Sectional Properties Act
This Act may be cited as the Sectional Properties Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 286
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Sectional Properties Act. The Act applies only to land held on freehold title or to leasehold land when the unexpired residue of the term is at least twenty-one years and there is an intention to confer ownership. Defines the movable and immovable property of the Corporation associated with the units. Defines how boundaries and certain elements of sectional units are described: a boundary is described by reference to a floor, wall or ceiling; a wall within a unit is a load-bearing wall; and, notwithstanding subsection (1), all doors and windows of a unit are part of the unit unless the sectional plan states otherwise. Surveyors must provide certificates about boundary conformity and easements; surveyors must apply for county endorsement in the prescribed form; where a plan is for a building with units it must be endorsed by a surveyor or other person approved by the Director of Survey that the units correlate with the structure.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Sectional Properties Act
Showing 59 of 59
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the Sectional Properties Act.
Section 1. Short title Section This Act may be cited as the Sectional Properties Act. - 2 Verify source ↗
PRELIMINARY - 2. Application
The Act applies only to land held on freehold title or to leasehold land when the unexpired residue of the term is at least twenty-one years and there is an intention to confer ownership.
Section 2. Application Section This Act shall apply only in respect of land held on freehold title or on a leasehold title where the unexpired residue of the term is not less than twenty-one years and there is an intention to confer ownership. - 3 Verify source ↗
PRELIMINARY - 3. Interpretation
Defines the movable and immovable property of the Corporation associated with the units.
Section 3. Interpretation Section the movable and immovable property of the Corporation associated with the units; and
Part II
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS
- 10 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 10. Boundaries of sectional units
Defines how boundaries and certain elements of sectional units are described: a boundary is described by reference to a floor, wall or ceiling; a wall within a unit is a load-bearing wall; and, notwithstanding subsection (1), all doors and windows of a unit are part of the unit unless the sectional plan states otherwise.
Section 10. Boundaries of sectional units Section 10(1)(a) a boundary of a unit is described by reference to a floor, wall or ceiling; or Section 10(1)(b) a wall located within a unit is a load bearing wall, Section 10(2) Notwithstanding subsection (1), all doors and windows of a unit are part of the unit unless otherwise stipulated in the sectional plan. - 11 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 11. Certificates to accompany sectional plans
Surveyors must provide certificates about boundary conformity and easements; surveyors must apply for county endorsement in the prescribed form; where a plan is for a building with units it must be endorsed by a surveyor or other person approved by the Director of Survey that the units correlate with the structure.
Section 11. Certificates to accompany sectional plans Section 11(1)(a) a surveyor stating that the structure shown on the plan is within the external surface boundaries of the parcel which is the subject of the plan, and if gutterings project beyond those external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel; and Section 11(1)(b) a certificate from the county government stating that the proposed division of the structure as illustrated on the plan has been approved by the county government. Section 11(2) A surveyor shall apply for an endorsement by a county government under subsection (1) (b), in the prescribed form, to the County Executive Committee Member responsible for approval of buildings. Section 11(3) Where the plan presented for registration as a sectional plan is in respect of a building containing units, it shall, in addition to the certificate required under subsection (1), be endorsed by a surveyor or such other person as shall be approved by the Director of Survey stating that the units shown on the plan correlate with the existing structure. Section 11(4)(a) the development scheme, development control by-law, zoning by-law or land use by-law, as the case may be; and Section 11(4)(b) any permit issued under that scheme or by-law that existed at the time the building permit was issued. Section 11(5)(a) the surface boundaries of the parcel as defined in this Act on which that building is located correspond to the boundaries of a parcel as defined in the Physical and Land Use Planning Act (Cap. 303); and Section 11(5)(b) the building located on the parcel contains two or more units. - 12 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 12. Application for sub-division etc., of a unit
A proprietor may subdivide or consolidate a unit by registering a sectional plan with county government approval; before registering a proposed subdivision or consolidation the Registrar must amend the original sectional plan as prescribed by regulations.
Section 12. Application for sub-division etc., of a unit Section 12(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 consolidated in the manner provided by this Act for the registration of sectional plans. Section 12(2) Except as provided in this section the provisions of this Act relating to sectional plans apply with all necessary modifications to a sub-division or consolidation of units. Section 12(3) On the registration of a sectional plan of sub-division or consolidation, units comprising the sectional plan are subject to the burden and have the benefit of any easements affecting those units in the original sectional plan which are included in the sectional plan of sub-division or consolidation. Section 12(4) The schedule endorsed on a sectional plan of sub-division or consolidation as required by section 9 (1) shall apportion among the units the unit factor or factors for the unit or units in the original sectional plan that are included in the sub-division or consolidation. Section 12(5) Before registering a proposed sectional plan of sub-division or consolidation, the Registrar shall amend, in the manner prescribed by the regulations, the original sectional plan as endorsed by a surveyor. Section 12(6) On registration of a sectional plan of sub-division or consolidation, the land comprised in it shall not be dealt with by reference to units in the original sectional plan. - 13 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 13. Conversion to units
Certain existing long-term sub‑leases must be reviewed to conform with section 54(5) of the Land Registration Act within two years; owners who already paid stamp duty are exempt from further stamp duty during that review; developers, management companies or owners may initiate the conversion; the Registrar must dispense with original title production in specified circumstances and must register a restriction if proprietors or developers fail to comply.
Section 13. Conversion to units Section 13(1)(a) rented for residential or commercial purposes to a tenant who is not a party to a purchase agreement; and Section 13(1)(b) not included in a sectional plan, Section 13(2) All long term sub-leases that are intended to confer ownership of an apartment, flat, maisonette, town house or an office that were registered before the commencement of this Act shall be reviewed to conform to section 54 (5) of the Land Registration Act (Cap. 300) within a period of two years of the commencement of this Act. Section 13(3) An owner who had already paid stamp duty for a sub-lease shall not be required to pay stamp duty during its revision under subsection (2). Section 13(4) A developer, a management company or an owner of a unit may initiate the conversion required under subsection (2). Section 13(5) The Registrar shall dispense with the production of the original title pursuant to section 31 of the Land Registration Act (Cap. 300) if the developer is not willing or is unavailable to surrender the title to the parcel for the purposes of conversion. Section 13(6) The Registrar shall register a restriction against the title of the parcel to prevent any further dealings on it if a proprietor or developer fails to comply with this section. - 14 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 14. Easements in favour of the owner
The owner of a unit is entitled to an easement for the subjacent and lateral support of the unit by the common property and by other units capable of affording support.
