Sri Lanka Consolidated Acts

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Condominium Property Act (No. 12 of 1970) - Sect 15

Administrative expenses

15.
(1) In addition to its other powers under this Act, the powers of a body corporate shall include the following: -
(a) to establish a fund for administrative expenses sufficient, in the opinion of the body corporate, for the control, management and administration of the common property, for the payment of any premium of insurance and for the discharge of any other obligation of the body corporate;
(b) to determine from time to time the amounts to be raised 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 body corporate-
(i) for repairs effected or work executed by it or under its direction or any other expenses incurred in the maintenance of a unit;
(ii) for any rates, taxes or charges paid by the body corporate under section 18 (1).
(2) Where any sum of money due to the body corporate under paragraph (c) of sub-section (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.
(3)
(a) Upon the production of a certificate issued by the Chairman of the Board under sub-section (2) before any Court of Requests within whose jurisdiction the body corporate is situated, 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 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 to the monetary jurisdiction of a Court of Requests any such Court shall be competent to entertain any application under the preceding provisions of this sub-section.
(4) Where the Chairman of the Board issues a certificate under sub-section (2) he shall notify in writing any owner of a unit specified in the certificate that the sum specified in the certificate is payable but the non-receipt of such notice by the owner of any unit shall not invalidate proceedings under this section.


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