Merged Documen of Strata Act - Rules&Regulations

REGISTRA TION (STRAT A TITLES) I
THE REGISTRATION (STRATA TITLES) ACT
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Subdivision into strata lots.
4. The corporation.
5. Duties and powers of the corporation.
6. Service of documents on the corporation.
7. Requirementsof a strata plan.
8. Easements.
9. By-laws.
10. Ownership of common property.
11. Disposition of common property.
12. Creation of easements and covenants.
13. Administration.
14. Destruction of the building.
15. voting rights.
16. Regulations.
17. Rules of court.
18. Offences.
19. Liability for taxes.
SCHEDULES
incl& of Chb page M authorid by LN. 4111987)

REGISTRATION (STRATA TITLE8 3
ACtS
THE REGISTRATION (STRATA TITLES) ACT 42 of 1968,
13 of1M.
[22nd August, 1969.1
1. This Act may be cited as the Registration (Strata shorttitle.

Titles) Act.
2. In this Act- In;terpreta-
tion.
“building” means the building or buildings shown in a
strata plan;
“common property” means, in relation to any strata
plan, so much of the land to which such plan relates
as is for the time being not included in any strata
lot contained in such plan;
“the corporation” means, in relation to any registered
strata plan, the body incorporated by section 4;
“the court” means the Supreme Court;
“executive committee” means executive committee of
the corporation constituted under the First Fi t
Schedule; sctedulc
“parcel” means land subdivided in accordance with a

strata plan registered pursuant to section 3;
“proprietor” means the proprietor for the time being of
a strata lot;
“strata lot” means a portion of the land comprised in
a strata plan, and shown in that plan as a strata
lot;
“strata plan” means the plan referred to in section 7;
“unanimous resolution” means a resolution unani-
mously passed at a duly convened meeting of the
corporation at which all persons entitled to exercise
l l l w incldon of abis pge m admrized by LN.4111987l
4 REGISTRA TION (STRA T A TITLES)
the power of voting conferred by or under this Act

are present personally or by proxy at the time of the
motion;
“unit entitlement” means, in relation to any strata lot,
the number specified in accordance with paragraph
(h)of subsection (1)of section 7.
Subdivi- 3.-(1) Land under the operation of the Registration of

sion into
rtratalots. Titles Act may be subdivided into strata lots in accordance
with a strata plan registered by the Registrar of Titles in the
manner provided by or under this Act.
(2) When a strata plan has been so registered any
strata lot included therein may devolve or be transferred,
leased, mortgaged or otherwise dealt with in the same manner
and form as land under the operation of the Registration of
Titles Act.
(3) A strata plan shall, for the purposes of the Regis-
tration of Titles Act, be deemed upon registration to be
embodied in the Register Book kept under that Aot; and
notwithstanding the provisions of that Act the proprietor
of each strata lot shall hold such strata lot and his share in
the common property subject to-
(a) any interests affectingsuch strata lot or such share,
and
(b) any amendments to strata lots or common pro-
perty,
notified, or shown, as the case may require, on the registered
strata plan.
(4) Notwithstanding the provision in subsection (1)
that only land under the operation of the Registration of
Titles Act may be subdivided into strata lots, a strata plan
may be lodged for registration, and acts preparatory to the
[The inclusion of this page is authorized by L.N. 41/1987]
REGISTRATION (STRATA TITLES) 5
registration thereof may be done in relation thereto, before

the land comprised therein is brought under the operation
of the Registration of Titles Act.
(5) The provisions of any enactment, other than this
Act, relating ,to the subdivision of land for sale or for the
purpose of building thereon shall to such extent as may
be prescribed by regulations under this Act not apply to
land comprised in a strata plan.
4 . 4 1 ) The proprietors of all the strata lots contained in metor-
any strata plan shall, upon registration of the strata plan, rnration.
become a body corporate (hereafter referred to as “the
corporation”) under the name “The Proprietors, Strata
Plan No. ” (with the appropriate number of the strata
plan inserted in the blank space).

(2) The corporation shall have perpetual succession
and a common seal and be capable of suing and being sued
in its name.
(3) The provisions of any enactment providing for the
incorporation, regulation and winding-up of companies shall
not apply to the corporation.
5.-(1) The duties of the corporation shall include the
following-
(a) to insure and keep insured the building to the
replacement value thereof against fire, earthquake,
hurricane and such other risks as may be prescribed,
unless the proprietors by unanimous resolution
otherwise determine;
(b) to effect such insurance as it may be required by
law to effect;
(c) to insure against such risks other than those
referred to elsewhere in this subsection as the
proprietors may from time to time by unanimous
resolution determine;
[The inclusion of this page is authorized by L.N. 480119731
(d) subject to thc pmviSirnns og section 14 a d to &
conditions as may be prescribed, ta apply insprance
moneys received by it in respect CI€ damage tn the
building in rebuilding and reinstating the building
so far as it may he lawful to do so;
(e) to pay premiums on any pokies of insurance
effected by &
(f, to keep in a state of good and serviceab€e repair .
and praperly maintain the CUII~IIKMproperty;
(g) to comply with notices or orders by any competent
public or local authority reqniring repairs to, of
work to be done in respect of, the parcel;
(h) to comply with any reasonable request for the
names and addresses of the members of the execu-
tive committee.
(2) The powers of the corporation include the follow-
to establish a fund for administrative expenses

