Sectional Properties Act Cap 286 in Kenya

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Search Results...

59 sections

• 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.

  
  
• Section 48 of Sectional Properties Act CAP 286: 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 receipt of a notice referred to in subsection (1) the Registrar shall make a notification in respect...

  
  
• Section 49 of Sectional Properties Act CAP 286: 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 that the unanimous resolution was properly passed, the transfer shall be executed in accordance to...

  
  
• Section 50 of Sectional Properties Act CAP 286: 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 the order.

  
  
• Section 51 of Sectional Properties Act CAP 286: 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 authority — (a) each unit and the share in the common property appurtenant to the unit constitutes a separate...

  
  
• Section 52 of Sectional Properties Act CAP 286: 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 of Sectional Properties Act CAP 286: Right of entry
  

  A county government, public authority or person authorized by either a county government or public authority shall have the right to access any part of a parcel or any other part of the parcel to the extent necessary or expedient to enable it or him to exercise its or his powers.

  
  
• Section 54 of Sectional Properties Act CAP 286: 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; (b) personal service on a member of the board; or (c) electronic transmission. (2) For the purposes of this section, "document" includes a summons, notice, tax notice, order...

  
  
• Section 55 of Sectional Properties Act CAP 286: Change of address for service
  

  (1) A Corporation may by resolution of the board change its address for service. (2) A change in the address for service under subsection (1) does not take effect until a notice of that change of address is filed in the prescribed form at the land registry.

  
  
• Section 56 of Sectional Properties Act CAP 286: 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 of Sectional Properties Act CAP 286: 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 year. (2) Subject to subsection (1), a person who contravenes the provisions of thisAct, for which no specific...

  
  
• Section 58 of Sectional Properties Act CAP 286: 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 purchaser of a unit has under this Act is in addition to anyother rights or remedies that he has at...

  
  
• Section 59 of Sectional Properties Act CAP 286: 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 registering sectional plans; (c) prescribing the fees to be paid for any procedure or function...