TERM II WEEK 2

LAND TRANSACTIONS

WEEK OF 21st FEBRUARY- 25TH FEBRUARY, 2022

WORKSHOP 2

FIRM D1

PART I
TASK A (i)
BRIEF FACTS
Yosia Oloo died testate and among others in his will bequeathed 10 of 20 acres of Land to his
son and heir David Livingstone Oloo. The Son lodged a caveat against dealings on the land
before his father’s death since several people were inspecting it without his father’s consent or
knowledge while he was on his deathbed. Joan Oloo, the widow has now obtained probate in
respect of the deceased’s estate.

ISSUES ARISING
1. What action would the Senior Registrar of Titles take when Joana Oloo (a widow with
letters of probate with respect to the deceased’s estate) applies for registration of the land
in her name?

LAW APPLICABLE
1. The registration of Titles Act Cap 230
2. The Succession Act.
3. Case Law

RESOLUTION OF ISSUES
ISSUE 1: What action would the Senior Registrar of Titles take when Joana Oloo (a widow
with letters of probate with respect to the deceased’s estate) applies for registration of the
land in her name?
Any person having a claim or interest in Land or Right of occupancy which is subject of a
transaction may Loge a caveat. Under Regulation 60 of the Land Regulations of 2004
provides that the effect of a caveat is to prevent any transfer, sell, exchange,
pledge,mortage,lease or change in ownership or any transaction affecting the land or right of
occupancy.

Pursuant to Section 139(1), Registration of Titles Act Cap 230 provides that Any
beneficiary or other person claiming any estate or interest in land may lodge a caveat with the
registrar forbidding the registration of any person as transferee/ proprietor of land and of any
interest affecting that estate until after notice of such intended registration or dealing is given to
the caveator or unless the instrument is expressed to be subject to the claim of the caveator or
unless the caveator consents to the registration in writing.
Caveats take the form of those lodged by those who have acquired a benefit in the property by
reason of bequeathal or otherwise; and those lodged by other persons with interests whether legal
or equitable in the land. The former is known as beneficiary caveats. In light of section 140(2)
of Registration Of Titles Act Cap 230, provides that except in the case of a caveat lodged by or
on behalf of the beneficiary claiming under will or settlement or by the registrar shall be deemed
to have Lapsed upon expiration of sixty days after notice given to the caveator that the proprietor
has applied for removal of the Caveat.
From the facts at hand, David Livingstone who lodged the caveat in issue was named as a
beneficiary in the will of his late father Yosia Oloo.This qualifies the caveat as beneficiary
caveat.

Section 144 of the Registration of Titles Act is to the effect that in cases where a caveat is
lodged by a beneficiary under a will, and if an application for registration of a change in the
proprietorship of the land in respect of which the caveat was lodged is presented for registration,
the registration can still take effect without necessarily having the caveat removed and without
determining the operation of the caveat. The pre requisite for this to happen is that the registrar
should be of the opinion that such change of proprietorship is authorized by the will and the
caveator either consents to it or does not lodge a written protest against the registration within 14
days from the date of service of notice of registration onto the caveator.

Thus, the registrar, upon receiving the Application from the widow if he determines that the
change is authorized by the will of the deceased will issue a notice of registration to the caveator.
The caveator will then be required to consent to or object to the registration in writing. In the
event that he consents, then the caveat will be removed from the register book by the registrar
and the change effected since she holds letters of probate. If he does not consent, then the
registrar will not affect the change but rather will advise the widow to petition the High court for
an order of cancellation of the caveat and a consequential order directing the registrar to remove
the caveat and effect the required changes in the register book.

Under section 141 of The Registration of Titles Act cap 230 provides that no change of
proprietorship or any transfer shall be entered in the register except with consent in writing of the
caveator.

In the case at hand, there is a will naming the widow as executor and there are letters of probate
granted to the widow, thus it is highly probable that the caveat need not necessarily be removed
for the registration to take effect. After all, the caveat was lodged against unknown persons who
had no interest in the land. The widow is the legal representative of the deceased person with
power to administer the estate in accordance with the will.