sufficient in the opinion of the corporation for the
control, management and administration of the
common property, for the payment of any
premiums of insurance and for the discharge of
any of its other obligations;
to determine from time to t h e the amounts to be
raised for the fund referred to in paragraph (a)
and to raise amounts so determined by levying
contributions on the proprietors in proportion to
the unit entitlement of their respective lots;
to recover from any proprietor, by an action for
debt in any court of competent jurisdiction, any
sum of money expended by the corporation for
repairs ta ar work done by it or at its direction
in complying with any notice or order by a com-
petent public or local authority in respect of that

portion of the building which constitutes or
includes the strata lot of that proprietor;
(d) to enter any strata lot and effect repairs or carry
out work pursuant to its duty under paragraph (g)
of subsection (1).
(3) Subject to the provisions of subsection (4) any
contribution levied pursuant to subsection (2) shall be due
and payable on the passing of a resolution to that effect and
in accordance with the terms of such resolution, and may
be recovered as a debt by the corporation in an action in
any court of competent jurisdiction from the proprietor
entitled at the time when such resolution was passed and
from the proprietor entitled at the time when such action
was instituted, both jointly and severally.
(4) The corporation shall, on the application of a
proprietor or any person authorized in writing by him,
Certify-
(a) the amount of any contribution determined as the
contribution of that proprietor;
(b) the manner in which such contribution is payable;
(c) the extent to which such contribution has been
paid by that proprietor,
and, in favour of any person dealing with that proprietor,
such certificate shall be mnclusive evidence of the matters
certified therein.
(5) A policy of insurance authorized by this section
and in respect of the building shall not be liable to be
brought into contribution with any other policy of insurance
save another policy authorized by this section in respect of
the same budding.
6.--(1) The corporation shall cause to be kept at a con- strvi~oi
d(Jcuments
spicuous place at or near the front of the land to which the oh the mr-
poratim.
i d u i u n afthisgsoe is mtkmizcd by LM. JBo/W3]
8 REGISTRATION (STRATA TITLES)
relevant strata plan relates a receptacle suitable for pur-

poses of postal delivery, with the name of the corporation
clearly shown thereon.
(2) Any summons, notice, order or other document
may be served on the corporation by post in a prepaid letter
addressed to the corporation at the address shown on the
strata plan, or by placing it in the receptacle referred to in
subsection (1). .
Require- 7.-( 1) Every strata plan shall-
ments of a
strata plan. (a) have a title or heading in which it is described as
a strata plan;
(b) show the whole or any part of the land comprised
therein as being divided into two or more strata,
whether or not any of such strata is divided into
two or more strata lots;
(c) delineate the external surface boundaries of the
parcel and the location of the building in relation
thereto;
(d) bear a statement conpainmg such particulars as may
be necessary to identify the title to such parcel;
(e) include a drawing illustrating the strata lots and
distinguishing such strata lots by numbers or other
symbols;
(f> define the boundaries of each strata lot in the
building by reference to floors, walls and ceilings,
so, however, that it shall not be necessary to show
any bearing or dimensions of a strata lot;
(g) show the approximate floor area of each strata
lot;
(h) have endorsed upon it a schedule specifying in
whole numbers the unit entitlement of each strata
lot and a number equal to the aggregate unit
entitlement of all the strata lots;
[The inclusion of this page is authorized by L.N. 480119731
(i) have endorsed upon it the address at which docu-

ments may be served on the corporation;
( j ) contain such other particulars as may be prescribed.
(2) A strata plan which is lodged for registration shall
be accompanied by such certificate and other documents as
may be prescribed.
(3) The common boundary of any two strata lots or
of a strata lot and common property shall, unless otherwise
specified in the relevant strata plan, be the centre of the
floor, wall or ceiling between such strata lots or between
such strata lot and common property, as the case may be.
(4)The unit entitlement of each strata lot shall, as
respects the proprietor of such strata lot, determine-
(a) the quantum of his undivided share in the common
property; and
(b) the proportion payable by him of contributions
levied pursuant to subsection (2) of section 5; and
(c) the proportion of property tax payable by him
whether jointly or severally, pursuant to this Act.
8.-(1) In respect of every strata lot there shall be B q a h

implied-
(a) in favour of the proprietor thereof, and as
appurtenant thereto-
(i) an easement for the subjacent and lateral
support thereof, by the common property
and by every other strata lot capable of
affording support thereto;
(ii) easements 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
[The inclusion of &ibis page is authorized by L.N. 4111987)
means of any pipes, wires, cables or ducts

for the time being existing in the land to
which the relevant registered strata plan
relates, to the extent to which such pipes,
wires, cables or ducts are capable of being
used in connection with the enjoyment of
such strata lot;
(b) as against the proprietor thereof and to which it
shall be subject-
(i) an easement for the subjacent and lateral
support of the common property and of
every other strata lot capable of enjoying
support from such strata lot;
(ii) easernents 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 such strata
lot, as appurtenant to the common property
and to every other strata lot capable of
enjoying such easements.
(2) The proprietor of a strata lot shall be entitled to
have his strata lot sheltered by all such parts of the building
as are capable of affording shelter thereto.
(3) The right created by subsection (2) shall be an ease-
ment to which the aforesaid parts of the building shall be
subject and such easement shall entitle the proprietor of the
dominant tenement to enter on the servient tenement to
replace, renew or restore any shelter.
(4) All ancillary rights and obligations reasonably
necessary to make easements effective shall apply in relation
to easements implied or created by this section.
me Inclusion of this page is authorized by L.N. 41 / 19871
9.-(1) Subject to the provisions of this Act the control, Bylaws.

