(a) erected on alienated land held as one Sand parcel and capable of being subdivided into parcels (hereinafter referred to as "Condominium Property") ;

(b) proposed to be erected on alienated land held as one land parcel and capable of being subdivided into parcels (hereinafter referred to as '"Provisional Condominium Property") ;

(c) partly erected on alienated land held as one land parcel, on which there are more than one completed condominium parcels fit for human habitation (hereinafter referred to as "Semi Condominium Property.").'.

(1) The owner of any Condominium Property any Provisional Condominium property or any semi Condominium Property as the case may be, may make application in the prescribed form to the Registrar with the prescribed fee for the registration of a Condominium Plan, or a Provisional plan ' Condominium Plan or a semi Condominium Plan as the case may be.

(2) The owner of any land parcel on which there is a completed building capable of being subdivided under section 2 and which is certified by the General Manager of the Condominium Management Authority , to be fit for occupation or use shall, make application within the period specified in paragraph (a) or (b) as the case may be , in the prescribed form with the prescribed fee to the Registrar, for the registration of a Condominium Plan which shall accompany such application, if at any time he has sold or in agreement to sell-

(3)

(4) Any person who contravenes the provisions of subsection (2) or subsection (3) as the case may be shall be guilty of an offence and be liable on conviction after summary trial before a Magistrate to a fine not exceeding rupees fifty thousand and to a further fine not exceeding rupees one thousand for each day the offence continues to be committed, after such conviction.".

(1)

(2) Every application made under subsection (1) shall be accompanied by -

(1)

(2) Every application made under subsection (1) shall be accompanied by-

(1)

(2) Every application made under subsection (1) shall be accompanied by-

(1) The Condominium Plan shall comprise of a survey plan or plans which shall be prepared and drawn by a licensed surveyor or by or under the authority of the Surveyor-General and shall -

(2) Where an accessory parcel consists of a building and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the Condominium Plan in accordance with the requirements of subsection (1).

(3) Where an accessory parcel does not consist of a building-

(4) Unless otherwise stipulated in the Condominium Plan , the common boundary on any condominium parcel with another condominium parcel or with the common elements shall be the centre of the floor, wall or ceiling as the case may be.".

(a) delineate the external surface boundaries and boundary marks of the proposed Condominium Property and position of each subdivided building proposed to be erected thereon in relation to the surface boundaries ;

(b) specify the division, volume and folio in which the land parcel is registered and the surveyed area thereof ;

(c) include a vertical section of each subdivided building proposed to be erected showing-

(d) include a description, as well as the vertical section and dimensions, of each building proposed to be erected within the land parcel in accordance with building plan approved by the authority for the time being responsible for the approval of such plans ;

(e) delineate, subject to the provisions of subsections (2) and (3) of section 5, each proposed condominium parcel and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show any bearing ;

(f) identify the proposed condominium parcels into which each proposed building is to be divided and distinguish such parcels by assessment numbers, numbers of other symbols ;

(g) distinguish each proposed storey by an index letter in relation to the land parcel number of the cadastral map and specify the proposed condominium parcels in each storey in relation to number of such storey ;

(h) specify the approximate floor area of each proposed parcel ;

(i) delineate the external boundaries and show the horizontal dimensions without it being necessary to show any bearing of each building proposed to be erected within the land parcel in accordance with the building plan approved by the authority for the time being responsible for the approval of such plan ;

(j) define the provisional common elements of the provisional condominium property ;

(k) show the provisional share values in whole numbers of each proposed condominium parcel and a number equal to the aggregate provisional share value entitlement of all the proposed condominium parcels ;

(l) bear an endorsement by the person preparing such plan to the effect that the building proposed to be erected shown in the Provisional Condominium Plan is in accordance with the building plan approved by the authority for the time being responsible for the approval of such plan.

