10. The following new sections are hereby inserted immediately after section 9 of the principal enactment and shall have effect as sections 9A, 9B, 9C and 9D of that enactment :-
| 9A.
| | (1) Where the Authority receives a complaint or receives information that an unauthorized construction has been erected or-is being erected m any registered or unregistered Condominium Properly or Semi Condominium Property, the Authority shall cause a nonce in writing to he served on the owner of the condominium parcel and a copy of such notice to be served on each occupier of such condominium parcel and the management corporation if any, who is erecting or has erected such unauthorized construction in the condominium parcel, or the common element and direct such owner, occupier or management corporation, as the case may be. to be present at an inquiry on a date, time and place, to be specified in the notice and to show cause -
| | | (a) why the Authority should not prohibit such person from proceeding with the construction ; |
| (b) why the unauthorized construction should not be demolished and the Condominium Parcel restored to its original condition. |
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| | (2) The persons present at the inquiry in personal to the receipt of a notice issued under subsection (1), shall be given an opportunity of being heard and thereafter where the Authority is of the opinion that such construction is an unauthorized construction, it may direct, such owner or occupier or management corporation or other person, as the case may be-
| | | (a) not to proceed with such unauthorized construction ; or |
| (b) to restore the condominium parcel or an accessory parcel appurtenant to the condominium parcel or common element to its original condition ; or |
| (c) to take such other measures for the purpose of compliance with the conditions set out in the permit subject to which the Condominium Property or Semi Condominium Properly has been constructed. |
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| | (3) Where such owner or occupier or management corporation or other person, as the case may he "
| | | (a) fails to be present at the inquiry ; or |
| (b) alter being present at such inquiry refuses to comply with any direction issued under subsection (2) within seven days from the date of issue of such direction. |
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| | (4) The Authority may, for the purpose of acting under paragraphs (i), (ii) or (iii) of subsection (3) authorise any officer to enter the Condominium Property or the Semi Condominium Property on which such unauthorised construction is being erected or erected and do ail such acts as may be necessary for the purpose. | | |
| | (5) No action or other proceeding shall lie against, any person for any act, done within exercise of the powers conferred by subsection (4), and no owner, occupier or person shall he entitled to any compensation for any damage or loss caused by such act. | | |
| | (6) H shall be the duty of every member of the Police when requested to do so, to render- all necessary assistance to the Authority for the purpose of taking action under paragraphs (i), (ii) or (iii) of subsection (3). | | |
| | (7) The Authority shall be entitled to recover all reasonable expenses incurred by the Authority in removing, demolishing the unauthorized constructions of the Condominium Property or Semi Condominium Properly or discontinuing any work in pursuance of the provisions of subsection (4). | | |
| | (8) The preceding provisions of this section shall not affect any liability incurred by such owner or occupier or other person by reason of his failure to comply with such notice. Complaints by a purchaser as regards the common amenities provided by the registered owner. | | |
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| 9B.
| | (1) On a written complaint made by a purchaser of a condominium parcel of the Condominium Property, which has been registered with the Registrar of Lands under the Registration of Documents Ordinance (Chapter 117), without the Certificate of Conformity relating to the standard of the common amenities provided to such Condominium Parcel by the registered owner of the Condominium Properly, issued by the Authority who has been empowered to approve the building plan, the Authority shall on being satisfied after due inquiry, make Order directing the registered owner to provide the required common amenities in the manner acceptable to the Authority, at his expense within the period specified in that Order. | | |
| | (2) Where the registered owner against whom an Order is made under subsection (1) fails to comply with such Order, the Authority shall, provide such services to the purchaser of the condominium parcel of the Condominium Property and recover such expenses from the registered owner in an action in any court of competent jurisdiction, as a debt due to such Authority from the said registered owner. Monitoring the progress construction of the building registered provisional condominium Plan. | | |
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| 9c.