TASK A(II).
Supposing that Joana Oloo, having obtained probate to the estate of Yosia Oloo, sold one acre of
this land to Yakobo Mubi. As Registrar of Titles, you have received a formal letter from
Joana Oloo, applying for removal of David Livingstone Oloo’s caveat so that Yakobo
Mubi’s share can be registered in his name. what steps would you take and why?
Section 140(2) ,David being a beneficiary under the will, his caveat cannot lapse. Accordingly
Joana’s application cannot be sustained.
TASK A (iii)

Facts: Rev. Samwiri Ntale is the Administrator of the estate of the Lt. Merab Mirembe. The
deceased was the Registered Proprietor of 40 acres of land in Kinoni Masaka comprised in Block
351 Plot 12. Yunia Bunzibiridde lodged a caveat on the land vide instrument number
Msk 116653000 of 20.05.2020 at 10:30am. However, Yunia is willing to remove the caveat.
Section 145 RTA Cap 230; a caveat lodged under section 139, can be withdrawn by the
caveator.

STEPS:
 Obtain the necessary information from Yunia Bunzibiridde; e.g., passport photos,
 National ID
 Prepare an application/withdraw of caveat
 Invite Yunia B, to sign the application
 Have the Application witnessed
 Secure a declaration of the fees from the bank and then pay the requisite fees
 Have the application embossed
 Lodge/present the application at the ministry zonal office
 Wait for 10 working days
 Conduct a search to confirm that is caveat removed

Documents
 Application for withdraw of caveat accompanied by;
 Passport Photographs
 Copy of the National Identification Card
 Fees payable for removal of caveat-10,000/= RTA cap 230, 22nd schedule Table 5

Documents required
Notice of Withdrawal of Caveat / Letter of withdrawal of caveat
THE REPUBLIC OF UGANDA
 THE REGISTRATION OF TITLES ACT CAP 230
BLOCK 351 PLOT 12.
NOTICE OF WITHDRAWAL OF CAVEAT.
To the Registrar of Titles.
TAKE NOTICE that I Yunia Bunzibiridde having lodged a caveat on the land comprised in the
land comprised in Kinoni Block 351 Plot 12 .on the 20 th day of May 2020 under instrument No.
MSK 116653000 at 10:30am and my claim having now been settled.
I HEREBY UNCONDITIONALLY WITHDRAW the said caveat
DATED at Kampala this 21st day of February 2022.
Yunia Bunzibiridde
...............................................................................................................................................
In the presence of Samwiri Ntale
( Witness’ name and signature)
iv) Supposing that on presenting to her the documents you have prepared in A(iii) above, she
refused to sign them, claiming that she consented under misrepresentation, she subsequently
disappeared for 6 months
If you were the Registrar of Titles, what steps would you take in order to lawfully remove the
said caveat? What are the fees and duties payable?
Section 168 of the RTA empowers the registrar to remove encumbrances if the registrar is
satisfied that they no longer affect the land. Then also section 145 of the RTA bestows power
upon the registrar to remove a caveat that is no longer affecting the land. It provides for removal
of a caveat that no longer affects the land, it states that when a caveat has been withdrawn under
section 139, ceased to affect the lands or any interest in the lands in respect of which it was
originally lodged the registrar shall cause the caveat to be removed from the register book and
shall enter in the margin of the original entry of the caveat the date of that removal.
The steps to take;
1) The applicant must have his or her possession an embossed letter known as withdrawal of
caveat or removal of caveat one passport photo, description of the land affected and general
receipts of payment of stamp duty and registration fees.
2) The applicant then presents the documents together with a photocopy of the same to the
department of land registration for processing, the photocopy is stamped received and returned to
the applicant.
3) The applicant checks with the department of land registration after 10 working days for the
60 days’ notice to the person who placed the caveat, to show cause why the caveat should not be
removed. Notice to the caveat or is posted and a receipt obtained which is placed on the file.
4) The applicant writes a letter notifying the land office that the 60days have ended without
communication from the person who placed the caveat and therefore seeking for removal of the
said caveat.
5) Then finally the applicant checks with the photocopy stamped on received at the department
of the lands registry after 10 working days to confirm that the caveat has been removed from the
register.
Fees paid: Stamp duty- 5,000/= and Registration fees – 10,000/=.
________________________________________________________

