Condos in conflict: Empire vs Tri-Zen

By T. Farook Thajudeen

In an action that came up before Colombo District Court Residential Towers Ltd., (TRI-ZEN) at No. 17, Sir Chittampalam A. Gardiner Mawatha, Colombo 02 was restrained from building and or painting the North-West side of their condominium building at No. 5, Baybrooke Place, Colombo 02.

The Empire Management Corporation filed this action against Residential Towers (TRI-ZEN) and the matter was supported by Senior Counsel Ian Fernando with Malsha Wijerathne instructed by Derek Fernando Associates in the District Court of Colombo.

Counsel Fernando submitted to court that the distance between the two condominiums are roughly 16.5 meters. The Counsel said as required by the law when building a condominium one must put up a security mesh and or polythene to not to allow particles from the building to fall off and cause damage to adjoining buildings.

It was also submitted to court by Counsel Fernando the building Baybrooke Condominium is very close to the plaintiffs Empire Condominium. 

The Counsel underscored the fact that a mesh has been put up right on top of another building in the vicinity of People’s Bank down Union Place.

The Counsel said it was submitted that on numerous occasions Empire Management Corporation had requested Baybrooke Residential Towers (TRI-ZEN) to put up the said mesh to the top which the defendant did not accede to the plaintiff’s request.

Additional District H.M.B.R. Wijeratne verified from the plaintiff’s counsel whether a police entry has been made regarding these small objects being pieces of steel/concrete/ sloughs and various other objects which damaged the residences around.

The counsel said although a police statement was made to stop the defendant’s condominium (TRI-ZEN) from letting these objects fall into premises of the Plaintiff’s Condominium, It was a vain effort at the police station. Plaintiff also had submitted at the Police station that the defendant was carrying out building operations outside operating hours set out in the building permit and the defendant accepted and agreed that they will not do construction work outside the working hours nor will they use their crane over the buildings of the plaintiff’s company.

It has been assessed that there are occupants in 50 units of the Empire Condominium. The damages assessed for the 50 units for their repainting etc. is around Rs. 250 million.

The plaintiff’s Counsel reserved the plaintiff’s right to file action to recover the damages from the defendant’s.

Counsel Fernando further submitted that the Baybrooke Condominium (TRI-ZEN) had conceded that the slough has come into the swimming pool of the plaintiff’s Empire Condominium and the filters of the swimming pool was damaged due to congestion which valued at Rs. 1.9 million and the defendant Bay Brooke Condominium readily paid Rs. 1.1 million to restore the plaintiff’s swimming pool which was evidenced by the document annexed to the plaintiff.

Judge H.M.B.R. Wijeratne taking into consideration, the submission made by the counsel restrained the 1st defendant BayBrooke Condominium (TRI- ZEN) and 2nd defendant China State Construction from building operations of South West side of the building, for a period of 14 days by way of an Enjoining Order.

The Court ordered the plaintiff’s to secure Rs. 50,000 as a security by way of a deposit to grant the Enjoining Order.