Governor assents to the Sindh Condominium Act 2014

Sindh Governor Dr Ishrat-ul-Ebad Khan has assented to the Sindh Condominium Act, 2014. According to a notification issued here on Monday, the Act shall be enforced with immediate effect and shall extend to the whole of the province of Sindh except to the cantonment areas and the projects of National Security as declared by the Federal Government.
The Act is aimed at regulation of the services, amenities, facade, parking and common areas in public sale projects by the residents, union or society of the project through the registered maintenance companies in the province of Sindh and to provide for matters ancillary thereto.
1) "The maintenance of the project for one year after obtaining completion certificate from the Authority shall be the responsibility of the builder through registered maintenance company which may charge appropriate maintenance fee from the allottees as prescribed. The lessee shall be authorised to collect one year maintenance fee from the sub-lessee in advance before handing over possession of the unit to the sub-lessee. The balance of maintenance amount collected by the builder shall be handed over to the maintenance company or to the resident co-operative maintenance society through a crossed cheque.
The maintenance period shall start from the day of approval of completion certificate of the building and as the allottees are informed in writing through registered post or courier service to take over the possession. The builder shall provide lift fitness certificate to the resident co-operative maintenance society or management company alongwith signed contract for maintenance of lift, for one year at the time of handing over the project.
In case the builder or his designated management intends to maintain, manage the building and shopping mall, shall have to form a maintenance management company duly registered with the Authority; provided that priority to maintain the building shall be given to Maintenance Company owned by the builder. The maintenance of the services and amenities at public sale projects shall be the responsibility of the registered maintenance companies through allottee who shall form a co-operative society under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 for the maintenance of the project.
The society shall be an organisation not- for profit, to promote harmony and a sense of belonging among allottees of the project and have a separate legal entity from its members and have the right to sue in this capacity. The society shall be formed within six months from handing over possession of fifty percent of the units or one year form the date the unit is completed and the builder has informed the allottees for possession through registered post or courier service whoever is earlier.
The society shall comprise of the allottee, builder or developer in case of unsold units if any. Each allottee, builder or developer in respect of unsold units, shall have the right to vote and attend the meeting of the general body of the society in accordance with the constitution of the society.
Each unsold unit shall have one vote for his share of ownership in the jointly owned property. The society shall, on the application of an allottee or any person authorised by him in writing by, make its bye laws available for inspection. In case of any particular area where the registered management company is not ready or interested in taking over the building, the builder shall form a society and the possession shall be handed over to them within six months thereby transferring all assets and liabilities to the society.
The society shall be responsible for the maintenance, operation and management of a common area, utility services in the project by collecting maintenance charges which shall be determined by the society in their general body meeting and the builder or developer shall pay his share of the charges with respect to unsold units to the society or management company. The society shall exercise the powers and perform the following functions:
2)
a) To supervise, manage, operate and maintain all the common areas, utility system for the collective benefit of the allottee in a way that promotes positive environmental outcomes and harmony among the allottees;
b) To integrate waste disposal, treatment and management, water and energy efficiency policies into the society's strategy;
c) To maintain the project through maintenance company;
d) To cover complete maintenance of the project including maintenance of lifts, generators, pumps or motors, face lifting, compound lights, stair lights, security guards, cleaning, sweeping, white wash or paint, seepage in the building of the main pipelines, cleaning of underground and overhead water tanks and maintenance of amenities including parking areas;
e) To enter into the contract with registered maintenance company for maintenance of the project;
f) To manage, control and supervise all the maintenance work carried out by the maintenance company as per the maintenance contract.
3) The first annual maintenance contract for any newly completed project shall be given by the builder to the maintenance company at competitive rates and the subsequent maintenance contract shall be awarded by the society.
4) The society shall be responsible to maintain the facade of the project and external painting with weather shield paint; may be done every five years through maintenance company, for which additional amount may be collected from the allottees.
5) The society may request the Authority to inspect the project to ascertain the maintenance work carried out by the maintenance company and in case of dissatisfaction of contractual obligations, the Authority may cancel the registration of Maintenance Company or stop renewal of the annual registration of the company, or demote the maintenance company to a lower category.
6) The society shall have a lien on every unit for unpaid charges or any other dues levied on the property as per the provisions of the constitutions of the society and the right shall exist even when the ownership it transferred.
The maintenance company shall:
a) be responsible to take over maintenance of the project from the builder on completion of six months maintenance period subject to clearance of all outstanding dues or liabilities of utilities of common areas by the builder till such time;
b) Charge maintenance charges from the allottees as decided in general body meeting of the society;
c) Enter into a unit upon reasonable written notice to the allottee or without notice in emergency to inspect or carryout repair work where the allottee has failed, after reasonable written notice to carry out that work in accordance with his obligations or sub-lease conditions.
In case of any violation of conditions of sub-lease by any allottee or failure to remove or repair the defect by the maintenance company, the society may intimate the matter to the Competent Authority and builder with the request to forfeit sub-lease and cancel allotment of the unit.
In case of non-payment of maintenance charges for more than two months, the Maintenance Company through society may disconnect the water connection of individual unit from overhead tank and may cease the parking rights along with amenities and services except prayer area and funeral parlour.
The society shall ensure that all the allottees are paying utility bills regularly and in case of theft of electric, water, Sui gas by by-passing the meters, the society shall report the matter to K-electric, WAPDA, Karachi Water and Sewerage Board, Water and Sewerage Authority and Sui-Southern Gas Company.
The society shall ensure and keep insured the entire building for the replacement value thereof against the risk of fire, civil commotion, riots, earthquake, bomb blast and the premium paid thereon shall be recovered from the unit holder.
All buildings completed immediately before the commencement of this Act, shall also fall within the purview of this Act and shall be dealt with in accordance with the provisions of this Act".