- Section 18 of Sectional Properties Act CAP 286: Actions by or against the Corporation
(1) The Corporation shall be capable of suing and being sued in its corporate name subject to section 21, and of doing anything that a body corporate may do.
(2) Without restricting the generality of subsection (1), the Corporation may sue for and in respect of damage or injury to the common...
- Section 19 of Sectional Properties Act CAP 286: Liability in tort
(1) Where any proceedings are brought under the Occupiers Liability Act (Cap34) or in tort or in respect of an alleged breach of any statutory duty and it is required by law that proceedings be brought against the owner or occupier of any particular parcel of land or premises, the provisions of this...
- Section 20 of Sectional Properties Act CAP 286: Duties of the Corporation
(1) The Corporation shall—
(a) subject to this Act, carry out any duties imposed on it by the by-laws;
(b) unless by unanimous resolution all the proprietors otherwise resolve, insure and keep insured buildings and other improvements on the parcel against fire;
(c) effect such other insurance as...
- Section 21 of Sectional Properties Act CAP 286: Powers of the Corporation
Subject to this Act, the Corporation shall have all such powers as are reasonably necessary to enable it to carry out the duties imposed on it by this Act and by the by-laws:
Provided that the Corporation shall not have power to carry on any trading activities.
- Section 22 of Sectional Properties Act CAP 286: Disposition and dealings affecting the common property
(1) Any disposition and dealing affecting the common property or land thatis to become part of the common property shall be executed in accordance with Land Registration Act (Cap. 300) and approved by a unanimous resolution of the Corporation.
(2) A certificate under the common seal of the...
- Section 23 of Sectional Properties Act CAP 286: Registration of transfers of common property
(1) Every memorandum of transfer of the whole or any part or parts of the common property shall, in addition to any plan that the Registrar may require to be deposited under section 4, be accompanied by a sectional plan which shall be in substitution for and shall be deposited under the same number...
- Section 24 of Sectional Properties Act CAP 286: Voting rights
(1) The voting rights of the owner of a unit shall be determined by the unit factorfor his unit.
(2) When an owner's interest is subject to a registered charge, a power of voting conferred on an owner by this Act or the by-laws—
(a) if a unanimous resolution is required, may not be exercised by...
- Section 25 of Sectional Properties Act CAP 286: Voting where owner incapable
(1) Any powers of voting conferred by this Act or the by-laws may be exercised
—
(a) in the case of an owner who is a minor, by the guardian of his estate or, if no guardian has been appointed, by the Public Trustee; or
(b) in the case of an owner who is for any reason unable to exercise control...
- Section 26 of Sectional Properties Act CAP 286: Board of management
(1) A Corporation shall have a board of management that shall be constituted as provided by the by-laws of the Corporation.
(2) A Corporation shall, within fifteen days of a person becoming or ceasing tobe a member of the board, file at the land registry a notice in the prescribed form stating the...
- Section 27 of Sectional Properties Act CAP 286: Convening of meetings of the Corporation
When a developer registers a sectional plan, he shall within—
(a) ninety days from the day that fifty percent of the units are sold; or
(b) one hundred and eighty days from the day that the first unit is sold, whichever is sooner, convene a meeting of the Corporation at which a board shall be...
- Section 28 of Sectional Properties Act CAP 286: Annual meeting
(1) The board shall, once every year, convene an annual general meeting ofthe owners.
(2) An annual general meeting of the owners shall be convened by the board within fifteen months of the conclusion of the immediately preceding annual general meeting.
- Section 29 of Sectional Properties Act CAP 286: By-laws of the Corporation
(1) The Corporation may make by-laws to provide for the control, management and administration of the units, the movable and immovable property of the Corporation and the common property and for establishment of a Committee.
(2) Notwithstanding subsection (1), on first registration, the by-laws...
- Section 30 of Sectional Properties Act CAP 286: Enforcement of by-laws
(1) If an owner contravenes any of the by-laws, a corporation or an aggrieve downer may refer the dispute to the Committee provided for under section 20 and 30.
(2) A corporation or an aggrieved owner shall, when referring a dispute to the Committee under subsection (1), specify the by-laws that...
- 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...
- Section 32 of Sectional Properties Act CAP 286: 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 of Sectional Properties Act CAP 286: Recovery of money
If any interest referred to in section 32 or a deposit is owing by an owner to a Corporation, the Corporation may, in addition to any rights of recovery that it has in law, recover that amount in the same manner as a contribution under section 31.
- Section 34 of Sectional Properties Act CAP 286: Recovery of costs
If a Corporation registers a caution against the title to a unit under section 31(4), it may recover from the owner of the unit the cost incurred in preparing and registering the caution and in discharging the caution.
- Section 35 of Sectional Properties Act CAP 286: Investments
Subject to section 32, a Corporation may invest any funds not immediately required by it only in those investments in which a trustee may invest under the Trustee Act (Cap. 167) and is endorsed by a special resolution.
- Section 36 of Sectional Properties Act CAP 286: Information on request
(1) On the written request of an owner, a purchaser or chargee of a unit, theCorporation shall, within twenty days of receiving that request, provide the person making the request, subject to the payment of such charge as is prescribed in the regulations, with one or more of the following as...
- Section 37 of Sectional Properties Act CAP 286: Handing over of documents
(1) The owner of the land at the time a sectional plan is registered shall provide to the Corporation without charge not later than one hundred and eighty days from the day the sectional plan is registered the original or a copy of the following documents—
(a) all warranties and guarantees on the...
- Section 38 of Sectional Properties Act CAP 286: 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 damage caused by fire and such other perils as are specified in the by-laws; and
(ii) damages...
- Section 39 of Sectional Properties Act CAP 286: 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 request, subject to the payment of such charge as is prescribed in the by-laws, copies of the policies of...
- Section 40 of Sectional Properties Act CAP 286: 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 property.
- Section 41 of Sectional Properties Act CAP 286: 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 of Sectional Properties Act CAP 286: Procedure for granting restrictive covenants
(1) By a unanimous resolution a Corporation may be directed to execute on behalf of the owners a grant of easement or a restrictive covenant burdening the parcel.
(2) When the board is satisfied that the unanimous resolution was properly passed and that—
(a) all persons having interests in the...
- Section 43 of Sectional Properties Act CAP 286: 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 by-laws;
(c) the management agreement or proposed management agreement, if any;
(d) the recreational...
- Section 44 of Sectional Properties Act CAP 286: Management agreement
(1) A Corporation may contract a management agreement when its board is comprised of persons who were elected to the board while the majority of units were owned by the developer.
(2) Subject to subsection (3), a Corporation may terminate a management agreement contracted by the Corporation at any...
- Section 45 of Sectional Properties Act CAP 286: Renting of units
(1) An owner of a unit shall not rent his unit until he has given written notice tothe Corporation of his intention to rent the unit, setting forth the address at which he may be served with a notice given by the Corporation under section 46.
(2) The owner of a unit shall give an undertaking to the...
- Section 46 of Sectional Properties Act CAP 286: Notice to give up possession
(1) If a tenant occupying a unit causes the contravention or contravenes theby-laws, the corporation shall give notice to the owner of the unit to take necessary action immediately.
(2) If an owner fails to take necessary action within the time specified in thenotice, the Corporation shall give the...
- Section 47 of Sectional Properties Act CAP 286: 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.