HAPPY HOMES (PVT) LTD

Vs.

CONDOMINIUM MANAGEMENT AUTHORITY AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
OBEYESEKERE, J.
CA/WRIT/136/2015,
OCTOBER 21, 2019

Writ of mandamus-Condominium Management Authority Law, No. 10 of 1973- Obstruction of common area-Removal of unauthorised constructions-Delay-Continuing violation of rights-Apartment Ownership Law, No. 11 of 1973, section 20C(2)(f)-Power of Management Corporation to remove unauthorised constructions

The petitioner purchased a unit in a condominium property in which the 5th respondent was already a tenant of the previous owner. The 5th respondent tenant had constructed a shed in the common area causing obstruction of the common parking area and blocking access to the main building. The petitioner complained to the Condominium Management Authority. Despite several notices, the 5th respondent did not attend the inquiry into the complaint. After the inquiry held ex parte it was found that the 5th respondent had obstructed the common elements. The General Manager of the Authority directed the 5th respondent in writing to remove the shed within 14 days, as the shed was blocking the common