(a) delineate the external surface boundaries and boundary marks, of the Semi Condominium Property and the position of each partly completed subdivided building thereon fixed in relation to the surface boundaries and the position of the balance portion of the building yet to be completed in accordance with the building plan approved by the authority for the time being thereon in relation to the surface boundaries ;

(b) specify the division, volume and folio in which the land parcel is registered and the surveyed area thereof ;

(c) include a vertical section of each partly completed subdivided building showing-

(d) include a description, separately the vertical section and dimensions of partly completed building erected, and vertical section and dimensions of balance portion of the building yet to be completed within the land parcel in accordance with building plan approved by the authority for the time being responsible for the approval of such plans ;

(e) delineate, subject to the provisions of subsections (2) and (3) of section 5. each condominium parcels of the partly completed building, and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show any bearing ;

(f) identify the condominium parcels of the partly completed building, into which each building is to be divided and distinguish such parcels by assessment numbers, numbers or other symbols ;

(g) distinguish each storey by an index letter in relation to the land parcel number of the cadastral map and specify the condominium parcels of the partly completed building in each storey in relation to the number of such storey ;

(h) specify the approximate floor area of each parcel ;

(i) delineate the external boundaries and show the horizontal dimensions without it being necessary to show any bearing of each partly completed building erected within the land parcel in accordance with the building plan approved by the authority for the time being responsible for the approval of such plan ;

(j) define the common elements of the Semi Condominium Property ;

(k) show the share values in whole numbers of each condominium parcel of the partly completed building and each provisional condominium parcel of the balance portion of the building yet to be completed and a number equal to the aggregate share value entitlement of all such condominium parcels and ail such provisional condominium parcels ;

(l) bear an endorsement by the person preparing such plan to the effect that the partly completed building erected show in the Semi Condominium Plan is in accordance with me building plan approved by the authority for the time being responsible for the approval of such plan.'.

(1) Upon receipt of any application for the registration of a Condominium Plan, "Provisional Condominium or a Semi Condominium Plan" or any application under section 8 for the registration of a "Plan of amendment or any application under section 8B for the registration of a Plan of amendment or any application under section 12 for the registration of a Plan of re-division or a Plan of amalgamation or any application under section 8A for registration of a Plan of addition the Registrar shall refer such application together with the Condominium Plan, or the Provisional Condominium Plan, or the Semi Condominium Plan, or the Plan of amendment, or the Plan of re-division or the Plan of amalgamation or the Plan of additions, as the case may be. and the cadastral map to the Superintendent of Survey for certification.

(2) Where the Superintendent of Survey is satisfied, that the Condominium Plan or Provisional Condominium Plan, or Semi Condominium Plan, or the Plan of amendment. or the Plan of re-division or the Plan of amalgamation or the Plan of additions, as the case may be. conforms to the provision of the Registration of Title Act, No. 21 of 1998. he shall certify such plan on behalf of the Survey-General and-

(3) Upon receipt of a cadastral map duly certified from the Superintendent of Surveys, the Registrar shall, if he is satisfied that such application conforms to the provisions of the of the Registration of Title Act, No. 21 of 1998, and-

(4) Sections 34, 35 and 37 of the Registration of Title Act, No. 21 of 1998, shall, mutatis mutandis, apply to the inspection of the title register and the cadastral map, issue of certified copies of documents and extracts of cadastral maps and obtaining of certificate of ownership or interest of the condominium parcel or parcels.

(5) Where the Registrar refuses to register the Condominium Plan or the Provisional Condominium Plan or the Semi Condominium Plan or the Plan of amendment, or the plan of redivision or the Plan of amalgamation or the Plan of additions as the case may be, he shall make an order of refusal and record his reasons for such order in the prescribed register and shall endorse the words "Registration of condominium title refused" or "Registration of provisional condominium title refused" or "Registration of semi condominium title refused" , as the case may be, on the instruments and on the application made by the person who presented the application for such registration and shall, without payment or unnecessary delay issue to the applicant a copy of the reasons so recorded.

