CMA concerned with violation of standards
by Don Asoka Wijewardena
A large number of buyers of apartments in condominiums are being deceived
by unscrupulous investors and developers who have been flouting the law in
ignoring the provisions of the Apartment Ownership (Amendment) Act No. 39 of
2003.
These developers are alleged to have constructed apartments not according
to the original plans shown to buyers and are continuing to construct
condominiums without obtaining a provisional condominium plan issued by the
Condominium Management Authority (CMA).
CMA General Manager Athula Wimalaratne told the Sunday Observer that the
CMA had received a great number of complaints from buyers of apartments that
the original plans and extra facilities promised to buyers by developers at
the time of paying advances had been changed and added that the buyers had
no legal document or a copy of the Provisional Condominium Plan issued to
developers as a legal requirement before constructing.
Wimalaratne pointed out that it was a pre-requisite to any developer to
comply with basic legal requirements introduced by the CMA as it was no
excuse to ignore them that they were unaware of the rules and regulations
involved in the construction industry.
He also said that any investor or developer who contravene the provisions
of the Apartment Ownership (Amendment) Act No. 39 of 2003 shall be guilty of
an offence and be liable on conviction after summary trial by a magistrate
to a fine not exceeding Rs. 50,000 and to a further fine not exceeding Rs.
1000 for each day the offence continued to be committed, after such
conviction.
Referring to investors and developers GM Wimalaratne said that some
developers, especially newcomers to the condominium development were not
aware of the pre-requisites of the construction process and subsequent legal
implications of their deliberate evasion of obtaining provisional
condominium plan registration from the land registry for which CMA
provisional certification was mandatory.
Wimalaratne further noted that the CMA was in the process of advising
would-be buyers of condominiums not to proceed with purchases or occupation
of condominiums without going through the documentary evidence of CMA
certification and condominium plan registration and added that most
developers had the practice of applying for CMA certification after the
construction and in case the CMA found any sort of non-conformities to the
CMA standard, the particular developer would be asked to rectify them
incurring heavy expenditure.
When asked about whether CMA had taken positive measures to educate
would-be buyers, GM Wimalaratne said that most buyers were still not aware
of the advantages of keeping a copy of a Provisional Condominium Plan
registration given to investors and developers as developers or investors
would not be able to make any changes or alterations other than the agreed
plans and conditions without consulting and getting permission for any
changes from the CMA.
He noted an islandwide awareness program on purchasing of apartments
would be introduced shortly.
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