Section 8 of Sectional Properties Act CAP 286: Liability of owner of a unit
Except to the extent that an interest endorsed on a sectional plan relates to a particular unit, the owner of a unit shall only be liable in respect of an interest endorsed on the sectional plan in proportion to the unit factor for his unit.
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- Section 9 - Requirements of sectional plans
(1) Every plan presented for registration as a sectional plan under this Act shall
—
(a) be described in the heading of the plan as a sectional plan;
(b) be geo-referenced;
(c) bear a statement...
- Section 10 - Boundaries of sectional units
(1) Unless otherwise stipulated in the sectional plan if—
(a) a boundary of a unit is described by reference to a floor, wall or ceiling; or
(b) a wall located within a unit is a load bearing wall,...
- Section 11 - Certificates to accompany sectional plans
(1) Every plan presented for registration as a sectional plan shall be endorsed by—
(a) a surveyor stating that the structure shown on the plan is within the external surface boundaries of the parcel...
- Section 12 - Application for sub-division etc., of a unit
(1) Any proprietor may, with the approval of the county government, sub-divide or consolidate his unit by registering a sectional plan relating to the unit intended to be so sub-divided or...
- Section 13 - Conversion to units
(1) If a building contains premises that are—
(a) rented for residential or commercial purposes to a tenant who is not a party to a purchase agreement; and
(b) not included in a sectional plan, the...
- Section 14 - Easements in favour of the owner
After the registration of a sectional plan, there is implied in respect of each unit shown on the sectional plan—
(a) in favour of the owner of the unit and as appurtenant to the unit, an easement...
- Section 15 - Easements against the owner
(1) After the registration of a sectional plan, there is implied in respect of each unit shown on the sectional plan—
(a) as against the owner of the unit, an easement, to which the unit is subject,...
- Section 16 - Easements or restrictions exist without mention
(1) Easements or restrictions as to user implied or created by this Act or theby-laws take effect and are enforceable—
(a) without any memorial or notification on that part of the register...
- Section 17 - Establishment of a Corporation
(1) On the registration of a sectional plan, there shall be constituted a Corporation under the name "The Owners, Sectional Plan No. (the number to be specified being the number given to the plan on...
- Section 18 - 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...
- Section 19 - 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...
- Section 20 - 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...
- Section 21 - 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...
- Section 22 - 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...
- Section 23 - 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...
- Section 24 - 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...
- Section 25 - 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...
- Section 26 - 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...
- Section 27 - 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...
- Section 28 - 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...
- Section 29 - 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...
- Section 30 - 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...
- Section 31 - 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...
- 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
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...
- Section 34 - 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...
- Section 35 - 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...
- Section 36 - 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...
- Section 37 - 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...
- 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
(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...
- 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
(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...
- Section 45 - 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...
- Section 46 - 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...
- 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
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...
- 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;
(b) personal service on a member of the board; or (c) electronic...
- Section 55 - 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...
- 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...