19th August, 2013
Colombo – 03.
Re: Unit No: of Mesothelioma Plaza.
I refer to our previous correspondence. I regret to note that, as at 31stJuly, 2013, a sum of Rs _________ is due and owing from you to the MesotheliomaPlaza Management Corporation in respect of Service Charges.
As you are aware, Monthly Service Charges Payments has not been made since couple of months despite several reminders being sent to you requesting to settle the amounts which have fallen in to arrears in respect of Service Charges.
I wish to bring to your attention that, the Apartment Ownership Law No. 11 of 1973 [as Amended by Act No. 45 of 1982 and Act No. 39 of 2003], provides that the Management Corporation shall have the Power to disconnect the supply of services such as water, electricity or any other utilities provided to the individual condominium Unit/Parcel through the Management Corporation. By the National Water Supply and Drainage Board, the Ceylon Electricity Board, any local authority any other Licensee, if the owner of the condominium parcel fails to pay any of the amounts demanded by the Management Corporation.
Furthermore, under the Apartment Ownership Law No. 11 of 1973 [as Amended by Act No. 45 of 1982 and Act No. 39 of 2003], the Management Corporation will have a first charge created in its favour in respect of all unpaid amounts as regards Service Charges and other payments due from its members [i.e Condominium Unit/Parcel owners], giving the Management Corporation all the rights available to a Mortgagee and the Management Corporation will be entitled to recover this sums due to it by selling the condominium Unit/ by way of a specially passed resolution, if demanded to pay is not heeded to, by Condominium Unit/Parcel Owner.
I hereby demand of you to pay a sum of Rs__________ which is the amount due and owing from you to the Management Corporation as at 31st July, 2013, in respect of Service Charges with in 14 Days from the date of the receipt of this letter [which is presumed to be 03 days from the date of this letter].
Please note that, in the event of non-payment within the period stipulated above, the Management Corporation will be compelled to take steps to recover the sums due and owing from you in respect of Service Charges in accordance with the provisions of Apartment Ownership Law which may include the institution of legal Action and the disconnection of Services such as Water and Electricity.
_ _ _ _ _ Kumara