Section 14. Easements in favour of the owner Section in favour of the owner of the unit and as appurtenant to the unit, an easement for the subjacent and lateral support of the unit by the common property and by every other unit capable of affording support; - 15 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 15. Easements against the owner
Section 15 creates easements against the owner of a unit: (a) for subjacent and lateral support, (b) to provide shelter, and (c) for passage or provision of services via pipes, wires, cables or ducts; and entitles utility service providers to benefit from appropriate implied easements (without excluding other utility owners).
Section 15. Easements against the owner Section 15(1)(a) as against the owner of the unit, an easement, to which the unit is subject, for the subjacent and lateral support of the common property and of every other unit capable of enjoying support; Section 15(1)(b) as against the owner of the unit, an easement, to which the unit is subject, to provide shelter to the common property and to every other unit capable of enjoying shelter; and Section 15(1)(c) as against the owner of the unit, an easement, to which the unit is subject, for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires, cables or ducts for the time being existing within the unit as appurtenant to the common property and also to every other unit capable of enjoying those easements. Section 15(2) When an easement is implied by this section, the owner of any utility service providing a service to the parcel, or to any unit on it, is entitled to the benefit of any of those easements that are appropriate to the proper provision of that service, but not to the exclusion of the owner of any other utility service. - 16 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 16. Easements or restrictions exist without mention
Easements implied by this Act may exist even if they are not recorded on the register or expressly indicated; ancillary rights and obligations necessary to make those easements effective are included, including a right for the owner of the dominant tenement to enter the servient tenement and replace, renew or restore things they benefit from.
Section 16. Easements or restrictions exist without mention Section 16(1)(a) without any memorial or notification on that part of the register constituting titles to the dominant or servient tenements; and Section 16(1)(b) without any express indication of those tenements. Section 16(2) All ancillary rights and obligations reasonably necessary to make easements effectively apply in respect of easements implied by this Act, including the right of an owner of dominant tenement to enter a servient tenement and replace, renew or restore anything the dominant tenement is entitled to benefit from. - 4 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 4. Sub-division of buildings into units
Surveyors are prohibited from preparing a sectional plan unless shown proof of ownership; a sectional plan must be accompanied by an application for registration by the corporation and a list of unit owners, with that list updated from time to time as needed.
Section 4. Sub-division of buildings into units Section 4(1) An existing structure may be designated a building containing a unit or part of a unit or divided into two or more units by the registration of a sectional plan prepared, by a surveyor, from a building plan that has been approved by a county government. Section 4(2) A surveyor shall not prepare a sectional plan unless he is presented with proof of ownership of the parcel or unit to which the sectional plan shall apply. Section 4(3) A sectional plan shall be accompanied by an application for registration by the corporation and a list of the persons who are the owners of the units in the parcel which shall be updated from time to time on need basis. Section 4(4)(a) describes two or more units in it; and Section 4(4)(b) is presented for registration in quadruplicate. Section 4(5) For the purposes of the Land Registration Act (Cap. 300), a sectional plan shall be deemed on registration to be embodied in the register. - 5 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 5. Registration of sectional plans
When a sectional plan is registered the register of the parcel is closed; a separate register is opened for each unit; on payment of the prescribed fee a certificate of title (for freehold) or certificate of lease (for leasehold) is issued for each unit and must include its proportionate share in the common property; interests on the closed parcel register are endorsed on the new unit registers and on the sectional title deeds; no more than one unit may be referred to in one register and no other land except the apportioned share in the common property may be in that register; upon registration the unit's title is deemed issued under the Land Registration Act and thereafter dealings in the unit are governed by the Land Registration Act.
Section 5. Registration of sectional plans Section 5(1)(a) close the register of the parcel described in it; and Section 5(1)(b) open a separate register for each unit described in the plan; and Section 5(1)(c) on payment of the prescribed fee, issue, in respect of each unit of the sectional property, a certificate of title if the property is freehold or a certificate of lease if the property is leasehold and shall include its proportionate share in the common property. Section 5(2) Any interests affecting the parcel which are noted on the register closed under subsection (1)(a) shall be endorsed on the registers opened under subsection (1)(b) and on the title deed for sectional property issued under subsection (1)(c). Section 5(3) No more than one unit may be referred to in one register and no other land, except the share in the common property apportioned to the owner of that unit in accordance with section 6(2) may be referred to in the same register. Section 5(4)(a) the register of the unit opened under subsection (1)(b); and Section 5(4)(b) the title deed for sectional property issued in respect of the unit under subsection (1)(c). Section 5(5) Notwithstanding any other written law, as soon as a sectional plan is registered under this Act, the title to a unit comprised in the plan shall, with effect from the date of the registration of the sectional plan, be deemed to be issued under the Land Registration Act (Cap. 300). Section 5(6) After the register for a unit is opened pursuant to subsection (1)(b), all dealings and dispositions regarding the unit shall be done in accordance with the Land Registration Act (Cap. 300). - 6 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 6. Certificate to indicate share in common property
The Registrar must record each unit owner’s share of the common property in the unit register and on the sectional property title deed; unit owners hold the common property as tenants in common in shares proportional to unit factors.
Section 6. Certificate to indicate share in common property Section 6(1) The Registrar shall, on opening a register for a unit under section 5 (1), include in that register the share in the common property apportioned to the owner of that unit under subsection (2) of this section, and shall include that share in the common property on a title deed for sectional property issued in respect of the unit under section 5 (1) (c). Section 6(2) The common property comprised in a registered sectional plan shall be held by the owners of all the units as tenants in common in shares proportional to the unit factors for their respective units. Section 6(3) Where the same person is the owner of all the units, subsection (2) shall apply as if there were different owners for each of the units. - 7 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 7. Incidental rights of owners of common property, etc.
