Condominium concept in Post-tsunami construction
by Athula Wimalaratne, B.Sc. Eng. (Hons.), Dip. C.Sc. (Hons.), E.D.B.A.,
C.Eng., MIE (SL)
Most of the state implemented Housing Apartments were done 2-3
decades back. Those housing units were distributed mainly to the middle
income groups of people in the society on rent purchase basis in which
they had to pay their monthly rental for a long period to acquire
ownership of those housing units. Until such time the developer, being a
statutory body has to maintain the entire Housing Schemes mainly the
common elements and common amenities.
As per Apartment ownership Law, with the transferring of ownership of
individual housing units only the undivided shared ownership of common
elements and common amenities could be transferred to individual unit
owners.
Until such time, the ownership of those common elements and common
amenities belong to the original developer, in this case the statuary
body. By now there are many complicated issues in those housing
apartments for which all parties concerned are held responsible up to a
certain extent.
With the depreciation of rupee value rental charges are insufficient
even to cover maintenance cost and therefore the relevant statutory
bodies find in difficult to maintain the common elements and common
amenities in the proper way. Most of the common elements and common
amenities have been misused by different parties due to the fact that
their ownerships belong to the statutory body. Maintenance of common
elements and common amenities becomes a fairly ineffective and
inefficient process due to the long-term involvement of statutory bodies
with limited resources.
The corporation received from housing unit owners and respective
occupiers of those housing schemes in maintaining those common elements
and common amenities is very poor. Increase of their rental is also
dubious due to various reasons.
Obtaining the corporation of unit owners and occupiers in maintenance
activities by inculcating certain common attitudes for the well-being of
all occupants is also somewhat difficult at this stage due to their
present mindset on these aspects and their past experiences in some long
outstanding issues and malpractices such as unauthorized constructions.
Some occupants find it difficult to pay their monthly rental and some
of them neglect paying the rental owing to different types of reasons.
Some of them expect the ownership of individual housing units without
any further payments and some are refusing to obtain ownership of
housing units purely to avoid any sort of responsibility on maintenance
of common elements and common amenities.
One has to admit the fact that there are lot of needy repairs and
improvements in those housing schemes. Some of them are due to poor
maintenance activities during the past and some of them are due to
certain malpratices of connected parties. It is not reasonable to blame
one party as all connected parties contributed to the ineffective and
inefficient system, and hence it is a system failure. It is a conceptual
error done by not paying enough attention to the Condominium Concept.
* Are we going to correct them now?
* What sort of corrective actions are available to the present
problems?
* Do we have a system to introduce preventive actions?
* How can we introduce Management Corporation Concept to housing unit
owners in state implemented housing schemes of 20-30 years old?
* Do we need a National Policy and uninterrupted long-term action
plan to solutions?
* How do we address dilapidated condominiums and ensure earthquake
resistant apartments in future along with other disaster mitigation
programmes?
* Do we have sufficient standards for condominium constructions?
* Are we regulating the condominium industry properly?
Out of all;
* Can we allow tsunami victims who are going to be occupied in
apartments to face similar problems in future?
If not what shall we do now?
* How do we plan out of all these activities?
What information are lacking?
* Are you going to adopt correct systems and procedures?
* Are you ready to accept at least the basics of the condominium
concept?
If so, please come and discuss with us. It is not easy to convince
you by an article alone.
The Condominium Management Authority has no hesitation to interrupt
and act against unscrupulous condominium developers as empowered by
Apartment Ownership (Amendment) Act. No. 39 of 2003 to regulate all
condominium industry activities for the long-term well-being of
occupants.
Condominium Management Authority,
Sahadhipaththiya Pivisum Sevena, NHD Building,
Sir Chittampalam A. Gardiner Mawatha,
Colombo -02.
(The writer is the General Manager of the Condominium Management
Authority, Ministry of Housing Construction Industry, Eastern Province
Education and Irrigation Development.
He is a member of the Institution of Engineers (Sri Lanka) &
Institution of Project Managers (Sri Lanka). He had worked for many
reputed overseas Companies and conducts several Awareness Programmes to
regulate continual enhancement of habitable Condominium Properties.) |