Sri Lanka Consolidated Acts

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Apartment Ownership Act (No. 11 of 1973) - Sect 26

Interpretation

26. In this Law, unless the context otherwise requires-" building " means the building or buildings shown in the Condominium Plan; " Common Amenities Board " means the Common Amenities Board established under the Common Amenities Board Law; " common elements ", in relation to a Condominium Property, means so ranch of the Condominium Property as is not comprised in any unit therein and includes-
(1) the land on which the building stands including the roads and accesses, drains and ditches, lanes, gardens, parks, playgrounds and other open spaces appurtenant to the Condominium Property;
(2) the foundations, columns, girders, beams, supports, main walls and roofs of the building;
(3) the halls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exits of the building;
(4) the basements, yards, gardens, parking areas and storage spaces of the Condominium Property;
(5) the premises for the logging of persons in charge of the Property including caretakers and watchers;
(6) installations for central services such as electricity, telephone, radio, rediffusion, air conditioning, garbage disposal and incineration;
(7) the lifts, escalators, tanks, pumps, motors, fans, compressors, ducts, and, in general, all apparatus and installations existing for common use;
(8) such community and commercial amenities as may be provided; and
(9) all other parts and facilities of the Property necessary for, or convenient to, its existence, maintenance and safety or normally in common use;
" encumbrance " includes-
(i) a mortgage of the land or of any limited interest therein, whether arising by act of parties or by operation of law;
(ii) a lease of the land or any interest therein;
(iii) a servitude or restrictive covenant binding upon the land; and
(iv) an agreement to convey or re-convey the land or mortgage or lease the land;
" local authority ", in relation to a Condominium Property, means the local body of the area in which that Property is situated or any other authority empowered by law to approve building plans or whose approval for the construction of any building in that area is required by law; " Plan of redivision or amalgamation " means a Plan of redivision or amalgamation referred to in section 12; " prescribed " means prescribed by regulation made under this Law; " public corporation " means any corporation, board or other body which was or is established by or under any written law, other than the Companies Ordinance, with capital wholly or partly provided by the Government by way of grant, loan or other form; " Registrar " means the Registrar of Lands appointed under the Registration of Documents Ordinance and having jurisdiction over the registration district in which the Condominium Property is situated; " unit" means a permanently enclosed space designed for independent use consisting of one or more rooms (other than any room or rooms designed for occupation and use by- licensees) occupying the entirety or part of one or more floors in a building of more than one storey, provided that such enclosed space has a direct exit to a road or a common area leading to a road, and access cannot be had through it to any other enclosed space of like description, together with such accessory units as may be allocated to it according to the Condominium Plan for exclusive use by the occupier of the unit such as garage space, storage space, toilets, servants' quarters, balcony or terrace.


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