Owners of the common property and each unit on a sectional plan have appurtenant rights to support, services, and access to light, and those rights include ancillary easement-like rights; the section does not affect parcels other than the parcel to which the sectional plan relates.
Section 7. Incidental rights of owners of common property, etc. Section 7(1) The common property and each unit on a sectional plan shall, by virtue of this section, have as appurtenant thereto all such rights of support, shelter and protection, and for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, air and all other services of whatsoever nature (including telephone, radio and television services) over the parcel and every structure thereon as may from time to time be necessary for the reasonable use or enjoyment of the common property or unit. Section 7(2) The common property and each unit on a sectional plan shall, by virtue of this section, have as appurtenant thereto a right to the full, free and uninterrupted access and use of light to or for any windows, doors or other apertures existing at the date of the registration of the sectional plan and enjoyed at that date. Section 7(3) The rights created by this section shall carry with them all ancillary rights necessary to make them effective as if they were easements. Section 7(4) Nothing in this section shall affect any parcel other than the parcel to which the sectional plan relates. - 8 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 8. Liability of owner of a unit
The owner of a unit is only liable for interests on the sectional plan in proportion to that unit's unit factor, except where an interest relates to a particular unit.
Section 8. Liability of owner of a unit Section 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. - 9 Verify source ↗
PREPARATION AND REGISTRATION OF SECTIONAL PLANS AND UNITS - 9. Requirements of sectional plans
Sectional plans must include specific particulars; the proprietor must sign the plan; the survey office or authority must sign and seal it; and the Registrar must submit a copy of the registered sectional plan to the county government within twenty-one days of registration.
Section 9. Requirements of sectional plans Section 9(1)(a) be described in the heading of the plan as a sectional plan; Section 9(1)(b) be geo-referenced; Section 9(1)(c) bear a statement containing those particulars as may be necessary to identify the title to the parcel; Section 9(1)(d) include a drawing illustrating the units and distinguishing the units by numbers or other symbols; Section 9(1)(e) show the approximate floor area of each unit; Section 9(1)(f) have endorsed on it a schedule specifying in whole numbers the unit factor for each unit in the parcel; Section 9(1)(g) be signed by the proprietor; Section 9(1)(h) be signed and sealed by the office or authority responsible for survey; Section 9(1)(i) have endorsed on it the address at which documents may be served on the Corporation concerned in accordance with section 54 ; Section 9(1)(j) clearly indicate the user of the unit; and Section 9(1)(k) contain any other particulars prescribed in the regulations. Section 9(2) The Registrar shall, within twenty-one days from the day a sectional plan is registered, submit to the county government of the area in which the parcel is located, a copy of the registered sectional plan.
Part III
ESTABLISHMENT OF THE CORPORATION
- 17 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 17. Establishment of a Corporation
The Registrar must issue a certificate of registration for the corporation; the Corporation must have perpetual succession and a common seal.
Section 17. Establishment of a Corporation Section 17(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 registration)". Section 17(2) The Registrar shall issue a certificate of registration of the corporation. Section 17(3)(a) who are the owners of units in the parcel to which the sectional plan relates; or Section 17(3)(b) who are entitled to the parcel when the sectional arrangement is terminated under this Act. Section 17(4) The Corporation shall have perpetual succession and a common seal. Section 17(5) The Corporation shall be regulated in accordance with this Act and the bylaws specified in the regulations shall subject thereto, have effect in relation to the corporation and its board. Section 17(6) The provisions of the Companies Act (Cap. 486) shall not apply to the Corporation. - 18 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 18. Actions by or against the Corporation
The Corporation can sue and be sued in its corporate name, and may do anything a body corporate may do (subject to section 21); it may also sue in respect of damage or injury to common property.
Section 18. Actions by or against the Corporation Section 18(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. Section 18(2) Without restricting the generality of subsection (1), the Corporation may sue for and in respect of damage or injury to the common property caused by any person, whether that person is the proprietor of a unit or not. - 19 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 19. Liability in tort
Section 19 sets rules about liability in tort for common property: the Corporation is treated as owner/occupier of common property for proceedings and may recover judgments as a debt from proprietors; proprietors are deemed to have guaranteed payment; sums payable by the Corporation may be paid from a general fund if resolved in a general meeting.
Section 19. Liability in tort Section 19(1) Where any proceedings are brought under the Occupiers Liability Act (Cap 34) 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 shall apply notwithstanding any Act or rule of law to the contrary. Section 19(2)(a) the common property and each of the units shall be separate premises; and Section 19(2)(b) where the proceedings are brought in respect of the common property, the Corporation shall be deemed to be the owner and occupier of the common property and any judgment which may be awarded to the plaintiff shall be entered against the Corporation accordingly: Section 19(3) The amount of any judgment (including costs) given jointly and severally as provided in subsection (2) may be recovered as a debt by the Corporation from the proprietor or proprietors against whom judgment is given in an action in any court of competent jurisdiction. Section 19(4) Where the defendant in any proceedings to which this section applies is the Corporation, the proprietors of the units at the time when judgment is entered shall be deemed to have guaranteed to the plaintiff the payment by the Corporation of the full amount awarded by way of judgment. Section 19(5) If the Corporation in a general meeting so resolves, any sum payable by it in accordance with the provisions of this section may be paid out of any general fund established by it. - 20 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 20. Duties of the Corporation
Sets out duties and powers of the Corporation including insuring and maintaining common property, paying insurance premiums, enforcing by-laws, levying contributions, maintaining funds, and using technology.