(6) An appeal shall lie from every order made by the Registrar refusing to register the Condominium Plan or the Provisional Condominium Plan, or the Semi Condominium Plan, or the Plan of amendment, or the Plan of re-division or the Plan of amalgamation or the Plan of additions and the provisions in section 38 of the Registration of Documents Ordinance shall, mutatis mutandis apply in relation to such appeal.

(1) The Condominium Plan or the Provisional Condominium Plan or the Semi Condominium Plan as the case may be, shall be deemed to be registered under the provisions Condominium of this law, when the application of the owner, Property, and of the Condominium Property or the Provisional Condominium Property or the Semi Condominium Property tendered for registration has been signed and sealed by the Registrar and made cross reference in all relevant title registers are duly made.

(2) Upon the registration of the Condominium Plan or the Provisional Condominium Plan or the Semi Condominium Plan, as the case may be the owner of any condominium parcel of the Condominium Property, the owner of any provisional condominium parcel of any Provisional Condominium Property, or the owner of any condominium parcel of the Semi Condominium Property, shall be deemed to be the owner of his parcel and his share in the common elements or provisional common elements, subject to the encumbrances, if any, registered or notified in the relevant register,".

(1) The owner of any condominium parcel of a registered condominium property or of a registered semi condominium property may make an application in the prescribed form to the Registrar, for the registration of the plan of amendment of the registered Condominium Plan or of registered Semi Condominium Plan.

(2) An application for the registration of such plan shall be accompanied by-

(1) The owner of any Semi Condominium Property may apply to the Registrar for the registration of the condominium parcels subsequently added to the partly completed building, shown in the registered Semi Condominium Plan.

(2) An application for registration under subsection (1) shall be in the prescribed form, and be accompanied by-

(a) a survey plan, (hereinafter referred to as "the Plan of amendment" of the registered Provisional Condominium Plan) prepared and drawn by a licensed surveyor to be submitted in triplicate showing the relevant alterations caused to the provisional condominium parcel of the registered Provisional Condominium Plan ;

(b) a declaration of the applicant, along with a financial report confirming the cost of the construction of the building due to amendments effected to the registered Provisional Condominium Plan, verified by a qualified quantity surveyor or by a qualified civil or structural engineer, on"

(c) implementation plan of the total construction indicating the date of commencement and the date of completion of each of following activities supported by a certificate of the qualified architect or qualified civil or structural engineer"

(1) Upon registration of the Condominium plan or semi Condominium Plan, each building or partly completed building depicted in the Condominium Property or Semi Condominium Property shall be deemed to be divided into units and identified therein and thereupon the common elements shall be held by the owners of all the condominium parcels as tenants in common proportional to their respective share parcels and for the same term and tenure as their respective condominium parcels are held by them.

(2) The Registrar on registration of the Condominium Plan or Semi Condominium Plan shall certify therein the share which the owner of a condominium parcel has in the common elements.

(3) The share value which each owner of a condominium parcel has in the common elements shall be given according to the user of such condominium parcel whether commercial or residential or otherwise, as the case may be.

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

(5) Upon registration of a Condominium Plan, or Semi Condominium Plan, each condominium parcel depicted therein together with the common elements appurtenant thereto shall be deemed to be absolutely owned by the person or persons described in the relevant plan as the owner or owners of the Condominium Property or the Semi Condominium Property, as may be applicable without prejudice to the right of the mortgagee to exercise the right of execution of parate or to obtain monetary compensation in terms of the law relevant to such mortgage, or to the right of any other person to obtain monetary compensation for any loss suffered as a result of any mortgage, agreement for sale or interest he had in the Condominium Property or in the Semi Condominium Property before such registration, being adversely affected.'.

