Act and Laws in Kenya

(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...

(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...

(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...

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.

(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...

(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...

(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...

(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...

(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...

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...

(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.

(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...

(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...

(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...

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.

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.

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.

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.

(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...

(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...

(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...

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...

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.

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.

(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...

(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...

(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...

(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...

(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...

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.