Section 20. Duties of the Corporation Section 20(1)(a) subject to this Act, carry out any duties imposed on it by the by-laws; Section 20(1)(b) unless by unanimous resolution all the proprietors otherwise resolve, insure and keep insured buildings and other improvements on the parcel against fire; Section 20(1)(c) effect such other insurance as it is required by law to effect or as it may consider expedient; Section 20(1)(d) pay the premiums in respect of any policies of insurance effected by it; Section 20(1)(e) keep the common property in a state of good repair; Section 20(1)(f) comply with any notice or order duly served on it by the county government or public body requiring repairs to, or work to be performed in respect of, the land or any building or improvements thereon; Section 20(1)(g) subject to this Act, control, manage, and administer the common property and do all things reasonably necessary for the enforcement of the by-laws; Section 20(1)(h) do all things reasonably necessary for the enforcement of any lease or licence under which the land is held; Section 20(1)(i) do all things reasonably necessary for the enforcement of any contract of insurance entered into by it under this section; and Section 20(1)(j) do all other things to ensure the property is well managed including engaging the services of a property manager or any other persons they deem necessary. Section 20(2)(a) establish and maintain a fund for administrative expenses sufficient, in the opinion of the Corporation, for the control, management, and administration of the common property, and for the payment of any insurance premiums, and the discharge of any other obligation of the Corporation; Section 20(2)(b) determine from time to time the amounts to be paid for the purposes aforesaid; and Section 20(2)(c) raise amounts so determined by levying contributions on the proprietors in proportion to the unit entitlement of their respective units. Section 20(3) The Corporation may, pursuant to a resolution of the proprietors, distribute any money or personal property in its possession and surplus to its current requirements among the proprietors for the time being according to their unit entitlements. Section 20(4) For the purposes of effecting any policy of insurance under the provisions of subsection (1) the Corporation shall be deemed to have an insurable interest on all the buildings and other improvements on the parcel. Section 20(5) Any policy of insurance authorized by this section and effected by the Corporation in respect of any buildings or other improvements on the parcel shall not be liable to be brought into contribution with any other policy, save another policy authorized by this section in respect of the same buildings or improvements. Section 20(6) The corporation may constitute an Internal Dispute Resolution Committee on a need basis to hear and determine disputes. Section 20(7) The Corporation may use technology in the execution of its duties. - 21 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 21. Powers of the Corporation
Subject to this Act, the Corporation must have the powers reasonably necessary to carry out duties imposed by this Act and the by-laws; the Corporation must not carry on any trading activities.
Section 21. Powers of the Corporation Section 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. - 22 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 22. Disposition and dealings affecting the common property
Dispositions or dealings that affect the common property or land to become part of it must be executed under the Land Registration Act (Cap. 300) and approved by a unanimous resolution of the Corporation; no such disposition may occur until a meeting of the corporation is held in accordance with section 27.
Section 22. Disposition and dealings affecting the common property Section 22(1) Any disposition and dealing affecting the common property or land that is 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. Section 22(2) A certificate under the common seal of the Corporation that any such approval has been given shall be sufficient evidence of the approval in the absence of proof to the contrary. Section 22(3) There shall be no disposition or dealing affecting the common property until a meeting of the corporation is held in accordance with section 27 . - 23 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 23. Registration of transfers of common property
The Registrar must not register a transfer of common property if any unit is subject to a registered charge, lease, or sublease until written consent of every registered chargee, lessee and sub-lessee to release their interest is produced.
Section 23. Registration of transfers of common property Section 23(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 as the existing sectional plan, and shall show the effect of the transfer to the satisfaction of the Registrar. Section 23(2) Where any unit is subject to any existing registered charge, lease, or sublease, the Registrar shall not register any transfer of the whole or any part or parts of the common property until there has been produced to him a consent in writing by every registered chargee, lessee, and sub-lessee to the release of his interest in the land comprised in the transfer; and upon registration of the transfer each such consent shall operate as a discharge of the charge or a surrender of the lease or sublease, as to the land comprised in the transfer, as the case may be. Section 23(3)(a) causing an appropriate memorial relating to the transfer to be noted on the new unit plan and on the supplementary record sheet; and Section 23(3)(b) issuing in the name of the transferee a certificate of sectional property for the land transferred, free from any incidental rights existing over the land by virtue of any written law. - 24 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 24. Voting rights
Voting rights of a unit owner are set by the unit factor; owners may be prevented from voting in favour of unanimous resolutions or when a chargee present, and registered or first-priority chargees may exercise the vote; an owner or chargee may vote personally or by proxy.
Section 24. Voting rights Section 24(1) The voting rights of the owner of a unit shall be determined by the unit factor for his unit. Section 24(2)(a) if a unanimous resolution is required, may not be exercised by the owner, but is exercisable by the registered chargee first entitled in priority; and Section 24(2)(b) in other cases, is exercisable by the chargee first entitled in priority and may not be exercised by the owner if the chargee is present personally or by proxy. Section 24(3) Subsection (2) does not apply unless the chargee has given written notice of his charge to the Corporation. Section 24(4) An owner or chargee, as the case may be, may exercise his right to vote personally or by proxy. - 25 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 25. Voting where owner incapable
Specifies who may vote when an owner is a minor or otherwise incapable and gives the Court power to appoint someone (including the Public Trustee) to exercise voting powers and to make orders to effect such an appointment.
Section 25. Voting where owner incapable Section 25(1)(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 Section 25(1)(b) in the case of an owner who is for any reason unable to exercise control over his property, by the person who for the time being is authorized by law to exercise control over that property. Section 25(2)(a) shall in cases when a unanimous resolution is required by this Act; and Section 25(2)(b) may, in its discretion, in any other case, appoint the Public Trustee or such other person as the Court determines for the purpose of exercising the powers of voting under this Act and the by-laws. Section 25(3) On making an appointment under this section, the Court may make any order it considers necessary or expedient to give effect to the appointment. - 26 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 26. Board of management
Corporations must have a board of management and must file prescribed notices at the land registry within fifteen days when someone becomes or ceases to be a board member.
Section 26. Board of management Section 26(1) A Corporation shall have a board of management that shall be constituted as provided by the by-laws of the Corporation. Section 26(2) A Corporation shall, within fifteen days of a person becoming or ceasing to be a member of the board, file at the land registry a notice in the prescribed form stating the name and address of that person and the day that the person became or ceased to be, as the case may be, a member of the board. Section 26(3) The powers and duties of a Corporation shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the board of the Corporation. Section 26(4) All acts done in good faith by a board are, notwithstanding that it is afterwards discovered that there was some defect in the election or appointment or continuance in office of any member of the board, as valid as if the member had been properly elected or appointed or had properly continued in office. - 27 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 27. Convening of meetings of the Corporation
Meetings are to be convened ninety days from the day that fifty percent of the units are sold.