(a) the existence of any mortgages executed prior to the registration of provisional condominium plan, or after the registration of provisional condominium plan securing the land parcel, where the proposed building is to be erected, shall extend to each such provisional condominium parcel, and shall no right to execute any instrument in respect of any of the provisional condominium parcel or land parcel, in favour of any other party, without the consent of the mortgagee or mortgagees ;

(b) the existence of any agreements of sale for individual provisional condominium parcel registered at the registrar, shall be recognized as an encumbrance of the absolute ownership, and exercisable, without prejudice to the rights of such prospective purchaser, who is a party to the said agreement of sale ;

(c) the owner shall not sell, lease, rent or dispose in any other manner, other than by way of mortgage, the land parcel where the proposed building is to be erected, shown in the registered Provisional Condominium Plan, until the said building is partly completed and registered at the registrar as ''Semi Condominium Property". Where a sale, lease, rent or any other disposition, other than the mortgage, is executed by or on behalf of the owner in contravention of this provisions, shall be null and void and shall have no force of effect in law ;

Provided that, nothing in these provisions shall be deemed to preclude any authority from selling the said property for recovering the amount due on any mortgage bond or on any agreement for sale in accordance with any other written law.'.

(1) No person acquiring an title or interest or benefit in any condominium parcel of a registered Condominium Property or of a registered Semi Condominium Property shall be entitled to such title or interest, or benefit, unless such title, or interest or benefit is registered under the provisions of Registration of Title Act. No. 21 of 1998.

(2) Upon accepting for registration, of any instrument for conveying title or interest or benefit in a condominium parcel, the Registrar shall register same in the title register in respect of relevant condominium parcel in the prescribed manner and make suitable cross references to registered Condominium Plan, or registered Semi Condominium Plan.

(3) The provisions of sections 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49 of the Registration of Title Act, No. 21 of 1998, shall, mutatis mutandis, apply in respect of subsequent transaction relating to registered condominium parcel,".

(1) No accessory parcel or any share or estate or interest therein shall be dealt with independently of the condominium parcel to which such accessory parcel has been made appurtenant as shown on the relevant registered Condominium Plan or on the relevant registered Semi Condominium Plan.

(2) Any person who deals with any accessory parcel or any share, estate or interest therein independently and not made as appurtenant to the condominium parcel which such accessory parcel is shown on the registered relevant condominium plan or on the registered relevant semi condominium plan, as being appurtenant shall be guilty of an offence .

(3) Any assurance made in contravention of the provisions of subsection (1), shall not be registered under this Law and any registration thereof shall be null and void and shall not pass any estate or interest in the accessory parcel.

(4) Where such assurance has been registered, the Registrar on discovery thereof shall cancel the registration, and no person affected by such cancellation shall be entitled to any compensation.".

(1) Any owner or owners of the condominium parcels of the condominium property or the semi condominium property may, apply in writing to the Registrar, for the registration of the Plan of re-division or the Plan of amalgamation of the registered Condominium Plan or of the registered Semi Condominium Plan or of the Condominium Property or of the Semi Condominium Property.

(2) An application under subsection (1) shall be in a prescribed form and be accompanied with -

"(5) The provisions in sections 40, 41, 42, 43,44, 45, 46, 47, 48 and 49 of the Registration of Title Act, No. 21 of 1998 shall apply, mutatis mutandis, in relation to the execution of any instrument and for the registration of such instruments.".

"(3) Immediately after the establishment of the management corporation by virtue of the operation of this Law the Condominium Management Authority shall subject to the provisions in the First Schedule to this Law, summon, not later than three months from the date of such establishment, the first annual general meeting of the management corporation and elect the first council, and such council shall cease to hold office at the next annual general meeting. Upon the elections of the first council, subject to the provisions in the First Schedule, the council shall perform the duties and exercise the powers of the management corporation and conduct the business of the management corporation on its behalf.

"(8) The management corporation of the registered semi condominium property shall, continue to function as the management corporation of the registered condominium property, immediately after the conversion of such Semi Condominium Property into a Condominium Property, upon registration of such Condominium Property by the Registrar.".

