28. In this Act, unless the context otherwise requires- " Board 3' means the Board of Managers of a body corporate as provided for in section 13; " body corporate " means a body corporate incorporated under section 11; " building " means the building or buildings shown in a Condominium Plan; " by-laws " mean the by-laws of a body corporate; " common property " means so much of the property for the time being comprised in a Condominium Plan as is not comprised in any unit shown in such plan; " Condominium Plan " means a plan which conforms to sub-section (2) of section 3 and includes any schedule attached thereto; " encumbrance "in relation to any land, means-
| (i) a mortgage of the land or of any limited interest therein, whether arising by act of parties or by operation of law; |
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| (ii) a lease of the land or interest; |
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| (iii) a servitude or restrictive covenant binding upon the land; and |
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| (iv) an agreement to convey or reconvey the land or to mortgage or lease the land; |
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" land " includes an allotment of land the boundaries of which have been delineated by a surveyor or any portion of any such allotment divided or capable of being divided from the remainder of such allotment, any plantation on land, any building, house, parts of houses or buildings, flats or any other erection on land, anything attached to the earth or permanently fastened to any other thing attached to the earth and any right or interest in or over land or any benefit to arise out of any land, space or anything or everything on, over or under it; " land to which this Act applies " means land which is not held in undivided shares; " local authority " means, in relation to a parcel, the local body governing the area in which the parcel is situated; " owner " means-
| (a) any person whether corporate or un-incorporate or having title to the land whose title is not qualified by the existence in favour of any other person of any other interest whether vested or contingent other than-
| | | (ii) any interest arising by reason only of any lis pendens, or of any seizure under the Civil Procedure Code or of any order or decree which has not been executed;
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| (b) in relation to any land which is subject to a trust, includes the trustee of the land if, but only if, the trustee is empowered by the instrument creating the trust to sell the land free of the trust and such power of sale is not otherwise restricted, but does not include a person whose title is in any manner whatsoever subject to defeasance; |
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"parcel" means the land comprised in a Condominium Plan; " property " means the land comprised in a Condominium Plan including buildings thereon; " regulations " mean the regulations made by the Minister under this Act; " unanimous resolution " means a resolution unanimously passed at a duly convened meeting of the body corporate at which all persons entitled to exercise the powers of voting conferred by this Act or the by-laws are present personally or by proxy at the time of the motion; " unit " means an area designated as a unit by a Condominium Plan; " unit factor " means the unit factor for a unit as specified or apportioned in accordance with paragraph (b) of sub-section (2) of section 3 or sub-section (5) of section 8, as the case may be. |
Sri Lanka Consolidated Acts