Section 27. Convening of meetings of the Corporation Section ninety days from the day that fifty percent of the units are sold; or - 28 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 28. Annual meeting
The board must convene an annual general meeting of the owners once every year and in any case within fifteen months after the previous annual general meeting.
Section 28. Annual meeting Section 28(1) The board shall, once every year, convene an annual general meeting of the owners. Section 28(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. - 29 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 29. By-laws of the Corporation
Section 29 allows the Corporation to make by‑laws governing management and property; specifies what by‑laws cannot do; binds owners and the Corporation to by‑laws; requires county approval for material changes of common property; and permits use/keeping of guide dogs by blind persons.
Section 29. By-laws of the Corporation Section 29(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. Section 29(2) Notwithstanding subsection (1), on first registration, the by-laws specified in the regulations shall be the by-laws of the Corporation. Section 29(3) Any by-law may be amended, repealed or replaced by a special resolution. Section 29(4)(a) the Corporation has filed a copy of it with the Registrar; and Section 29(4)(b) the Registrar has made a memorandum of the filing on the sectional plan. Section 29(5) No by-law shall operate to prohibit or restrict the devolution of units or any transfer, lease or other dealing with them or to destroy or modify an easement implied or created by this Act. Section 29(6) The by-laws bind the Corporation and the owners to the same extent as if the by-laws had been signed and sealed by the Corporation and by each owner and contained covenants on the part of each owner with every other owner and with the Corporation to observe and perform all the provisions of the by-laws. Section 29(7) A by-law made by a corporation under subsection (1) shall have no force or effect to the extent to which it purports to permit material change in the use or density of the common property without the approval of the relevant county government. Section 29(8)(a) the keeping on a unit of a dog used as a guide by a completely blind owner, occupier or resident of the unit; or Section 29(8)(b) the use of a dog as a guide on a unit or common property by a completely or partially blind person. - 30 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 30. Enforcement of by-laws
Section 30 sets how by-law disputes are handled: a corporation or aggrieved owner may refer a breach to the Committee; when referring they must specify the by-laws; the Committee must determine the dispute and issue a written signed order; a corporation may only commence actions if authorized by its by-laws; non-compliance allows the aggrieved party to apply to Court; dissatisfied parties may appeal to Court.
Section 30. Enforcement of by-laws Section 30(1) If an owner contravenes any of the by-laws, a corporation or an aggrieved owner may refer the dispute to the Committee provided for under section 20 and 30 . Section 30(2) A corporation or an aggrieved owner shall, when referring a dispute to the Committee under subsection (1), specify the by-laws that were contravened by the owner. Section 30(3) On hearing a dispute referred to it in accordance with subsection (1), the Committee shall determine the dispute and make a finding and order which shall be in writing and signed by the members of the Committee. Section 30(4) A Corporation shall not commence an action under this section unless it is authorized by the by-laws to do so. Section 30(5) Referral of a dispute to a Committee under this section shall not restrict or derogate the referee from a remedy that an owner or the corporation may have against the disputing person. Section 30(6) In the event of non-compliance with an order of a Committee the aggrieved party may apply to the Court to enforce the order of the Committee. Section 30(7) If a party is dissatisfied with the determination of a Committee under this section, the party may appeal to the Court. - 31 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 31. Administrative expenses
Corporation may recover sums spent enforcing its duties from owners, may register a caution against an owner's unit for unpaid contributions (creating a charge with Land Registration Act priority), and must withdraw such a caution within thirty days after payment.
Section 31. Administrative expenses Section 31(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 . Section 31(2)(a) from the person who was the owner at the time when the resolution was passed; and Section 31(2)(b) from the person who was the owner at the time when the action was instituted, both jointly and severally. Section 31(3)(a) the amount of any contribution determined as the contribution of the owner; Section 31(3)(b) the manner in which the contribution is payable; Section 31(3)(c) the extent to which the contribution has been paid by the owner; and Section 31(3)(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. Section 31(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. Section 31(5) On the registration of the caution under subsection (4) the Corporation has a charge against the unit equal to the unpaid contribution. Section 31(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). Section 31(7) If the Corporation has registered a caution under this section the Corporation shall, within thirty days of the payment to it of the amount of the unpaid contribution, withdraw the caution. - 32 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 32. Interest on outstanding account
The Corporation may, if the by-laws permit, charge interest on any unpaid contribution balance owing to it by an owner.
Section 32. Interest on outstanding account Section 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. - 33 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 33. Recovery of money
If an owner owes interest under section 32 or a deposit, the Corporation may recover that amount as if it were a contribution under section 31.
Section 33. Recovery of money Section 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 . - 34 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 34. Recovery of costs
If a Corporation registers a caution under section 31(4) it may recover from the unit owner the costs of preparing, registering and discharging that caution.
Section 34. Recovery of costs Section 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. - 35 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 35. Investments
Subject to section 32, a Corporation may invest funds not immediately required only in investments a trustee may make under the Trustee Act (Cap. 167) and that are endorsed by a special resolution.
Section 35. Investments Section 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. - 36 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 36. Information on request
The Corporation must provide specified information on request; an aggrieved person may seek a Committee order to compel compliance, and the Committee can order compliance and impose penalties up to KSh 500 per day after 20 days.