(a) in paragraph (g) of that subsection by the substitution for the words "Condominium Property" of the words "Condominium Property or Semi Condominium Property" ;

(b) by the insertion immediately after paragraph (g) of that subsection of the following paragraph :-

(a) by the insertion immediately after paragraph (a) of that subsection of the following :-

(b) by the insertion immediately after paragraph (b) of that subsection of the following :-

(c) by the addition immediately after paragraph (e) of that section of the following paragraph:-

"(3) The by-laws set out in the Second Schedule to this Law, shall, with effect from the registration of Condominium Plan or a Semi condominium Plan, be in force for all purposes in relation to every sub-divided building.";

"(4) The management corporation may, subject to the provisions of this Law and any other written law by special resolution make additional by-laws, not inconsistent with the by-laws set out in the Second Schedule to this law, for safety and security measures, details of any common property of which the use is restricted, the keeping of pets, parking, floor coverings, garbage disposal, behavior, architectural and landscaping guidelines to be observed by the owners of the Condominium Parcels, and any other matters necessary for the efficient management of the Condominium Property and common elements of the Condominium Property or Semi Condominium Property of the relevant registered Condominium Plan or registered Semi Condominium Plan.";

"(6) The management corporation and the Condominium Management Authority shall-

"(9) The Condominium Management Authority or the management corporation or any owner of a condominium parcel shall be entitled to apply to the Court -

from any person bound to comply therewith, the Condominium Management Authority or the management corporation or the administrator, and the court may make such order against any such person, the management corporation or the members of its council, or the administrator, as the court thinks fit.".

(a) the contribution levied or, by the corporation and paid by, the owners for payment into the fund ;

(b) fines, interests, penal charges, premiums reconnection charges, and deposits levied by the corporation, and paid by the owners for payment in to the fund ;

(c) the proceeds of the disposal of any personal property of the corporation ;

(d) all such sums of money as may be received by the corporation in the exercise, discharge and performance of its powers, functions and duties;

(e) all such sums of money as may be received by the corporation by way of loans, donations, gifts or grants from any sources whatsoever, whether in or outside in Sri Lanka.".

"(1A) There shall be paid out of the management fund of the corporation all such sums of money required to defray any expenditure incurred by the corporation in the exercise, discharge and performance of its powers, functions and duties, subject to the limitation specified in this Law:'.

"(2) The management corporation may by a unanimous resolution or by a general resolution and with the concurrence of the Condominium Management Authority, invest as it thinks fit any moneys of the management fund :

Provided, however such resolution and concurrence shall not be required for the investment in any fixed deposit account with a licensed commercial bank, in any Treasury Bill, in the State Mortgage and Investments Bank or the Housing Development and Finance Corporation (Bank).".

"(3) For the purposes of establishing and maintaining the management fund, the management corporation for the purposes mentioned in subsection (1) may, at a general meeting-

(3A) The management corporation shall establish a sinking Fund, (hereinafter referred to as the sinking Fund) as part of the management fund for the emergency expenses of any major repair to the common elements or discharge any other similar obligation of the corporation and shall-

"(6A) Notwithstanding any thing to the contrary in this Law or any other written law, the management corporation shall have the power to disconnect the supply of services such as water services electricity or any other utilities provided to the individual condominium parcel through the management corporation, by the National Water Supply and Drainage Board, the Ceylon Electricity Board, any local authority any other authority or licensee, if the owner of the condominium parcel fails to pay any of the amounts demanded as per the provisions specified in section 20H of this Act, by the management corporation. The management corporation shall not proceed to disconnect such supply, unless-

"(a) notify the Condominium Management Authority and the insurer immediately and reinstate the damaged portion of the subdivided building and provide a scheme for the continued use of the subdivided building in whole or in part subject to the supervision of the Condominium Management Authority".

"(c) The Registrar on receipt of the Condominium Title certificates relating to the condominium parcel or condominium parcels, as the case may be shall cancel the Condominium Title certificates make the necessary entries in the registers of Condominium Parcels of the Condominium Property or Semi Condominium Property, and thereafter the transferee shall deal with the land parcel in accordance with the provisions of the Registration of Title Act. No. 21 of 1998.".

