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| Sunday, 22 May 2005 |
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Tough action against unauthorised structures by Don Asoka Wijewardena Political interference, bribery and corruption have allegedly led to the construction of unauthorised structures unabatedly. As a result, the Condominium Management Authority (CMA) is unable to institute legal proceedings against owners of those structures in both state-owned and other private apartments constructed a few decades ago. A tough course of action to eliminate erecting unauthorised structures will be introduced shortly by the CMA. CMA General Manager Athula Wimalaratne told the Sunday Observer that erecting unauthorised structures such as extensions to apartments,garages and small boutiques in registered housing apartments either in state-owned or privately-owned housing apartments was a punishable offence under the Condominium Authority Law No 10 of 1973 which empowered the CMA to remove all unauthorised structures erected by respective occupants contrary to the registered condominium plans. Wimalaratne pointed out that in fairly recent times most apartment occupiers had been illegally erecting unauthorised structures which had obstructed and crippled the entire maintenance work of condominiums as garbage collectors and field maintenance personnel had no access to reach respective apartments for maintenance work. He noted that it was mandatory for any apartment owner to obtain approvals from the local authorities and the CMA before any type of additional construction or extension to their existing apartments and added that it was illegal that no alteration or amalgamation could be carried out in common areas where the common elements and common amenities were located. He also said that some government institutions categorised as developers were in the habit of granting permission to certain contractors without instructing or advising them to follow the correct procedure for amalgamation or alteration in condominiums and noted that those developers had been flouting the law and CMA was finding it difficult to remove some unauthorised structures as some condominiums did not carry the registered condominium plans. "People who erect unauthorised structures are not aware of the possible dangers of them. As garbage pits, stair-cases, fire points and manholes are blocked it is very difficult to evacuate people living in upper floors in an emergency situation," Wimalaratne emphasised. Unauthorised structures cause problems to fire brigade personnel who find it difficult to reach the locations for remedial action in case of fire. Water pumps and tanks are damaged and proper maintenance work cannot be carried out and common elements such as water supply, TV networks, electrical supplies, gardens, main walls, stair cases, entrances, car parks, recreation or common facilities, roofs, storages spaces, air conditioning systems and play grounds are also blocked. Wimalaratne revealed that the CMA had already prepared a legal framework to control and eliminate all unauthorised structures. In the first instance the CMA will inform the relevant party or parties to stop erecting structures illegally and if there is lack of response the CMA will call them for mediation. If these are ignored the CMA in accordance with the provisions in the Condominium Management Authority Law will penalise the wrongdoers of fining and even demolishing the structures. The CMA has already commenced an educational programme with canvassing for all unit owners on the dangers of erecting unauthorised structures, while obtaining a complete record of the number of unauthorised structures erected in each condominium. |
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