominium Plan tendered for registration shall be accompanied by a certificate from the local authority to the effect that the division of the building into units as illustrated in the Plan is in accord with its by-laws and regulations.

(1) Upon receipt of an application for the registration of a Condominium Plan or a Plan of redivision or amalgamation, the Registrar may register the Plan in the Register of Condominium Property, which shall be in the prescribed form, if he is satisfied that such Plan conforms to the provisions of this Law and the regulations made thereunder.

(2) A Condominium Property in respect of which a Condominium Plan is registered under subsection (1) is hereinafter referred to as a ” registered Condominium Property “.

(3) Upon the registration of a Condominium Plan under subsection (1), the Registrar shall make appropriate cross references to connect the registration with any previous registration, under the Registration of Documents Ordinance, of a deed or instrument affecting the land referred to in the Plan and shall return the copy of the Plan marked ‘ Original’ to the person who tendered it for registration and file of record the copy marked’ Duplicate’.

(4) The Registrar shall from time to time cause all copies of Plans filed of record to be bound in convenient volumes.

(5) Where the Registrar refuses to register the Condominium Plan or a Plan of redivision or amalgamation or disallows an application made under section 8(1), he shall comply with the provisions of section 37 of the Registration of Documents Ordinance.

(6) An appeal shall lie from every order made by the Registrar refusing registration of a Condominium Plan or a Plan of redivision or amalgamation or disallowing an application made under section 8 (1), and the provisions of section 38 of the Registration of Documents Ordinance shall apply in relation to such appeal.

(1) The owner of any unit of a registered Condominium Property may apply in writing to the Registrar, tor the amendment of the registered Condominium Plan or the registered Plan of redivision or amalgamation of such Property. Where the amendment involves alteration or addition to the survey plan comprised in the Condominium Plan or the Plan of redivision or amalgamation, an amended Plan certified by a qualified architect or qualified civil or structural engineer to the effect that the Plan conforms to the position existing on the land shall accompany the application for amendment.

(2) Where the Registrar allows an application made under subsection (1), he shall make an appropriate entry embodying the amendment in the registered Condominium Plan or the registered Plan of redivision or amalgamation, as the case may be, and in the folio of the register of Condominium Property relevant thereto.

(1) Upon registration of a Condominium Plan, the building depicted therein shall be deemed to be-divided into 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.

(2) Notwithstanding anything to the contrary in any other law, but subject to the provisions of this Law, after the registration of a Condominium Plan, any unit depicted therein together with the common elements appurtenant thereto may be held and dealt with in the same manner and form as any land.

(3) Upon registration of a Condominium Plan, each unit depicted therein together with the common elements appurtenant thereto shall be deemed to be absolutely owned by the person or persons described in the Plan as the owner or owners of the Condominium Property without prejudice to the right of any other person to obtain monetary compensation for any loss suffered as a result of any interest he had in the Condominium Property before such registration, being adversely affected.

(1) No person acquiring an interest in any unit of a registered Condominium Property on a deed or instrument shall be entitled to such interest unless such deed or instrument is registered in the register of Condominium Property.

(2) Upon accepting for registration any such deed or instrument, the Registrar shall register same in the register of Condominium Property in the prescribed manner and make appropriate cross references to the relevant folios so as to connect such registration with the registration of the original Condominium Plan or a Plan of redivision or amalgamation, as the case may be.

(1) Any owner or owners of units of a registered Condominium Property may, with the approval of the local authority, redivide or amalgamate his or their units by registering a Plan of redivision or amalgamation, relating to such units, in the manner provided by this Law for the registration of Condominium Plans.

(2) An application for amalgamation or redivision shall contain a declaration in the prescribed form made by the applicant which shall be attested by a notary public and shall contain-

(3) Upon registering a Plan of redivision or amalgamation, the Registrar shall make appropriate cross references to the relevant folios so as to connect such registration with the registration of the original Condominium Plan and, where appropriate, any Plan of redivision or amalgamation previously registered.

(4) Upon the registration -.of a Condominium Plan of redivision or amalgamation-

(a) the owner of each unit shall have a servitude in common with the owners of other units to use all pipes, ducts, cables, wires, conduits, public utility lines or other common elements located in other units and serving his unit;

(b) the owner of each unit shall have a servitude for the continuance of any encroachment by his unit on any adjoining unit or on any common element, existing at the time of the registration of the Condominium Plan as a result of construction of the building, or which may come into existence thereafter as a result of settlement or shifting of the building or as a result of restoration of the building or such unit after damage caused by fire or other casualty, or as a result of compulsory acquisition under any written law, and such encroachment shall remain undisturbed as long as the building stands;

(c) any person authorized in that behalf by the Common Amenities Board (hereinafter referred to as ” the Board”) shall have the right of access at all reasonable hours of the day to any unit of such property, if the provisions of the Common Amenities Board Law apply to such property, for the purpose of inspecting and making repairs to the common elements contained therein or elsewhere in the building or of preventing damage to the common elements or to other units or of preventing any violation of any written law applicable thereto or of correcting any condition which violates the provisions of any mortgage covering any other unit;