| | (1) Upon registration of the provisional condominium plan by the Registrar under the Apartment Ownership Law, No. 11 of 1973, the owner of the Provisional Condominium Property, shall submit quarterly reports, in triplicate, indicating the progress of the construction of the building to be erected; shown in the registered provisional condominium plan, as per the project implementation plan filed along with the said Provisional Condominium Plan. One copy shall he to the Registrar, one-copy, to the General Manager and one copy to the mortgage, if any. | | |
| | (2) The progress report to he submitted quarterly shall he submitted in the format as set out in Schedule I. | | |
| | (3) Where the General Manager is satisfied that the owner is not carrying out the construction of the registered Provisional Condominium Properly as per the project implementation plan filed along with the Provisional Condominium Plan, satisfactorily., and is of the opinion, that the intervention of the Authority is necessary in order to safeguard the interest of mortgagees, or registered prospective purchasers who have already provided finances to the owner under mortgages secured on the land parcel where the proposed building is to be erected as shown in the Provisional Condominium Plan and registered with the Registrar or provided finances as advances to the owner agreeing to purchase the provisional condominium parcels under the agreements for sale and registered with the Registrar, the shall convene after due notice, a meeting of the owner, such mortgagees, if any. and such prospective purchasers, if any. and discuss the issues which hinder the owner from satisfactorily carrying out such construction. | | |
| | (4) Where the owner fails to participate at such meeting or after participating fails to provide satisfactory explanation for the delay, or provide a satisfactory work programme for the construction of the proposed building upto the level of a partly completed building, so that all existing mortgages securing the land parcel and individual condominium parcel could be redeemed and all commitments made towards the registered prospective purchasers could be settled, the Authority may-
| | | (a) recommend that the mortgagees take action as per the mortgage instruments, and to recover the money due to the mortgagee, and to settle the claims of the registered prospective purchasers, ii there is any surplus money with the mortgagee alter the sale of the land parcel ; or |
| (b) recommend the Minister that such land parcel be ested in the Authority where the Provisional Condominium Property is to be erected, in order to settle the dues of the registered mortgagees or registered prospective purchasers. Vesting of the land parcel of a defaulting owner. |
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| 9D. Notwithstanding anything to the contrary in this Law or any other Law-
| | (a) the Minister, shall on being satisfied after due inquiry, on a recommendation being made by the Authority or upon the request of the mortgagee make order directing the owner to carry out the construction as per the registered Provisional Condominium Plan. | | |
| | (b) where the Minister makes an Order under paragraph (a), directing the owner of the registered Provisional Condominium Property to carry out such construction, the Minister, shall specify in such order-
| | | (i) the number of provisional condominium parcels in the registered Provisional Condominium Plan that shall be constructed to be considered as a, semi condominium Property : |
| (ii) the period within which such construction needs to be completed ; |
| (iii) the final date by which the application for registration of the Semi Condominium Plan is to be Tendered to the Registrar. |
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| | (c) Where the owner of any provisional condominium property in respect of which an order is made under subjection (1) fails to comply with the order (hereinafter referred to as the "default owner") the Minister shall, by order published in the Gazette vest such land parcel shown in the registered provisional plan in the Authority ; | | |
| | (d) Where the land parcel of the provisional Condominium Property has been vested in the Authority under paragraph (e). the defaulting owner of the said land parcel shall be entitled to compensation in respect of the same on the basis of the valuation of the Chief Valuer as at the date of registration of the Provisional Condominium Plan, and the following dues of the defaulting owner shall be set off against the compensation due -
| | | (i) outstanding dues arising out of the mortgage or mortgages of the properly acquired ; |
| (ii) outstanding dues arising out of the agreements for sale of the provisional condominium parcels ; |
| (iii) outstanding dues to any of the government agencies in relation to. registered Provisional Condominium Property, |
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| | (e) if any amount remains unsettled to any of the parties mentioned above such unsettled amount will be recovered by the Authority by way of in an action in a court of competent jurisdiction as debt due to it from the relevant defaulting owner.". | | |
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Sri Lanka Consolidated Acts