TASK A (v)
Rev. Samwiri Ntale is the administrator of the estate of the Merab Mirembe and the only
surviving beneficiary of the said estate. The Lt. Merab Mirembe was the Registered Proprietor of
land comprised in Block 351 Plot 12 measuring approx. 45 acres located at Kinoni Masaka. Rev.
Samwiri has since failed to find the Duplicate Certificate of Title. Meanwhile he would like to
sell one acre and get money for his surgical operation, for which
Merida Byansi is ready to pay him but only upon production of the duplicate certificate of title.

What practical steps should be taken on behalf of Rev. Samwiri Ntale, what the necessary
fees and duties payable?
Rev. should apply for a Special Certificate of Title.
Under Section 70 RTA cap 230; where the duplicate certificate of title is Lost, destroyed or,
becomes obliterated as to be useless, a person having knowledge of the circumstance may make
a statutory declaration stating the facts and all incumbrances affecting the land…, and if the
registrar is satisfied as to the truthful of the statutory declaration may issue to the proprietor a
special certificate of title to the land, and the special certificate of title shall be
available for all purposes and use for which duplicate certificate so lost would have been
available.

Section 70 RTA; before issuing the special Certificate, the registrar shall at the applicant’s
expenses give at least one month notice in the Gazette of his or her intention to do so.
Practical Steps
Step 1
a. Since the original cannot be found, a search should be conducted to ascertain whether the
deceased person is still the registered proprietor on the Register.
b. Draft the application, applying for a special certificate.
c. The application should be accompanied by the search report and the following documents
 Draft the statutory declaration for Rev. Samwiri to accompany the application. This
 should be signed by Rev and commissioned by a commissioner for oaths.
 A police letter signifying that Rev. reported the lost duplicate certificate.
 Letter of recommendation from the area local council
 Passport photos
 Fees payable: Registration 10,000/= and stamp duty upon declaration 5,000/-
 Attach receipts
 All copies must be prepared in duplicate for purposes of acknowledgment at the ministry
zonal office.
Step 2:
a. After approximately 5 working days, the registrar shall issue a Notice for publication of
the Gazette, (s.70 RTA), for notification of the public for the pending application for a
special certificate.
b. Payment of the fees of Gazette 230,000/=
c. After approx. 2 weeks the notice shall be published and wait for 30 days from the date of
publication.
d. Two sets of the original gazette publications shall be sent to the Ministry of Lands, and
one copy stamped with a ministry stamp shall be sent to the ideal MZO
e. A special certificate of title shall be processed in accordance with sec.70 RTA in the
name of the Deceased Merab Mirembe.
 f. Another application by way of an ordinary letter accompanied by a certified copy of
g. the letters of administration to have the land registered into his name as the administrator
of the estate of the Lt. Merab Mirembe.
Step 3
A survey shall be conducted and deed plans processed to subdivide the one acre he intend to sell
off.
Section 96 RTA, where the transferor purports to transfer a part of the land mentioned in the any
certificate of title, he/she shall deliver up the duplicate certificate of title and the registrar shall
endorse on both the Duplicate and Original a memorandum of transfer, and the duplicate shall be
returned to the transferor.
The registrar shall make another title out of the duplicate certificate for the land curved out.

Step 4
Section 92(1) RTA cap 230, the proprietor of land… may transfer the same by a transfer land in
the prescribed in 7th schedule.

Upon completion of the transaction between Rev. Samwiri and Byansi, Rev shall sign transfer
the land in question into her name.

