12th
January 2013
Mrs.
A. XXXX Sapumali
Kentiny XXXXXX Systems (Pvt) Ltd.
No
: 256
Galle Road,
Colombo
-14
Dear
Sir
RE: UNIT NO 256 OF XXXXX ARCADE
I
refer to our previous correspondence. I regret to note that, as at 31st
December, 2012, a sum of Rs 124,756.50 Is due and owing from you to the XXXXX Arcade Management Corporation in respect of service charges.
As
you aware, Monthly Service Charge 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 Low No. 11 of
1973 [ as amended by Act No. 45 of 1982 and Act No. 39 of 2003 ], provides 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 authority or 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 the sums due to it by Selling the
Condominium unit by way of a specially passed resolution, if demand to pay
is not heeded to, by the condominium Unit/Parcel Owner
I
hereby demand of you to pay a sum of Rs. 124,756.50 which is the amount due and
owing from you to the management corporation as at 31st December,
2012, 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.
Yours
Faithfully
………………………
X X X X Kumaradhasa
ACCOUNTANT
