Sri Lanka Consolidated Acts

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Common Amenities Board Law (No. 10 of 1973) - Sect 15

Disbursements by the Board and recovery of moneys due to the Board

15.
(1) In addition to the other powers vested in the Board under this Law, the powers of the Board shall include the following: -
(a) to incur such expenses as are in the opinion of the Board necessary for the control, maintenance, management and administration of the common amenities and common elements of the relevant units, for the payment of any premium of insurance and for the discharge of any other obligation of the Board;
(b) to determine and raise from time to time moneys from the owners for the purposes mentioned in paragraph (a);
(c) to recover from any owner of a unit any sum of money due to the Board from him for repairs effected or work executed by it or under its direction or any other expenses incurred.
(2) Where any sum of money due to the Board under paragraph (c) of subsection (1) has not been paid by any owner of a unit from whom such sum is due, the Chairman of the Board shall certify in writing the amount which is due from such owner and shall notify such owner that such certificate has been issued, but the non-receipt of such notice by the owner of any unit shall not invalidate proceedings under this section.
(3)
(a) Upon an application made by any officer or servant of the Board for the recovery of the sum due to the Board by the production of a certificate issued by the Chairman of the Board under subsection (2) before any Court of Requests within whose jurisdiction the owner resides, the Court shall direct a writ of execution to be issued to the Fiscal authorizing him and requiring him to seize and sell all or any of the property movable or immovable belonging to such owner or such part thereof as may be necessary for the recovery of that sum and the provisions of sections 226 to 297 of the Civil Procedure Code shall, mutatis mutandis, apply to the execution of such writ and to such seizure and sale.
(b) Notwithstanding anything in any other law as to the limitation of the monetary jurisdiction of a Court of Requests., any such Court shall be competent to entertain any application under the preceding provisions of this subsection.


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