TASK B
BRIEF FACTS

TASK C
BRIEF FACTS
Catherine Ntuyo and Job Muddu are registered tenants in common in equal shares in land
comprised at Lweru, Buikwe District at Block 338 Plot 101. Job Muddu died from a motor
accident and is survived by his son Zirabumzaale Wilson aged 25 years and no widow.
ISSUES
1. What is the appropriate law applicable and procedure available to the administrator of the
estate of Job Muddu?
LAW APPLICABLE
1. The Registration of Titles Act cap230
2. The Succession Act cap 162
3. Case law.
RESOLUTION
Section 56 of the Registration of Titles Act cap 230 provides for joint tenants and tenants in
common where two or more persons who are registered as joint proprietors of land shall be
deemed to be entitled to the land as joint tenants; and in all cases where two or more persons are
entitled as tenants in common to undivided shares of or in any land, those persons shall in the
absence of any evidence to the contrary be presumed to hold that land in equal shares.
In light of our brief facts, Catherine Ntuyo and Job Muddo are tenants in common and the
distinction between joint tenants and tenants in common is that under tenants in common there’s
no right to survivorship.
In East African General Insurance Co V Ntende and 5 0rs (1979) HCB 225 Ntagaba J held
that this is a type of tenancy where each tenant in common has a fixed share in the land, the
doctrine of survivorship does not apply. The legal implication of this principle is that where one
tenant dies, his share in the land is transferred to his or her legal administrator. Basing on our
facts, Wilson Zirabamuzaale is the only surviving member of Job Muddu hence making him the
only legal administrator of the deceased estate and share in the land at Lweru, Buikwe district
Block 338 plot 101 as per section 192 of the Succession Act cap 162 which provides for the
effect of letters of administration where the administrator acquires all rights to estate of the
deceased.
Procedure to protect share of the administrator of Job Muddu’s estate.
Section 91 of the Land Act cap 227 as amended confers special powers to a registrar to endorse
or cancel a certificate of title having taken the necessary steps.
Section 134 (1) of the Registration of Titles Act provides for succession of death where upon the
receipt of an office copy of any letters of administration or of any order by which it appears that
any person has been appointed the executor or administrator of any deceased person, the registrar
shall, on an application of the executor or administrator to be registered as proprietor in respect
of any land, enter in the Register Book and on the duplicate instrument, if any, when produced
for any purpose, a memorandum notifying the appointment of the executor or administrator and
the day of the death of the proprietor when the day can be ascertained, and upon that entry being
made that executor or administrator shall become the transferee and be deemed to be the
proprietor of such land.
The legal implication of the above mentioned sections is that the registrar has powers to register
the administrator of the deceased estate onto the duplicate certificate of title as the recognised
proprietor of such land as per section 192 of the Registration of Titles Act cap 230 which
provides for registration of survivor of joint proprietors where upon death of any person
registered with as joint proprietor of any land owned on a joint account, may apply to the
registrar with proof of death, register the applicant and the applicant shall become the proprietor
upon registration
Ergo Wilson Zirabamuzaale with Catherine Ntuyo can apply to the registrar with letters of
administration to the land Registrar to have him registered on the land title comprised in Kyagwe
Block 338 Plot 101 at Lweru and cancel out the name of the deceased joint tenant.
This application is by way of ordinary letter for cancellation of the name of the deceased on the
title.
Step 1
The Applicant must have in his/her possession the Duplicate Certificate of Title, authentic
Letters of Administration, death certificate, a request letter for registration of their names as the
administrators two passport and receipts showing payment of Registration fees.
Step 2
The Applicant presents the full set of original documents and a photocopy of the same, to
Department of Land Registration for processing. The Photocopy is stamped ‘Received’ and
returned to the Applicant. The Applicant checks with the Department of Land Registration after
10 working days to collect Duplicate Certificate of Title.
Step 3
The Applicant upon presentation of the photocopy stamped “Received” collects the Duplicate
Certificate of Title. The Photocopy is Stamped “Returned’ on completion.
Documents required: Letter of Request, Duplicate Certificate of Title, Certified Letters of
Administration, death certificate, Passport Photographs and General receipts of Payment.
Fees paid: Registration fees – 10,000/=.

To conclude Wilson share can be protected as discussed above since he is the only survivor of
the deceased and rightful claimant of the deceased share in the land at Buikwe. If and after
getting the letters of administration then he can apply to the Registrar to have the new proprietor
as the administrator of the deceased estate.
D)
E) What remedies are available to Catherine Ntoyu and to ensure that the rightful claimant
is protected?

