4.
| (1) Where-
the Board may exercise in relation to the aforesaid units the powers vested in the Board under this Law. The units in relation to which the Board exercises such powers are hereinafter referred to as the relevant units ": | | (a) the owner or owners of not less than seventy-five per centum of the number of such residential units or non-residential units as are provided with one or more common amenities or common elements make a request in writing to the Board to the effect that the provisions of this Law should apply to such units; or | | |
| | (b) the Board is ex mero motu of opinion-
| | | (i) that the control, administration, maintenance or management of the common amenities or common elements of one or more of such units is unsatisfactory; or |
| (ii) that additional common amenities should be provided to such units, |
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| (2) Before the Board exercises the powers referred to in subsection (1), its intention to do so together with the reasons therefor shall be communicated to the party making the request, if any, and to the owner of every unit likely to be affected by such exercise. |
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| (3) An owner of a unit may appeal, in writing, against the intention of the Board to exercise in relation to his unit the powers referred to in subsection (1), to the Minister within fourteen days of the receipt by him of the communication under subsection (2) of this section, stating the grounds for such appeal. |
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| (4) The exercise by the Board of the powers referred to in subsection (1), or in the event of an appeal, the decision of the Minister, shall not be questioned in any court or tribunal. |
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Sri Lanka Consolidated Acts