management, administration use and enjoyment of the
strata lots and the common property contained in every
registered strata plan shall be regulated by by-laws.
(2) The by-laws shall include-
(a) the by-laws set forth in the First Schedule, which First
&hcdule
shall not be amended or varied except by unani-
mous resolution;
(b) the by-laws set forth in the Second Schedule, which
may be amended or varied by the corporation.
(3) Until by-laws are made by the corporation in that
behalf the by-laws set forth in the First Schedule and the
Second Schedule shall as and from the registration of a
strata plan be in force for all purposes in relation to the parcel
and the strata lots and common property therein.
(4) No by-law shall operate to prohibit or restrict the
devolution of strata lots or any transfer, lease, mortgage or
other dealing therewith or to destroy or modify any easement
implied or created by this Act.
( 5 ) No amendment or variation of any by-law shall
have effect until the corporation has lodged with the
Registrar of Titles a notification thereof in such form as
may be prescribed and until the Registrar of Titles notifies
the corporation that he has made reference thereto on the
relevant registered strata plan.
(6) The corporation shall on the application of a pro-
prietor or any person authorized in writing by him make
available for inspection the by-laws for the time being in
force.
(7)The by-laws for the time being in force shall bind
the corporation and the proprietors to the same extent as
if such by-laws had respectively been signed and sealed by
the corporation and each proprietor and contained covenants
[lac inclusion of this page is authorized by LN.480/1973]
on the part of the corporation with each proprietor and on

the part of each proprietor with every other proprietor and
with the corporation to observe and perform all the
provisions of the by-laws.
Owner- 10.41) The common property shall be held by the pro-

ship of
wmmon prietors as tenants in common in shares proportional to the
propefly* unit entitlement of their respective strata lots.
(2) The Registrar of Titles shall, in making out a
certificate of title for any strata lot, certify therein the
proprietor’s share in the common property.
(3) Save as is provided in this Act, no share in the
common property shall be disposed of except as appurtenant
to a strata lot and any assurance of a strata lot shall operate
to assure the share of the disposing party in the common
property without express reference thereto.
Disposition 11.-(1) The proprietors may by unanimous resolution

of wm-
mon direct the corporation to transfer or lease the common pro-
Property. perty or any part thereof.
(2) If the corporation is satisfied that the resolution
was duly passed and that all persons having interests, of
which the corporation has notice, in the parcel have con-
sented in writing to the release of those interests in the land
comprised in the proposed transfer or lease or, in the case
of a lease, have approved in writing of the execution of the
lease, the corporation shall execute the appropriate transfer
or lease and such transfer or lease shall be valid and effec-
tive without execution by any person having an interest in
the common property, and the receipt of the corporation
for the purchase money, rent or other money payable to
the corporation under the terms of the transfer or lease
shall be a sufficient discharge and shall exonerate all persons
me inclusion of this page ia authorized by L.N. 480119731
REGISTRATION (STRATA TITLES) 13 I
I
taking under the transfer, or the lease, as the case may be,
from any responsibility for the application of the moneys
expressed to have been received.
(3) Every such transfer or lease lodged for registra-
tion shall be endorsed with or accompanied by a certificate
under the seal of the corporation that the resolution referred
to in subsection (1) was duly passed, that the transfer or
lease conforms with the terms thereof and that all necessary
consents were given and such certificate shall, in favour of
purchasers of the common property and in favour of the
Registrar of Titles, be conclusive evidence of the facts stated
therein.
12.41) The proprietors may by unanimous resolution chation
direct the corporation- $eZid

(a) to execute on their behalf a grant of easement or a CbVenants.
restrictive covenant burdening the parcel;

(b) to accept on their behalf a grant of easement or a
restrictive covenant benefiting the parcel.
(2) If the corporation is satisfied that the resolution
was duly passed and that all persons having interests, of
which the corporation has notice, in the parcel have con-
sented in writing to the release of those interests in respect
of the land comprised in the proposed disposition the cor-
poration shall execute the appropriate transfer or covenant,
and the transfer or covenant shall be valid and effective
without execution by any person having an interest in the
parcel, and the receipt of the corporation for any money
payable to it under the terms of the transfer shall be a
sufficient discharge and shall exonerate all persons taking
under the transfer from any responsibility for the application
of the moneys expressed to have been so received. I
(3) Every such transfer or covenant lodged for regis-

tration shall be endorsed with or accompanied by a certifi-
piucluaion of this page L authorized by LN.480/19731
cate under the seal of the corporation that the resolution

referred to in subsection (1) was duly passed and that all
necessary consents were given, and such certificate shall, in
favour of persons dealing with the corporation pursuant to
this section and in favour of the Registrar of Titles, be
conclusive evidence of the facts stated therein.
Administra- 13.-( 1) The corporation or any person having an interest