It is a Common Law principle that where we have two tenants in Common, at the demise of one
of them, there will be a right of survivorship and the shares of the deceased will go to his estate.
Under S.56 of the RTA cap 230 presupposes that; and in all cases where two or more persons
are entitled as tenants in common to undivided shares of or in any land, those persons shall in the
absence of any evidence to the contrary be presumed to hold that land in equal shares.

The first step is that Catherine Ntuyo may purchase the interest of Job Muddu from his estate (if
any) and apply for registration of the title in her name.
This is provided for under Section 192 of the Registration of Titles Act cap 230 which
provides for Registration of survivor of joint proprietors.
Upon the death of any person registered with any other person as joint proprietor of any land or
of any lease or as joint proprietor of any mortgage owned on a joint account in equity, the
registrar, on the application of the person entitled and proof to his or her satisfaction of the death,
may register the applicant as the proprietor thereof; and the applicant shall, upon being registered
in the manner herein prescribed for the registration of a like estate or interest, become the
transferee of the land, lease or mortgage and be deemed its proprietor.

Application is by ordinary letter for cancellation of the name of the deceased joint tenant. Proof
of death certificate of death must be attached to the application.
The Applicant must as well submit her duplicate certificate of title to the Registrar for purposes
of registering the sought entry thereon.
The applicant must also attach her recent passport photographs and Identification document.

In conclusion Catherine Ntuyo will have to either acquire all the shares in the land by buying off
the share that belonged to the deceased Job Muddu or the shares of the deceased will go to his
estate and the administrator of Muddu’s estate will apply to Registrar of Titles be registered on
the land title.
PART 2
(i) Advise her on how she can convert this property into condominium property.
Section 1 of the condominium property Act 2001 defines condominium to mean a system of
separate ownership of individual units of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of those units.
A unit means a space that is situated within a building and described in a condominium plan by
reference to floors and ceilings within the building. Section1of the same Act.
Conversion of property into condominium property.
1. Developing a condominium plan. Section 2 of the Act.2001
A proprietor /developer may divide a building into two or more units by registering with
the registrar of a condominium plan.
A condominium plan is defined under section 1to mean a plan registered in accordance
with the act.

Section 2(2) of the same Act provides that a condominium plan shall be presented for
registration in quadruplicate and shall indicate the number of units into which the
building is divided.
The registrar under subsection (1) may indicate whether the plan may be developed at
once or in successive phases.

Section 2(4) of the same Act provides that where a plan is to develop in phases, it shall be
known as a phased condominium plan.

Section 2(5) of the same Act provides that where a developer Deposits a phased
condominium plan in accordance with subsection (1) and (3) the Act, the developer shall
indicate a time table for the development of the various phases.

2. Registration of a condominium plan

Regulation 11(1) of the condominium property Regulations 2002 provides that an
application for the registration of a condominium shall be in form 1 specified in part 11
of the 2nd schedule.
Section 9 of the condominium property Act 2001 provides that the registrar shall not
register a plan as condominium plan unless
-that the plan is described as a condominium plan in its heading.
-there is a delineation of external surface boundaries and the location of the building in
relation to them.
-the plan includes a drawing illustrating the units
 -the boundaries of each unit are clearly defined in the plan.
-the approximate floor area of each unit.
-it has to be accompanied by a certificate of a registered surveyor and a certificate of a
local authority.
That the condominium plan shall be signed by the proprietor under section 11(2) (b) of
the Act.
Section 10 (1) and (2) of the Act provides that condominium plan to be accompanied by a
certificate of the local authority and a certificate of an architect.

Regulation 4(1) of the condominium property Regulations 2002 provides that a registrar
of condominium plan shall be in form 1 specified in the 1st schedule.

3. Issuance of a certificate of title

Regulation 29 and 6th schedule part 1 (a) condominium regulations 2002, provides that
upon submission of a condominium plan, a required fee of sh.20000 is paid.

The 6th schedule part 1 (b) of the regulations provides that an application for issuance of a
certificate of title in respect of unit requires sh. 10000
Section 3(10 of the Act provides that the registrar shall upon application of a
condominium plan and upon payment of a prescribed fee issue a certificate of title in
respect of a unit.