(d) each unit shall be subject to a servitude in favour of the owners of the other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other common elements serving such other units and located in such unit;

(e) each unit shall be subject to a servitude in favour of any adjoining – unit or common element for the continued maintenance of any encroachment of such adjoining unit or common element resulting from the construction of the building and existing at the time of registration of the Condominium Plan or which may come into existence thereafter by reason of settlement or shifting of the building, or as a result of repairs to or restoration of the building or such adjoining unit or common element after damage by fire or other casualty, or as a result of compulsory acquisition under any written law and any such encroachment shall remain undisturbed so long as the building stands;

(f) each unit shall have and shall be subject to all servitudes of necessity in favour of such unit or in favour of other units and the common elements.

The owner of each unit shall have a servitude for the exclusive use of such part of the common elements as is allocated to him in the Condominium Plan.

(1) Where-

(2) Before the Board exercises the powers referred to in subsection (1), its intention to do so together with the reasons therefor shall be communicated to the party making the request, if any, and to the owner and occupier of every unit in the Condominium Property.

(3) An owner or occupier of a unit may appeal in writing, against the intention of the Board to exercise in relation to his unit, the powers referred to in subsection (1), to the Minister within fourteen days of the receipt by him of the communication under subsection (2), stating the grounds of such appeal.

(4) The exercise by the Board of the powers referred to in subsection (1) or in the event of an appeal, the decision of the Minister, shall not be questioned in any court or tribunal.

(a) permit the Board and its duly authorized agents at all reasonable times, to enter the unit for the purpose of inspecting the unit, and where the Board exercises the powers vested in it under the Common Amenities Board Law in relation to such Property, to enter the unit for the purpose of maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the unit and capable of being used for the benefit of any other unit or common elements of the Property or for the purpose of maintaining, repairing or renewing the common elements of the Property or for the purpose of satisfying as to the condition and safety of the common elements of the Property;

(b) forthwith carry out all work that may be ordered by any public or local authority empowered by law so to order in respect of the unit, and pay all premia, rates, taxes, charges, outgoings and assessments that may be payable in respect of the unit;

(c) repair and maintain the unit, and keep it in a state of good repair, reasonable wear and tear and damage by fire, storm, tempest or act of God excepted ;

(d) use and enjoy the common elements of the Property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by the occupier of any other unit (whether owner or not);

(e) not permit or cause to be permitted the occupation of the unit by any number of persons in excess of the prescribed number;

(f) not use the unit or permit it to be used in any manner or for any purpose that will cause a nuisance or hazard to the occupier of any other unit (whether owner or not);

(g) not cause damage in any manner to the common elements of the Property and not make any structural alteration of such common elements without the written consent of the owners of all other units of such Property;

(h) not use the unit for any illegal or immoral purpose or in any manner likely to be injurious to the health of the occupiers of the other units (whether owners or not);

(i) not keep any animal or bird in the unit or in common parts of the Property, except with the express written consent of the chief occupiers of all the other units;

(j) not make undue noise or create any other form of nuisance in or about any unit or the common elements of the Property; and

(k) not use the unit or permit the unit to be used for any purpose other than that for which the unit is according to the Condominium Plan intended to be used.

(1) The District Court of the district in which a registered Condominium Property is situated may by declaration to that effect terminate the Condominium status of such Property in any of the following circumstances:-

(2) Where a unit is subject to a mortgage or is otherwise encumbered, the court shall not entertain any application under subsection (I) unless the mortgagee or a person having any other interest in the unit is also made a party to such application, and the court shall not allow the application unless such mortgagee or other person consents to such termination.

(3) The court shall cause a copy of any declaration made under subsection (1) together with any conditions and directions attached thereto to be transmitted to the Registrar.

(4) Upon receipt of the copy of the declaration under subsection (3), the Registrar shall make a note thereof on the registered Condominium Plan and in the folio of the register of Condominium Property relating thereto, and upon such note being made the owners of the units described in the Plan shall be deemed to be co-owners of the Property in proportion to their respective interests.

(1) Every person who contravenes of fails (o comply 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 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.

(1) The MinisterA 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.

(1) 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;

(2) the foundations, columns, girders, beams, supports, main walls and roofs of the building;

(3) the halls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exits of the building;

(4) the basements, yards, gardens, parking areas and storage spaces of the Condominium Property;

(5) the premises for the lodging of persons in charge of the Property including caretakers and watchers;

(6) installations for central services such as electricity, telephone, radio, rediffusion, air- conditioning, garbage disposal and incineration;

(7) the lifts, escalators, tanks, pumps, motors, fans, compressors, ducts, and, in general, all apparatus and installations existing for common use;

(8) such community and commercial amenities as may be provided ; and

(9) all other parts and facilities of the Property necessary for, or convenient to, its existence, maintenance and safety or normally in common use;

(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 ;