tion.
in a strata lot may apply to the court for appointment of
an administrator.
(2) The court may in its discretion on cause shown
appoint an administrator for an indefinite period or for a
fixed period on such terms and conditions as to remunera-
tion or otherwise as it thinks fit.
The remuneration and expenses of the administrator shall
be an administrative expense within the meaning of this
Act.
(3) The administrator shall, to the exclusion of the
corporation, have the duties and powers of the corporation
or such of those duties and powers as the court shall order.
(4) The administrator may delegate any of the powers
vested in him by virtue of subsection (3).
(5) The court may in its discretion on the application
of the administrator or any person referred to in subsection
(1) remove or replace the administrator.
(6) On any application made under this section the
court may make such order for the payment of costs as it
thinks fit.
Datruction 1 4 . 4 1) Where the building is destroyed-
of the
building. (a) the corporation shall forthwith lodge With the
Registrar of Titles, in such form as may be pre-
scribed, a notification of such destruction;
me induoion of thin page is authorid by L.N. 480119731
(b) the Registrar of Titles shall, upon receipt of such

notification, make, in such form as may be pre-
scribed, an entry thereof on the registered strata
plan; and thereafter
(c) the proprietors of all the strata lots contained in
such strata plan shall be entitled to the parcel as
tenants in common in shares proportional to the
unit entitlement of their respective strata lots and
the provisions of sections 11 and 12 shall apply
in relation to the transfer or lease of the parcel
and to the creation of any easement or restrictive
covenant burdening or benefiting it.
(2) For the purposes of this Act the building referred
to -insubsection (1) is destroyed-
(a) when the proprietors by unanimous resolution so
resolve; or
(b) when the court is satisfied that having rzgard to
the rights and interests of the proprietors as a whole
it is just and equitable that such building shall be
deemed to have been destroyed and makes a
declaration to that effect.
(3) In any case where a declaration has been made
pursuant to paragraph (b) of subsection (2) the court may
by order impose such conditions and give such directions
(including directions for the payment of money) as it thinks
fit for the purpose of adjusting, as between the corporation
and the proprietors and as amongst the proprietors them-
selves, the effect of the declaration.
(4) An application for a declaration under paragraph
(b) of subsection (2) may be made to the court by the
corporation or by a proprietor or by a registered mortgagee
of a strata lot.
(5) On any application to the court for a declaration
under paragraph (b) of subsection (2)any insurer who has
me inclusion of this pele ia authorized by LN. 480/1973]
effected insurance on the building or on any part thereof

(being insurance against destruction of strata lots or dam-
age to the building) shall have the right to appear in person
or by counsel.
(6) The court may, on the application of the cor-
poration or any member thereof or the administrator, by
order make provision for the winding-up of the affairs of
the corporation and may, by the same or a subsequent order,
declare the corporation dissolved as on and from a date
specified in the order.
(7) On any application under this section the court
may make such order for the payment of costs as it thinks
fit.
(8) The court may from time to time vary any order
made by it under subsection (3) or subsection (7).
Voting 1 5 . 4 1) Any powers of voting conferred by or under this

rights.
Act may be exercised-
(a) in the case of a proprietor who is an infant, by his
guardian;
(b) in the case of a proprietor who is for any other
reason unable to control his property, by the
person who for the time being is authorized by
law to control that property.
(2) Where the court upon the application of the
corporation or of any proprietor is satisfied that there is no
person able to vote in respect of a strata lot the court-
(a) shall, in cases where a unanimous resolution is
required by this Act; and
(b) may in its discretion in any other case,
appoint some fit and proper person for the purpose of
exercising such powers of voting under this Act as the court
shall determine, and the court may in making such appoint-
me inclusion of thia page is authorized by L.N. 480/19131
ment make such order as it thinks necessary or expedient

to give effect to such appointment, including an order as
to the payment of costs of the application, and may vary
any order so made.
(3) The court may order service of notice of the
application referred to in subsection (2) on such person as
it thinks fit or may dispense with service of such notice.
16. The Minister may. make regulations generally for peg"-

the proper carrying out of the purposes and provisions of *
this Act, and in particular, but without prejudice to the

generality of the foregoing, may make regulations-
(a) as to the manner and form of registering strata
plans;
(b) providing for the amendment of registered strata
plans;
(c) prescribing the manner of registering transfers
and leases of common property;
(d) providing for cases where the building is damaged
but is not destroyed;
(e) providing for the insurance of strata lots by the
proprietors thereof;
(f) providing for the voting rights of mortgagees of
strata lots;
(g) prescribing the fees to be paid for anything
required or permitted to be done under this Act;
(h) prescribing any other matter or anything which
may be, or is required by this Act to be, prescribed.
17. Provision may be made by rules of court as to the Rqesof
practice and procedure to be followed in relation to applica- wprt.
tions which may be made to the court under this Act.
18. If there is failure to comply with any notice, order Oftenc-.
or request referred to in paragraph (g) or (h) of subsection
(1) of section 5, or with any requirement of subsection (1)
of section 6 or subsection (6) of section 9 or paragraph (U)
me inclusion of this p g c is auhriiad by L.N.41/1987]
of subsection (1) of section 14, the corporation and every