Section 5(2) of the Act provides that a certificate of title issues in respect of a unit
comprised in a condominium plan shall be deemed to have been issued under the RTA.
That shall be taken to be conclusive evidence of ownership under section 59 of RTA.

ii) What are the nature and salient features of condominium property?

It’s from the Characteristics of a Condominium Property the salient features and nature is
delivered such include;
Common property, Section 2 the Condominium Act, 2001 property does not belong to any
specific unit and is used in common by all the owners of the units including the land on which
the property is located, support structures, infrastructure and services. And held as by all owners
per Section 6 (2) the Condominium Act, 2001.

Condominium plan; there has to be a phased condominium plan per the same section. Section 2
the Condominium Act, 2001
Tenancy in common. Section 2 of the Condominium Act, 2001, land is held by two or more
persons have interest in the same land accruing at different titles, or accruing under the same title
but at different periods with each having distinct severable shares in the land:
Any common property under is held under a tenancy in common:
Section 7 (2) the Condominium Act, 2001, property registered under condominium 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. It’s pertinent that it’s common property per Section 23 (1) the
Condominium Act, 2001

Units; Section 2 of the Condominium Act, 2001 the space that is situated within a building and
described in a condominium plan by reference to floors, walls and ceiling within the building.

Easements; Section 2 of the Condominium Act, 2001a right attached to one particular piece of
land which allows the owner of that land either to use the land of another person in a particular
manner or to restrict its use by that other person to a particular extent but which does not allow
him or her to take any part of its natural produce or its soil and includes a right of way, a right to
draw water, a right to place erections such as sign posts, right to light and right to the support of
buildings.

Section 15 (1) & (2) of the Condominium Act, 2001 each unit comprised in a registered
condominium plan shall have as appurtenant to it such rights of support, shelter, protection,
passage or provision of water, sewerage, gas, electricity, air, passage or provision of telephone,
radio and television services.
Section 16 the Condominium Act, 2001 easements in favor of the unit owner and Section 17
the Condominium Act, 2001 easements against unit owner.
Easements are further provided for under Part III Registration of Titles Act cap 230.

Corporation. Section 20(1) the Condominium Act, 2001, be a constituted corporation under
the name. Section 20(3) the Condominium Act, 2001 provides that a corporation shall consist
of persons who own units in the parcel to which the condominium plan relates.
Section 21 the Condominium Act, 2001 managing the common property, keeping common
property in a state of good repair, maintaining a fund for administrative expenses, insuring and
keeping buildings against fire and the enforcement of byelaws.

Developer’s management agreement. Section 2 the Condominium Act, 2001 agreement

entered into by a corporation at a time when the majority of units are owned by a developer; and
agreement is terminated if any time after the majority of the units are owned by persons other
than the developer Section 43 the Condominium Act, 2001
Or Sale agreement; Section 2 the Condominium Act, 2001 where a person purchases a unit or
proposed unit or acquires a right to purchase a unit or proposed unit. But can be rescinded by a
purchaser within 10 days after the date of execution per Section 41(3) the Condominium Act,
2001. Hence such will define the features of Condominium Property.
iii)
iv)
v) Brief facts
Jane Among having paid rent for a year and having been in position where you need for three
months, she just like other tenants has a disagreement with another tenant called Joanna Bekunda
over her conduct. Joanna's friends/visitors smoke ‘shisha’ and ‘weed” and use profane and dirty
language as well as commit many other obscenities. Many of the attendant children are below the
age of 16. Joanas visitors are always drunk play loud music and make noise up to 3:00 AM or
4:00 AM even on working days. Joana’s visitors’ cars fill the parking space throughout the week,
which inconveniences at the tenants whose visitors have to park on the roadside.
Issues arising
1. What are the remedies available for Jane Among and all the other aggrieved tenants?
Law Applicable
 Condominium Property Act, 2001
 Case law
RESOLUTION
The major characteristics of a condominium are; individual ownership of a unit, an undivided
interest in common areas and an agreement among the unit owners regulating the administration
and maintenance of property.
Common property according to section 1 of the Condominium Property Act means that part of
the condominium property which does not belong to any specific unit and which is used in
common by owners of the units and includes without prejudice to the general effect of the
foregoing, the land on which the property is situated, support structures, infrastructure and
services. In our given set of facts, the parking space shared by Jane Among and the other tenants
amounts to common property.
Upon registration of a condominium plan, a corporation shall be established as per section 19 of
the Condominium Property Act which corporation shall manage the common property, keep it in
good repair, and enforce its (the condos) bye laws among other functions listed down in section
20 of the Condominium Property Act.

