Gaps in existing apartment ownership law of Sri Lanka

Abstract

The concept of condominium has gradually increased as a solution for the housing demand in Sri Lanka through the past few decades. With the development of the condominium sector Condominium Management Authority of Sri Lanka was established as the governing body of both the private and public condominiums in country. The Apartment Ownership Law (AOL) was enacted as the regulation for the condominiums by Act No 11 of 1973. The Apartment Ownership Law has amended several times up to its last amendment in 2003. According to many writers there are many issues raised in the condominium sector and the provisions provided in the AOL are not enough to solve those issues in several situations. Furthermore, lack of research could be found about the gaps in Apartment Ownership Law of Sri Lanka. Therefore, this research study was conducted in order to find the gaps which exist in the Apartment Ownership Law of Sri Lanka. A comprehensive literature survey was carried out to find the theoretical background and Interview survey was carried out through experienced professionals in condominium sector as well as legal sector. According to the findings of the research there are gaps in provisions relating to many areas such as compulsory registration of condominium, common properties use and enjoyment, scattered housing properties, mixed development condominiums, developers obligations and sub management corporations. Finally, suggestions were made to rectify the identified gaps in AOL.