"(10) Where a transfer of the Condominium Property or Semi Condominium Property pursuant to subsection (5) has been lodged with and registered by the Registrar, the management corporation shall continue in existence for the purpose of winding up its affairs subject to the supervision of the Condominium Management Authority." ;

"(12) Unless and until a liquidator is appointed by court for the purpose of carrying out the winding up of the affairs of the management corporation, the Council of the management corporation, shall continue to perform the management corporations' business for the purpose of winding up its affairs, subject to the supervision of the Condominium Management Authority. On the appointment of a liquidator all the powers of the council of the management corporation shall cease and the liquidator shall have the power to carry on the management corporations' business for the purpose of winding up its affairs subject to the supervision of the Condominium Management Authority.

"(14) The court may on an application by the Condominium Management Authority, a former owner, a former mortgagee or the liquidator and on being satisfied that the affairs of the management corporation have been wound up make an Order that the liquidator be released and that the management corporation be dissolved and on lodgment of such Order for registration under this Law, the Registrar shall then register and cancel the records in the title register in respect of condominium parcels of the condominium property or semi condominium property, and shall notify such cancellation to the Condominium Management Authority'.

(a) by the substitution for the words "Condominium Property of the words ''Condominium Property or semi Condominium Property or Provisional Condominium Property" ;

(b) by the substitution for the "Condominium Plan" of the words "Condominium Plan or Semi Condominium or Provisional Condominium Plan" ;

(c) by the substitution for the word "land" of the word land parcel" ;

(d) by the substitution for the word "unit" of the words "'condominium parcel" ;

(a) is described in the title or heading thereto as Condominium Plan ;

(b) indicates the whole or any part of the land parcel comprised therein a completed building as being divided into two or more stores and is divided into two or more condominium parcels or any building having only one storey also be capable of being subdivided into parcels ; and

(c) contains the particulars set out in section 5;

(a) is described in the title or heading thereto as Provisional Condominium Plan ;

(b) indicates the whole or any part of the land parcel , and the building proposed to be erected, and shall be capable of being sub-divided into parcels ;

(c) contains the particulars set out in section 5A ;

"prospective purchaser" means a person who is a party to an agreement for sale agreeing to purchase a condominium parcel or provisional condominium parcel, from the owner of the Condominium Property or Semi Condominium Property or Provisional Condominium Property ;

(a) is described in the title or heading thereto as Semi condominium Plan ;

(b) shows the whole or any part of the land parcel comprised therein a partly completed building having one storey capable of being subdivided into two or more condominium parcels with provisions for future construction of two or more storeys or partly completed building having one storey capable of being sub-divided into parcels ;

(c) contains the particulars set out in section in 5B ;

(d) has more than one completed condominium parcels and such condominium parcels are fit for human habitation ;

"(2) Where there are not more than three owners the council shall consist of all the owners.".

"(c) shall convene an extra general meeting upon a request in writing made by the Condominium Management Authority.

(a) by the substitution for the words "registered Condominium Plan" of the words "registered Condominium Plan or registered Semi Condominium Plan" ;

(b) by the substitution for the word "unit" of the words "condominium parcel", ;

(a) in item 2(a) (iv) by the substitution for the words "in connection with the performance of its duties" of the words "in connection with the performance of its duties or exercise of its powers" ;

(b) in item 2 (b) by the substitution for the words, "carry out all work ordered by any Government " of the words "carry out all work including removal of all unauthorised constructions ordered by the Government" ;

(c) by the addition immediately after item 2(g) of the following :"

(a) by the insertion immediately after item 5(a) of the following :-

(b) by the addition immediately after item 5 (d) of the following :-

"(bb) make any alterations to his condominium parcel in Contrary to the approved building Plan of the Condominium Property or Semi Condominium Property.".