member thereof who is knowingly a party to such failure
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not
exceeding four hundred dollars, or to imprisonment with or
without hard labour for a term not exceeding six months.
Liability 19.41) Subject to the provisions of this section, in rela-
f OT ,
m eS.
13/1986 tion to any parcel-
s. 3. (a) the corporation; and
(b) the proprietors of strata lots in that parcel, .to the
extent prescribed in section 7(4)(c),
shall be jointly and severally liable for all property tax pay-
able in respect of that parcel.
(2) Collector qf Taxes, on his own initiative or
consequent on agreement with the proprietor of a strata lot
or the corporation, may, by memorandum in writing to the
proprietor of a strata lot and to the corporation, direct that
the proprietor shall, to the exclusion of the corporation, be
responsible for the payment of any property tax payable in
respect of the strata lot to which the direction relates, and
thereupon or from such date as may be specified in the
memorandum, the property tax shall be recovered as if-
the proprietor of the strata lot were the owner in
fee simple in possession of the lot and it were a
separate parcel of land having a property tax lia-
bility equal to the appropriate tax apportioned to
it under paragraph (cl;
that proprietor were, subject to any exemptions or
concessions that may be applicable to him or to
the lot of which he is proprietor, liable for any tax
made or levied on the owners or other person in
possession of the land; and
the tax on the lot were an amount that bears to the
total tax payable on the parcel, the same propor-
tion as the unit entitlement of that lot bears to the
aggregate unit entitlement.
plc inclusion of this page is authariaed by LN. 41/1987]
REGISTRATION (STRATA TITLES)
FWSTSCHEDULE (Sections 2 and 9)

Proprietors
1. A proprietor shall-
(a) permit the corporation and its agents, at all reasonable times
on notice (except in case of emergency when no notice shall
be required), to enter his strata lot for the purpose of inspecting
it and maintaining, repairing or renewing pipes, wires, cables
and ducts for the time being existing in the strata lot and
capable of being used in connection with the enjoyment of
any other strata lot or common property, or for the purpose
of maintaining, repairing or renewing common property, or
for the purpose of ensuring that the by-laws are king observed;
(b) pay all rates. taxes. charges, outgoings and assessments that
may be payable in respect of his strata lot;
(c) repair and maintain his strata lot, and keep it in a state of good
repair, reasonable wear and tear. and damage by fire, storm.
tempest or act of God excepted;
(a) use and enjoy the common property in such a manner as
not unreasonably to interfere with the use and enjoyment
thereof by other proprietors or their families or visitors;
(e) not use his strata lot or permit it to be used in such manner
or for such purpose as shall cause a nuisance or hazard to
the occupier of any other strata lot (whether a proprietor
or not) or the family of such occupier;
0 notify the corporation forthwith upon any change of owner-
ship or of any mortgage or other dealing in connection with
his strata lot.
The Corporation
2. The corporation shall-
(a) control. manage and administer the common property for
the benefit of all proprietors;
(6) keep in a state of good and serviceable repair and properly
maintain the fixtures and fittings (including elevators) used in
connection with the common property;
(c) where practicable establish and maintain suitable lawns and
gardens on the common property;
(d) maintain and repair (including renewal when reasonably
necessary) pipes, wires, cables and ducts for the time Wig
existing in the parcel and capable of being used in connection
with the enjoyment of more than one strata lot or common
property;
(e) on the written request of the proprietor, or registered mort-
gagee of a strata lot, produce to such proprietor or mortgagee,
or any person authorized in writing by such proprietor or
me inclusion of this page is authorized by L.N. 480/1973]
REGISTRATION (STRATA TITLES)
mortgagee, the policy or policies of insurance effected by

the corporation, and the receipt or receipts for the last
premiums in respect thereof.
3. The corporation may-
( U ) purchase, hire or otherwise acquire personal property for use
by proprietors in connection with their enjoyment of common
property; $
(b) borrow moneys required by it in the performance of its duties

or the exercise of its powers;
(c) secure the repayment of moneys borrowed by it, and the
payment of interest thereon. by negotiable instrument, or
mortgage of unpaid contribution (whether levied or not), or
mortgage of any property vested in it, or by combination of
those means;
(6) invest as it may determine any moneys in the fund for
administrative expenses;
(e) make an agreement with the proprietor or occupier of any
strata lot for the provision of amenities or services by it to
such strata lot or to the proprietor or Occupier thereof;
(f) do all things reasonably necessary for the enforcement of
the by-laws and the control, management and administration
of the common propem.
General Meetings
4. A general meeting of proprietors shall be held within three months
after registration of the strata plan.
5. Subsequent general meetings (hereafter referred to as annual
general meetings) shall be held once in each year :
Provided that not more than fifteen months shall elapse between
the date of one annual general meeting and that of the next
6. All general meetings other than the annual general meetings shall
be called extraordinary general meetings.
7. The corporation may whenever it thinks fit and shall upon a
requisition in writing made by proprietors ejltitled to twentyfive per
cenrum of the total unit entitlement of the strata lots convene an
extraordinary general meeting.
8. Seven days' notice of every general meeting specZying the place.
the date and the hour of meeting and, in case of special business, the
general nature of such business, shall be given to all proprietors and
registered first mortgagees who have notified their interests to the
corporation but accidental omission to give such notice to any proprietor
or to any registered €irst mortgagee or non-receipt of such notice by any
proprietor shall not invalidate any proceedings at any such meeting.
m e iodusion of this pnge h authorized by U.480/1973J
9. All business shall be deemed special that is transacted at an annual