Section 36. Information on request Section 36(1)(a) a statement setting forth the amount of any contributions due and payable in respect of a unit; Section 36(1)(b) any action commenced against the Corporation and served on the Corporation; Section 36(1)(b)(i) any action commenced against the Corporation and served on the Corporation; Section 36(1)(b)(ii) any unsatisfied judgment or order for which the Corporation is liable; and Section 36(1)(b)(iii) a written demand made on the Corporation for an amount in excess of five thousand shillings that, if not met, may result in an action being brought against the Corporation; Section 36(1)(c) the particulars of or a copy of any subsisting recreational agreement; Section 36(1)(d) the particulars of or a copy of any subsisting management agreement; Section 36(1)(e) a copy of the budget, if any, of the Corporation; Section 36(1)(f) a copy of the financial statement, if any, of the Corporation; Section 36(1)(g) a copy of the by-laws of the Corporation; Section 36(1)(h) a copy of any minutes of proceedings of a general meeting of the Corporation or of the board of management. Section 36(2) Where a request is made under subsection (1) and the Corporation fails to comply with provisions of that subsection, the aggrieved person may seek an order that the Corporation comply with such request. Section 36(3) Where an aggrieved person takes proceedings before a Committee pursuant to subsection (2), the Committee shall have power to make an order against the Corporation that it comply with subsection (1) and the Committee shall also have power to award a penalty against the institutional manager of a sum not exceeding five hundred shillings per day for each day exceeding twenty days after a request has been properly made under subsection (1). Section 36(4)(a) pursuant to subsection (2) if it finds non-compliance with subsection (1) proved; Section 36(4)(b) dismissing the proceedings; or Section 36(4)(c) pronouncing a remedy or a penalty to ensure compliance with the by-laws, and in either case may make such award as to costs as seems appropriate in the circumstances. Section 36(5) A Committee shall make its order under subsection (4) after a hearing conducted in accordance with the rules of natural justice. Section 36(6) A party may appeal a decision of the Committee to any court in respect of an error of law. - 37 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 37. Handing over of documents
If a Corporation requests a document, the owner of the land must provide a copy within twenty days without charge if they have it; a Corporation may make a written request before it has received the document.
Section 37. Handing over of documents Section 37(1)(a) all warranties and guarantees on the movable and immovable property of the Corporation and the common property for which the Corporation is responsible; Section 37(1)(b) structural, electrical, mechanical and architectural working drawings and specification; and Section 37(1)(b)(i) structural, electrical, mechanical and architectural working drawings and specification; and Section 37(1)(b)(ii) built drawings which exist for the common property for which the Corporation is responsible; Section 37(1)(c) the plans that exist showing the location of underground utility services and sewer pipes; Section 37(1)(d) all written agreements to which the Corporation is a party; Section 37(1)(e) all certificates, approvals and permits issued by a county government, the Government or an agent of the Government which relate to any property for which the Corporation is responsible. Section 37(2) A Corporation may, at any time before it receives a document under subsection (1), make a written request to the owner of the land referred to in subsection (1) for a copy of that document and that person shall, within twenty days receiving that request, provide to the Corporation without charge a copy of that document if the document is in the possession of that person. - 38 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 38. Insurance
The Corporation must maintain the insurance placed under subsection (1) or (2) on the units and common property; the developer may insure additional perils and has an insurable interest; the Corporation may continue such insurance unless prohibited by resolution.
Section 38. Insurance Section 38(1)(a) loss resulting from destruction or damage caused by fire and such other perils as are specified in the by-laws; and Section 38(1)(a)(i) loss resulting from destruction or damage caused by fire and such other perils as are specified in the by-laws; and Section 38(1)(a)(ii) damages awarded against the developer, the owner of a unit or the Corporation in an action for occupier's liability; and Section 38(1)(b) may insure the units and the common property or either of them against additional perils other than those specified in the Act or the by-laws, and for that purpose the developer has an insurable interest in the units and the common property. Section 38(2)(a) loss resulting from destruction or damage caused by fire and such other perils as are specified in the by-laws; and Section 38(2)(a)(i) loss resulting from destruction or damage caused by fire and such other perils as are specified in the by-laws; and Section 38(2)(a)(ii) damages awarded against the owner of a unit or the body corporate in an action for occupier's liability; and Section 38(2)(b) may place insurance on the units and the common property or either of them against additional perils other than those specified in the Act or the by-laws. Section 38(3) A Corporation shall, subject to subsection (4), maintain such insurance on the units and common property as has been placed under subsection (1) or (2). Section 38(4) Where insurance has been placed under subsection (1) (b) or (2) (b), such insurance may be continued by the Corporation unless it is prohibited from doing so by a resolution passed at a properly convened meeting of the Corporation. Section 38(5)(a) be paid to the insurance trustee designated in the by-laws or, where the by-laws do not designate an insurance trustee, to the Corporation; and Section 38(5)(b) be used forthwith, for the repair or replacement of the insured property which was destroyed or damaged. Section 38(6)(a) the insurance placed by the developer or the body corporate is deemed to be first-loss insurance; and Section 38(6)(b) the insurance placed by the owner of the unit in respect of the same property which is insured by the developer or the Corporation is deemed to be excess insurance. - 39 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 39. Copies of insurance policies
The Corporation must, within twenty days of a written request from an owner (or an authorized person or the chargee of a unit) and upon payment of the prescribed charge, provide copies of insurance policies placed by the developer or the Corporation.
Section 39. Copies of insurance policies Section 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 insurance placed by the developer or the Corporation. - 40 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 40. Exclusive use areas
The Corporation may, by unanimous resolution and if its by-laws allow, grant a lease to a unit owner that permits exclusive use of part(s) of the common property.
Section 40. Exclusive use areas Section 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. - 41 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 41. Covenants benefiting parcel
A corporation can be directed by unanimous resolution to accept, on behalf of the owners, a grant of easement or a restrictive covenant that benefits the parcel.
Section 41. Covenants benefiting parcel Section 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. - 42 Verify source ↗
ESTABLISHMENT OF THE CORPORATION - 42. Procedure for granting restrictive covenants
A Corporation may be directed by unanimous resolution to execute, on behalf of the owners, a grant of easement or restrictive covenant; the Registrar must not register such an instrument unless it is endorsed and accompanied by a corporate certificate stating the unanimous resolution and necessary consents.