Section 14 of the Condominium Act 2001 provides for incidental rights of the owners of
common property and subsection 2 provides that a common property and each unit comprised in
a condominium plan shall have as appurtenant to it a right to fill free and uninterrupted access
and any other apertures existing at the date of the condominium plan. Hence Joanna and Jane
Among and all the other neighbors have the same rights

Section 20(1) of the condominium property Act, 2001 provides for the establishment of
a corporation. It provides that there shall, upon the registration of a condominium plan, be
constituted in respect of any building or structure to which the plan relates, a corporation which
shall operate under the name— “The Owners, Condominium Plan No....”.
This corporation consists of persons who own units in the parcel to which the condominium plan
relates per section 20 (3) of the Act.
Section 21(2) (6) of the Condominium property Act, 2001 provides that in addition to the
functions specified in subsection (1), the board shall hear complaints from aggrieved members of
the corporation.
In the present facts, Jane Among is a tenant in a condominium unit and has paid for a year but is
inconvenienced by Joana Bekunda’s conduct including use of profane and dirty language,
playing loud music, smoking shisha and weed, and her visitors fill up the parking space
throughout the week.
Jane Among can therefore make a complaint to management Board about the conduct of Joana
Bekunda which has the power to compel her to adhere to the rules of the corporation.
This was as in the case of York Condominium Corporation v Hayes 2012 ONSC 4590 where the
corporation sought an order compelling a violent unit Owner to sell his unit after he had made
physical assaults, verbal abuse, threats, and intimidation against other unit owners.
Under section 30(1) the corporation shall make rules to provide for the management of the units
and the property of the corporation.
Under section 30 (6) The rules shall be deemed to contain covenants on the part of
each owner with every other owner and with the corporation, to observe and perform all the
provisions of the rules.
Section 29(1) establishes management agent for the management of the units, the movable and
immovable property of the corporation and common property.
In Waterloo North condominium corperation v Slaeshi (2012) ONSC: it was held that a
corporation can Force a unit owner to undo an unproved change to an exclusive use of a common
area for example a balcony. The Corporation therefore can compel Joanna Bekunda to limit the
usage of the common parking space at the expense of other tenants.
In the case of Hakim Kayyali v Toronto Standard Condominium 1737(2012) ONSC 404, in
an action challenging the corporations conduct as being oppressive, the purpose test is an
objective test looking at the best interests of the corporation as a whole and not the best interest
of the individual unit owner. In this case the unit owner had parked a commercial vehicle in the
garage who said exceeded the height restriction contained in the condominium plan. The
corporation in forced compliance which the unit owner challenged as being oppressive.
In the present facts, Joana Bekunda’s visitors fill up the parking space throughout the week and
inconvenience the other tenant’s visitors. She also uses profane and dirty language yetthe most of
the tenant’s children are below the age of sixteen. They also play Loud music and make noise up
to 3:00 AM or 4:00 AM even working days. This is an inconvenience to other tenants. The
management board/ corporation therefore ought to act in the vest interest of the entire
corporation and enforce the rules gainst a tenant who breaches them.

According to Section 31 (1) of the Condominium Act 2001, a complaint can also be made to
the managing agent of the units and who in turn shall refer to a court the case of an owner or
tenant of the unit who habitually breaches the rules.

Under section 32(2) an owner or tenant of a unit shall be deemed to be a habitual offender if he

or she has breached the rules three or more times within a period of one month and The court
may, upon hearing a case referred to it under this section, impose a punitive fine as prescribed in
the regulations.
Liability in;
Tort
An action may as well be brought against the occupier of any premises comprising the
condominium property in tort. An action can therefore be brought against Joana by the other
tenants for the tort of nuisance since Joana plays music up to 3:00 to 4:00 am and also make a lot
of noise.