general meeting with the exception of the consideration of accounts. or
at an extraordinary general meeting.
10. Save as is in these bylaws otherwise provided, no business shall
be transacted at any general meeting unless a quorum of persons
entitled to vote is present at the time when the meeting proceeds to
business. One-half of the persons entitled to vote present in person or
by proxy shall constitute a quorum.
11. If within half an hour from the time appointed for a general
meeting a quorum is not present the meeting shall stand adjourned to
the same day in the next week at the same place and time and if at
the adjourned meeting a quorum is not present within half an hour
from the time appointed for the meeting the persons entitled to vote
present shall be a quorum.
12. At the commencement of a general meeting, a chairman of the
meeting shall be elected.
The Executive Committee
13. There shall be an executive committee of the corporation which
shall, subject to any restriction imposed or direction given at a general
meeting, exercise the powers and perform the duties of the corporation.
14. The executive committee shall consist of not less than three nor
more than nine proprietors and shall be elected at the first general
meeting of the corporation and thereafter at each annual general meeting :
Provided that where there are not more than three proprietors the
executive committee shall consist of all the proprietors.
15. Except where the executive committee consists of all the
proprietors, the corporation may by resolution at an extraordinary
general meeting remove any member of the executive committee before
the expiration of his term of office and appoint another proprietor in his
place to hold office until the next annual general meeting.
16. Any casual vacancy on the executive coxunittee may be filled
by the remaining members thereof.
17. The quorum of the executive committee shall be such number
as the committee may fix from time to time, being not less than one-
half the number of members thereof.
18. At the commencement of each meeting the executive committee
shall elect a chairman for the meeting, and if any chairman so elected
vacates the chair during the meeting the executive committee shall
elect in his stead another chairman.
19. At meetings of the executive committee all matters shall be
determined by simple majority vote and the chairman shall, in addition
to an original vote, have a casting vote in any case in which the voting
is equal.
- me inclusion of this page is authorized by LN. 480/1973]
20. Subject to fhe provisions of these bylaws the executive com-

mittee shall have power to regulate its own procedure.
21. The executive committee may-
(U) employ for and on behalf of the corporation such agents and
servants as it thinks fit in connection with the control,
management and administration of the common property and
the exercise and performance of the powers and duties of tbe
corporation;
(b) subject to any restriction imposed or direction given at a
general meeting, delegate to one or more of its members such
of its powers and duties as it thinks fit. and may at any time
revoke such delegation.
22. The executive committee shall-
(a) keep minutes of its meetings;
(b) cause proper books of account to be kept in respect of all
moneys received and spent by it;
(c) prepare proper accounts relating to all moneys of the corpora-
tion, and the income and expenditure thereof, for each annual
general meeting;
(d) on the application of a proprietor or a mortgagee, or any
person authorized in writing by either of them, make the
books of account available for inspection at all reasonable
times.
23. The validity of the proceedings of the executive committee shall
not be affected by any vacancy amongst the members thereof or by
any defect in the appointment of a member thereof.
Voting
24. At any general meeting a resolution by the vote of the meeting
shall be decided on a show of hands unless a poll is demanded by any
proprietor present in person or by proxy. Unless a poll is so demanded
a declaration by the chairman that a resolution has on the show of
hands been carried shall be conclusive evidence of the fact without
proof of the number or proportion of votes recorded in favour of or
against such resolution. A demand for a poll may be withdrawn.
25. A poll if demanded shall be taken in such manner as the chair-
man thinks fit and the result of the poll shall be deemed to be the resolu-
tion of the meeting at which such poll was demanded.
26. In the case of equality in the votes whether on a show of hands
or on a poll the chairman of the meeting s h d be entitled to a casting
vote in addition to his original vote.
27. On a show of hands each proprietor shall have one vote; on a
poll the votes of proprietors shall correspond with the unit entitlement
of their respective strata lots.
me inclusion of this page is authorized by LN. 480ll973J
28. On a show of hands or on a poll votes may be given either

personally or by proxy.
29. An instrument appointing a proxy shall be in writing under the
hand of the appointer or his attorney, and may be either general or for
a particular meeting. A proxy need not be a proprietor.
30. Except in cases where by or under the Act a unanimous reso-
lution is required, no proprietor shall be entitled to vote at any general
meeting unless all contributions payable in respect of his strata lot have
been duly paid.
31. Co-proprietors may vote by proxy jointly appointed by them,
and in the absence of such proxy shall not be entitled to vote on a show
of hands, except when the unanimous resolution of proprietors is
required by the Act; but any one co-proprietor may demand a poll. On
any poll such co-proprietor shall be entitled to such part of the vote
applicable to a strata lot as is proportionate to his interest in the strata
lot. The joint proxy (if any) on a poll shall have a vote proportionate
to the interests in the strata lot of such of the joint proprietors as do
not vote personally or by individual proxy.
32. Where proprietors are entitled to successive interests in a strata
lot, the proprietor entitled to the first interest shall alone be entitled
to vote, whether on a show of hands or a poll; and this by-law shall
be applicable whether by this Act the unanimous resolution of pro-
proprietors is required or not.
33. Where a proprietor holds his strata lot as a trustee he shall
exercise the voting rights in respect of the strata lot to the exclusion
of persons beneficially interested in the trust, and such persons shall
not vote.
Use of common seal
34. The corporation shall at the first general meeting held after regis-
tration of the strata plan, and may from time to time, at subsequent
general meetings, determine how the common seal of the corporation
shall be used.
SECOND &HEDULX (Section 9)
1. A proprietor shall not-
(a) use his strata lot for any purpose which may be illegal or
injurious to the reputation of the building; or
(b) make undue noise in or about any strata lot or common pro-
perty; or
(c) keep any animals on his strata lot or the common property
after notice in that behalf from the executive committee.
2. When the purpose for which a strata lot is intended to be used is
shown expressly or by necessary implication on or by the registered
strata plan the proprietor of such strata lot shall not use it or permit it
to be used for any other purpose.
me inclusion of this page is authorized by L.N. 480/197S]
JAMAICA
No./f--2009
"
Jassent,
[L.S.]
~)t./.~
Governor-General
AN ACT to Amend the Registration (Strata Titles) Act.
[ao tth ~~ ~!Jt!tf]

