Section 31 of Sectional Properties Act CAP 286: Administrative expenses
(1) In addition to other powers under this Act, the Corporation shall have the power to recover, from an owner, by an action in debt, any sum of money spent by the Corporation in execution of its duties as stipulated in section 20.
(2) A contribution levied as provided in section 20(2) is due and payable on the passing of a resolution to that effect and in accordance with the terms of the resolution, and may be recovered by an action for debt by the Corporation—
(a) from the person who was the owner at the time when the resolution was passed; and
(b) from the person who was the owner at the time when the action was instituted, both jointly and severally.
(3) A Corporation shall, on the application of an owner or a person authorized, in writing, by him, certify—
(a) the amount of any contribution determined as the contribution of the owner;
(b) the manner in which the contribution is payable;
(c) the extent to which the contribution has been paid by the owner; and
(d) the interest owing, if any, on any unpaid balance of a contribution, and, in favour of a person dealing with that owner the certificate is conclusive proof of the matter certified in it.
(4) A Corporation may register a caution against the title to an owner's unit for the amount of a contribution levied on the owner but unpaid by him.
(5) On the registration of the caution under subsection (4) the Corporation has a charge against the unit equal to the unpaid contribution.
(6) A charge under subsection (5) has the same priority from the date of registration of the caution as a charge under the Land Registration Act (Cap. 300).
(7) If the Corporation has registered a caution under this section the Corporationshall, within thirty days of the payment to it of the amount of the unpaid contribution, withdraw the caution.
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- Section 32 - Interest on outstanding account
The Corporation may, if permitted to do so by the by-laws, charge interest at a rate to be set out in the by-laws on any unpaid balance of a contribution owing to it by an owner.
- Section 33 - Recovery of money
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- Section 34 - Recovery of costs
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- Section 36 - Information on request
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- Section 37 - Handing over of documents
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- Section 38 - Insurance
(1) Where a sectional plan has not been registered prior to the sale of any units, the developer—
(a) shall insure the units and the common property against—
(i) loss resulting from destruction or...
- Section 39 - Copies of insurance policies
A Corporation shall, within twenty days of receiving a request in writing from an owner or a person authorized in writing by an owner or the chargee of a unit, provide to the person making the...
- Section 40 - Exclusive use areas
A Corporation, by a unanimous resolution, may, if its by-laws permit, grant a lease to an owner of a unit permitting that owner to exercise exclusive use in respect of an area or areas of the common...
- Section 41 - Covenants benefiting parcel
By a unanimous resolution a Corporation may be directed to accept on behalf of the owners a grant of easement or a restrictive covenant benefiting the parcel.
- Section 42 - Procedure for granting restrictive covenants
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(2) When the board is satisfied that...
- Section 43 - Sale of units
(1) A developer shall not sell or agree to sell a unit or proposed unit unless thedeveloper has delivered to a purchaser a copy of—
(a) the purchase agreement;
(b) the by-laws or proposed...
- Section 44 - Management agreement
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(2) Subject to...
- Section 45 - Renting of units
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- Section 46 - Notice to give up possession
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(2) If an owner...
- Section 47 - Termination of sectional property
The sectional status of a building may be terminated by—
(a) unanimous resolution;
(b) substantial or total damage to the building; or (c) compulsory acquisition.
- Section 48 - Effect of termination of sectional property
(1) On the sectional status of the building being terminated under section 47,the Corporation shall forthwith file with the Registrar a notice of the termination in the prescribed form.
(2) On the...
- Section 49 - Sale of sectional property
(1) When the sectional status of a building is being terminated, the Corporation may, by a unanimous resolution, be directed to transfer the parcel or any part of it.
(2) When the board is satisfied...
- Section 50 - Dissolution of Corporation
(1) The corporation shall stand dissolved upon the termination of the sectional property.
(2) By the same or subsequent order the Court may declare the Corporation dissolved on a date specified in...
- Section 51 - Assessment and taxation
(1) The rating authority shall assess rates, charges ground rent and taxes inrelation to the parcel or a part of it.
(2) For the purpose of assessment of rates and ground rent by a rating...
- Section 52 - Liability of Corporation
The Corporation is not liable in relation to the parcel for any rate, ground rent, charge or tax levied by a rating authority.
- Section 53 - Right of entry
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- Section 54 - Service of documents and notices
(1) Service of a document shall be effected through—
(a) physical delivery to a registered office or by registered post;
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- Section 55 - Change of address for service
(1) A Corporation may by resolution of the board change its address for service.
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- Section 56 - Fees for documents
The Corporation may charge a reasonable fee for the expenses incurred in producing and providing a document required under this Act.
- Section 57 - Offences and penalty
(1) A person who fails to comply with section 13(1) or 43 is guilty of an offence and shall be liable on conviction to a fine not exceeding twenty million shillings or imprisonment for one...
- Section 58 - Waiver, release, etc.
(1) This Act applies notwithstanding any agreement to the contrary and any waiver or release given of the rights, benefits or protections provided by or under this Act is void.
(2) A remedy that a...
- Section 59 - Regulations
(1) The Cabinet Secretary may make regulations—
(a) in respect of forms to be used for the purposes of this Act including the form of certificates of title to units;
(b) respecting the manner of...