Section 42. Procedure for granting restrictive covenants Section 42(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. Section 42(2)(a) all persons having interests in the parcel; and Section 42(2)(b) all other persons having interests, other than statutory interests, that have been notified to the Corporation, have consented in writing to the release of those interests in respect of the land comprised in the proposed disposition, Section 42(3) An instrument granting an easement or covenant executed in accordance with subsection (2) is valid and effective without execution by any person having an interest in the parcel, and the receipt of the Corporation is a sufficient discharge of and exonerates all persons taking under the instrument from any responsibility for the application of the money expressed to have been so received. Section 42(4) The Registrar shall not register an instrument granting an easement or covenant authorized under this section unless it has been endorsed and is accompanied by, a certificate under the seal of the Corporation stating that the unanimous resolution was properly passed and that all necessary consents were given. Section 42(5) An instrument granting an easement or a covenant under this section shall be registered in accordance with Land Registration Act (Cap. 300).
Part IV
PROVISIONS RELATING TO UNITS
- 43 Verify source ↗
PROVISIONS RELATING TO UNITS - 43. Sale of units
Lists the documents and charge details referred to in Section 43 related to the sale of units (purchase agreement, by-laws, management agreement, recreational agreement, lease or title, charges affecting title, sectional plan) and the particulars required for a prescribed notice concerning a charge (maximum principal, maximum monthly payment, amortization period, term, interest rate or formula, prepayment privileges).
Section 43. Sale of units Section 43(1)(a) the purchase agreement; Section 43(1)(b) the by-laws or proposed by-laws; Section 43(1)(c) the management agreement or proposed management agreement, if any; Section 43(1)(d) the recreational agreement or proposed recreational agreement, if any; Section 43(1)(e) the lease or title of the parcel on which the unit is located or the certificate of title or the certificate of lease in respect of the unit; Section 43(1)(f) any charge that affects or proposed charge that will affect the title to the unit or proposed unit or, in respect of that charge or proposed charge a notice prescribed under subsection (2); and Section 43(1)(g) the sectional plan or proposed sectional plan. Section 43(2)(a) the maximum principal amount available under the charge; Section 43(2)(b) the maximum monthly payment that may be paid under the charge; Section 43(2)(c) the amortization period; Section 43(2)(d) the term; Section 43(2)(e) the interest rate or the formula, if any, for determining the interest rate; and Section 43(2)(f) the prepayment privileges, if any. - 44 Verify source ↗
PROVISIONS RELATING TO UNITS - 44. Management agreement
Corporations may enter management agreements while the developer-owned majority controls the board; later-elected boards may terminate such agreements subject to conditions including a two-year no-termination period without cause (unless contract permits earlier termination) and a requirement that the Corporation give sixty days' written notice; the Corporation is not liable solely because it terminated under this section.
Section 44. Management agreement Section 44(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. Section 44(2) Subject to subsection (3), a Corporation may terminate a management agreement contracted by the Corporation at any time after its board is comprised of persons who were elected to the board after the majority of the units were owned by persons other than a developer. Section 44(3)(a) may not be terminated under subsection (2) without cause until two years have elapsed from the day that the agreement was entered into, except when the agreement permits termination at an earlier date; and Section 44(3)(b) may only be terminated under subsection (2) on the Corporation giving sixty days' written notice to the other party to the agreement of its intention to terminate the agreement, and the Corporation is not liable to the other party to the agreement by reason only of the agreement being terminated under this section. - 45 Verify source ↗
PROVISIONS RELATING TO UNITS - 45. Renting of units
Owners of units may not rent their units until they give written notice to the Corporation specifying an address for service; owners must give undertakings to be liable for tenant-caused damage, must notify the Corporation of tenant's name within twenty days of tenancy start, and must notify within twenty days after ceasing to rent that the unit is no longer rented.
Section 45. Renting of units Section 45(1) An owner of a unit shall not rent his unit until he has given written notice to the 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 . Section 45(2) The owner of a unit shall give an undertaking to the Corporation to be liable for any damage caused by the tenant. Section 45(3) The owner of a unit shall give the Corporation written notice of the name of the tenant residing in the unit within twenty days from the commencement of the tenancy. Section 45(4) Within twenty days of ceasing to rent his unit, the owner shall give the Corporation written notice that his unit is no longer rented. - 46 Verify source ↗
PROVISIONS RELATING TO UNITS - 46. Notice to give up possession
The corporation must notify the unit owner to take immediate action when a tenant contravenes the by-laws; if the owner fails to act, the corporation must notify the tenant to vacate; if the tenant refuses to vacate, the corporation must take necessary action against the tenant.
Section 46. Notice to give up possession Section 46(1) If a tenant occupying a unit causes the contravention or contravenes the by-laws, the corporation shall give notice to the owner of the unit to take necessary action immediately. Section 46(2) If an owner fails to take necessary action within the time specified in the notice, the Corporation shall give the tenant a notice to vacate the premises. Section 46(3) If a tenant refuses to vacate, the Corporation shall take necessary action against the tenant.
Part V
MISCELLANEOUS PROVISIONS
- 47 Verify source ↗
MISCELLANEOUS PROVISIONS - 47. Termination of sectional property
Termination of sectional property by unanimous resolution
Section 47. Termination of sectional property Section unanimous resolution; - 48 Verify source ↗
MISCELLANEOUS PROVISIONS - 48. Effect of termination of sectional property
When sectional status of a building is terminated under section 47, the Corporation must forthwith file with the Registrar a notice of termination in the prescribed form; after the Registrar makes the prescribed notification on the sectional plan, the unit owners are entitled to the parcel as tenants in common in shares proportional to their unit factors.
Section 48. Effect of termination of sectional property Section 48(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. Section 48(2) On the receipt of a notice referred to in subsection (1) the Registrar shall make a notification in respect of the notice on the sectional plan in the manner prescribed by the regulations and on the notification being made, the owners of the units in the plan are entitled to the parcel as tenants in common in shares proportional to the unit factors of their respective units. - 49 Verify source ↗
MISCELLANEOUS PROVISIONS - 49. Sale of sectional property
When sectional status of a building is terminated, the Corporation may, by a unanimous resolution, be directed to transfer the parcel or part of it.