BE IT BNACTED by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and House of
Representatives of Jamaica, and by the authority of the same, as
follows:
1. This Act may be cited as the Registration (Strata Titles) Short title
(Amendment) Act, 2009, and shall be read and construed as one and .
with the Registration (Strata TItles) Act (hereinafter referred to as the construction.
principal Act) and all amendments thereto.
2 [No. ] The Registration (Strata Titles) (Amendment) Act, 2009
Amendment 2. Section 2 of the principal Act is amended by inserting the

of section 2
of principal
following definitions in the appropriate alphabetical sequence-
Act "agent" means a person appointed in accordance with paragraph
1(g) of the First Schedule;
"Commission" means the Commission of Strata Corporations
established by section 3A;
"developer" means a person who carries on, whether in whole
or in part, the business of development of land;
"functions" includes powers and duties;
"Register" means the Register of Strata Corporations kept
pursuant to section 4B;
"Tribunal" means the Strata Appeals Tribunal established by
section 15A;".
Insertion of 3. The principal Act is amended by inserting next after section
new sections 3, the following as sections 3A, 3B, 3C, 3D, 3E and 3F
3A. 38, 3C,
3D, 3E and " Establish 3A.-(1) There is hereby established for the
3F in princi ment of
pal Act. Commission
purposes of this Act, a body to be known as the
of Strata Commission of Strata Corporations which shall be
Corpora a bQdy corporate for the purposes of section 28 of
tions,
the Interpretation Act.
Third (2) The provisions of the Third Schedule
Schedule, shall have effect as to the constitution of the
Commission.
Functions of 3B.-(1) The functions of the Commission shall be
Commission, to
(a) monitor, regulate and supervise
corporations incorporated by section 4;
(b) keep or cause to be kept a register of
such corporations to be known as "The ,I
Register of Strata Corporations";

(c) facilitate the resolution of disputes, in
particular, those between a corporation
and a proprietor arising from any matter
to which this Act relates;
The Registration (Strata Titles) (Amendment) Act, 2009 (No. 3
(d) consider complaints from proprietors that

the amount of contribution levied under
section 5(2)(b), is unreasonable or
inequitable;
(e) enforce the by-laws; and
(t) perform such other functions as may be
conferred upon it by or under this Act, or
as the Minister may by order prescribe.
(2) In exercise of its functions, the
Commission may
(a) order, by notice in writing to an executive
committee or a proprietor or both
(i) the demolition ofany extension
to the external wall of any
strata lot or the removal from
the relevant parcel of any
structures, vehicles or other
things, where the extension or
the presence of the structure,
vehicle or other thing is
contrary to the by-laws;
(ii) where it considers appropriate,
that the interest payable by a
proprietor in respect ofthe late
payment of contribution be
varied to the amount stated in
the notice;
(m) the removal of animals from
any strata lot or common
property;
(iv) that contributions be varied
where they appear to the
Commission to be excessive or
inadequate;
(v) that the manner ofmaking any

payment be varied where it
appears to the Commission to
be unreasonable;
(b) order, by notice in writing to a
corporation
(i) that a resolution passed by the
corporation sball be ofno effect
where the voting rights of a
proprietor have been
compromised;
(n) tlle holding ofan annual general
meeting for the election of an
executive committee, within the
period stated therein and the
notification to the Commission,
within fourteen days of the
annual general meeting, ofthe
names of the members of that
executive committee; and
(c) make such enquiries and collect such
information as it may consider necessary
or desirable for the purpose ofmonitoring,
regulating and supervising the fimctions of
corporations.
(d) do anything and enter into any transaction
which in the opinion ofthe Commission is
necessary for or incidental to ensure the
proper performance of its functions.
(3) Where a proprietor fails to comply with
an order under subsection (2)(a)(i), the corporation
may
(a) demolish the unauthorized extension;
(b) restore the strata lot or common property,
as the case may be, to its original state;
and
The Registration (Strata Titles) (Amendment) Act, 2009 [No. ] 5
(c) recover the expenses incurred by the

corporation in such demolition or
restoration,
and any such expenses which remain unpaid shall, in
addition to any other remedy, be a first charge on
the strata lot concerned.
(4) Where the corporation fails to comply
with an order under subsection (2) (b) (ii), the
Commission shall convene the amrual general meeting
for the purpose of the election of the executive
committee and any decisions thereof shall be binding
on the corporation and be effective as ifmade at a
meeting called by the corporation.
(5) The corporation, a proprietor or any
other person aggrieved by a decision of the
Commission may appeal against the decision, so,
however, that, the decision ofthe Commission shall.
subject to subsection (7), be binding on the
corporation, proprietor or any other person
aggrieved, as the case may be, until the appeal is
determined.
(6) An appeal pursuant to this section shall
be made no later than thirty days from the date of
the decision of the Commission.
(7) Subject to subsection (8), the
implementation ofa decision that is the subject ofan
appeal shall be suspended until the time for appeal
has expired or the appeal has been disposed of.
(8) Notwithstanding subsection (7), a decision
ofthe Commission shall be implemented forthwith
where continuation ofthe action or thing complained
of, to which the decision relates, is likely to result in
a nuisance or health hazard.
Power of 3C. The Minister may, after consultation with the
Minister to
give Chairman of the Commission, give 10 the
directions. Commission directions ofa general character as to
6 [No, ] The Registration (Strata Titles) (Amendment) Act, 2009
the policy to be followed by the Commission in the

