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Condominium residents sans title deeds soon to be granted relief
View(s):Condominium residents who have not been granted their title deeds, as the property developers failed to obtain the Certificate of Conformity (COC) approval for the buildings, will soon be granted relief, said a senior Condominium Management Authority (CMA) official.
CMA Chairman Kapila Gamage told the Sunday Times, an amendment will be introduced so that property developers can get “special approval” for their projects.
The move by the Ministry of Construction, Engineering Services, Housing and Common Amenities, follows a series of cases where property developers could not obtain the COC for the construction.
“When we get a complaint from residents, we call both parties and try to settle the issues.He said some of the developers have not constructed the building according to the original approved building plan, and therefore, not been able to obtain the COC.“As a result title deeds cannot be granted. Under the proposed amendment, the developer should apply for the registration of the property within two years from the date of coming into operation. This will be valid for constructions completed prior to December 31, 2009,” he added.
He explained that the owner should inform the CMA General Manager (GM) in writing, of any other unauthorised constructions or modifications made to the property, which did not exist in the approved building plan. The GM will take appropriate action in respect of the unauthorized construction within CMA law.
“The GM will issue a certificate specifically mentioning of having been satisfied by the availability of the building plan as certified by a surveyor. Thereafter, the GM will issue a “special condominium certificate” certifying that this is according to the condominium laws. Consequently, they can prepare the declaration for the title deeds,” he explained.
“We don’t have any responsibility towards maintenance, we function as a regulating authority,” he said regarding the internal problems within the apartments.
Meanwhile, residents of Seagull Residencies in Colombo, have complained to the CMA and the UDA that they have paid for the apartments with the assurance that the title deeds would follow within six months. However, some of them have not got their title deeds for several years.They claimed the developer has not received the COC, as he had submitted a plan to the Municipality which differed from the construction itself, thus causing a delay in getting their deeds.
They claimed that, as the building has not been handed over to the apartment dwellers, the developer has to maintain the building, but currently the apartment is not maintained properly. However the developer, Seagull Property Developers (Pvt) Ltd said that the apartment is constructed with an approved building plan.
“While Colombo Municipal Council came for COC inspection they indicated a few deviations and instructed us to submit an amended plan. We have submitted an amended building plan and are awaiting approval. As soon as we receive the approval from the CMC, we will prepare the deeds.”
“We have completed construction with all the facilities, and handed over to individual owners who are in possession and enjoying the facilities. (Some have even given it on rent and enjoying the rental income). But they are not paying the maintenance charges.” Responding to the allegations of poor maintenance of the building, the company said, “Some of the residents of the condominium have not paid the maintenance fee to the company, while some have given it on rent and they are not paying the maintenance charges.”