Section 49. Sale of sectional property Section 49(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. Section 49(2) When the board is satisfied that the unanimous resolution was properly passed, the transfer shall be executed in accordance to Land Registration Act (Cap. 300). Section 49(3)(a) unless an amended cadastral map and plan of the parcel is submitted; Section 49(3)(b) unless the transfer it is endorsed with or is accompanied by a certificate under the seal of the Corporation that the unanimous resolution was properly passed and that all necessary consents were given; and Section 49(3)(c) until the notification required by section 48 has been made on the sectional plan. Section 49(4)(a) close the registers relating to the units and open a new register; and Section 49(4)(b) register the transfer in accordance with Land Registration Act (Cap. 300). - 50 Verify source ↗
MISCELLANEOUS PROVISIONS - 50. Dissolution of Corporation
The corporation is dissolved when the sectional property terminates; the Court may also declare the corporation dissolved on a date in its order.
Section 50. Dissolution of Corporation Section 50(1) The corporation shall stand dissolved upon the termination of the sectional property. Section 50(2) By the same or subsequent order the Court may declare the Corporation dissolved on a date specified in the order. - 51 Verify source ↗
MISCELLANEOUS PROVISIONS - 51. Assessment and taxation
The rating authority must assess rates, charges, ground rent and taxes for a parcel or part of it; units and their appurtenant share of common property count as separate parcels, and the common property does not itself form a separate parcel.
Section 51. Assessment and taxation Section 51(1) The rating authority shall assess rates, charges ground rent and taxes in relation to the parcel or a part of it. Section 51(2)(a) each unit and the share in the common property appurtenant to the unit constitutes a separate parcel of land and improvements; and Section 51(2)(b) the common property shall not constitute a separate parcel of land or improvements. - 52 Verify source ↗
MISCELLANEOUS PROVISIONS - 52. Liability of Corporation
The Corporation is not liable for any rate, ground rent, charge or tax levied by a rating authority in relation to the parcel.
Section 52. Liability of Corporation Section The Corporation is not liable in relation to the parcel for any rate, ground rent, charge or tax levied by a rating authority. - 53 Verify source ↗
MISCELLANEOUS PROVISIONS - 53. Right of entry
A county government, public authority, or a person authorized by them may enter and access any part of a parcel as necessary or expedient to exercise their powers.
Section 53. Right of entry Section 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. - 54 Verify source ↗
MISCELLANEOUS PROVISIONS - 54. Service of documents and notices
Section 54 lists permitted methods for serving documents (physical delivery to a registered office or by registered post; personal service on a board member; or electronic transmission) and defines "document" to include summonses, notices, tax notices, orders and other legal process.
Section 54. Service of documents and notices Section 54(1)(a) physical delivery to a registered office or by registered post; Section 54(1)(b) personal service on a member of the board; or Section 54(1)(c) electronic transmission. Section 54(2) For the purposes of this section, "document" includes a summons, notice, tax notice, order and other legal process. - 55 Verify source ↗
MISCELLANEOUS PROVISIONS - 55. Change of address for service
A Corporation may, by resolution of the board, change its address for service; the change does not take effect until a notice in the prescribed form is filed at the land registry.
Section 55. Change of address for service Section 55(1) A Corporation may by resolution of the board change its address for service. Section 55(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. - 56 Verify source ↗
MISCELLANEOUS PROVISIONS - 56. Fees for documents
The Corporation may charge a reasonable fee to cover expenses for producing and providing a document required under the Act.
Section 56. Fees for documents Section The Corporation may charge a reasonable fee for the expenses incurred in producing and providing a document required under this Act. - 57 Verify source ↗
MISCELLANEOUS PROVISIONS - 57. Offences and penalty
Section 57 creates offences and penalties: failing to comply with section 13(1) or 43 makes a person guilty of an offence with a penalty up to 20,000,000 shillings or one year imprisonment; contravening the Act where no specific penalty is prescribed attracts a fine up to 250,000 shillings (subject to subsection (1)); and if a Corporation fails to comply each board member knowingly party to the failure is guilty and liable to a fine up to 250,000 shillings.
Section 57. Offences and penalty Section 57(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. Section 57(2) Subject to subsection (1), a person who contravenes the provisions of this Act, for which no specific penalty is prescribed, is guilty of an offence and shall be liable, on conviction, to a fine not exceeding two hundred and fifty thousand shillings. Section 57(3) If a Corporation fails to comply with this Act, each member of the board who is knowingly a party to that failure is guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty thousand shillings. - 58 Verify source ↗
MISCELLANEOUS PROVISIONS - 58. Waiver, release,etc.
Purchasers may enforce purchase agreements even if the developer did not comply with the Act; purchasers have remedies under the Act in addition to other legal rights; waivers or releases of rights under the Act are void.
Section 58. Waiver, release,etc. Section 58(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. Section 58(2) A remedy that a purchaser of a unit has under this Act is in addition to any other rights or remedies that he has at law. Section 58(3) A purchase agreement may be enforced by a purchaser notwithstanding that the developer failed to comply with this Act. - 59 Verify source ↗
MISCELLANEOUS PROVISIONS - 59. Regulations
The Cabinet Secretary has the power to make regulations to implement this Act, including regulations about forms, sectional plans registration, fees, court application procedures, and other necessary matters.
Section 59. Regulations Section 59(1)(a) in respect of forms to be used for the purposes of this Act including the form of certificates of title to units; Section 59(1)(b) respecting the manner of registering sectional plans; Section 59(1)(c) prescribing the fees to be paid for any procedure or function required or permitted to be done under this Act; Section 59(1)(d) respecting the practice and procedure governing application to the Court under this Act; Section 59(1)(e) concerning all matters that by this Act are required or be permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act. Section 59(2)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act; and Section 59(2)(b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section. Section 59(3)(a) the Statutory Instruments Act (Cap. 2A); Section 59(3)(b) the Interpretation and General Provisions Act (Cap. 2); Section 59(3)(c) the general rules of international law as specified under Article 2 (5) of the Constitution; and Section 59(3)(d) any treaty and convention ratified by Kenya under Article 2 (6) of the Constitution.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Sectional Properties Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.