exercise and performance of its functions and the
Commission shall give effect to such directions.
Funds and 3D. The funds and resources of the Commission
resources of
the Commis shall consist of
sion.
(a) such sums as may be provided by
Parliament for the Commission in the
Estimates ofRevenue and Expenditure of
Jamaica;
(b) revenue from charges imposed by the
Commission for the use of any facility or
services provided by it;
(c) such sums as may be allocated from time
to time to the Commission from loan
fi.mds;
(d) sums borrowed by the Commission for
the purpose of meeting any of its
obligations or discharging any of its
functions;
(e) all other sums or property which become
payable to or vested in the Commission
in respect of any matter incidental to its
functions.
Accounts and 3E.-(1) The Commission shall keep proper
audits.
accounts and other records in relation to the business
of the Commission and shall prepare annually a
statement of accounts in accordance with generally
accepted accounting principles.
(2) The accounts ofthe Commission shall be
audited by an auditor or auditors appointed annually
by the Commission.
(3) Within six months after the end of each
financial year or within such further time as may in
special circumstances be allowed by the Minister,
the Commission shall send, in respect ofthat financial
The Registration (Strata Titles) (Amendment) Act, 2009 [No. 7
year, a statement of its accounts referred to in

subsection (1) to the Minister, together with a copy
ofany report made by the auditors on that statement
or on the accounts of the Commission.
(4) The auditor's fees and any expenses of
the audit shall be paid by the Commission.
(5) The Auditor-General shall be entitled on
the direction ofthe Minister, at all reasonable times
to examine the accounts and other records in relation
to the business of the Commission.
Annual 3F.--(1) The Commission shall, within six months
report.
after the end of each financial year or within such
further time as may be allowed by the Minister,
cause to be made and transmitted to the Minister a
report dealing generally with the affairs of the
Commission during that financial year.
(2) The Minister shall cause a copy of the
report together with the annual statement ofaccounts
and the auditor's report thereon to be tabled in the
House of Representatives and the Senate.".
4. Section 4 of the principal Act is amended by inserting next Amendment
after subsection (3) the following as subsections (4), (5), (6), (7) and of section 4
of principal
(8) Act.
" (4) The corporation shall within ninety days after becoming
a body corporate make an application to the Commission for
registration under this Act and pay the prescribed fee.
(5) A corporation shall in each year pay to the Commission
a prescribed annual fee and in default ofsuch payment, such fee
shall be recoverable by the corporation as a civil debt by action
in a court of competent jurisdiction.
(6) Where the corporation fails to comply with subsection
(4), it commits an offence, and shall be liable on summary
conviction in a Resident Magistrate's Court to a fine not exceeding
two hundred and fifty thousand dollars.
8 [No. ] The Registration (Strata litles) (Amendment) Act, 2009
(7) The corporation shall file with the Commission within

one hlUldred and twenty days after the end ofthe current year
(a) audited financial statements or subject to the approval
ofthe Commission, a copy ofthe accolUlts, prepared
in accordance with generally accepted accounting
principles, signed by the chairman and at least one
other member ofthe executive committee relating to
(i) in the case ofa new corporation, the period
commencing on the date ofits incorporation
and ending at the close ofthe first financial
year; or
(Ii) in any other case, the whole ofthat financial
year; and
(b) a report of its activities during the financial year
including
(i) meetings held by the corporation;
(ii) -the appointment ofthe executive committee;
(Iii) the passing of resolutions adopting a
budget; anq.
(c) a copy of the certificate of insurance for the current
year,
and the filing shall be accompanied by the prescribed fee.
(8) The prescription ofany fee lUlder this section shall be
subject to affirmative resolution ofthe House ofRepresentatives.".
5. The principal Act is amended by inserting next after section
Insertion of 4, the following as sections 4A, 4B and 4C
new sections
4A. 48 and 4A.-(1) Fees collected by the Commission shall
4C in "Application be used to
assist in meeting its administrative
principal Act. of fees. b~ expenses.
Commission.
(2) Where
(a) the average income ofthe proprietors that
constitute the corporation is less than such
amount as the Minister may, by order,

prescribe; and
(b) the Commission is satisfied that it is
reasonable to waive or reduce the fee
payable by the corporation, having regard
to the financial circumstances of the
corporation,
the Commission may waive or reduce the required
registration fee.
(3) For the purposes of subsection (2)(a)
average income shall be determined by using such
measures as the Commission considers reasonably
practicable in the circumstances of the particular
case.
Register of 4B.-{1) The Commission shall keep the Register
Strata
Corporations.
of Strata Corporations in such form as the
Commission may determine, which shall contain the
names and other particulars of all corporations and
the members ofthe respective executive committees,
in relation thereto, and any other particulars relevant
to the corporations or the strata lots administered
thereby.
(2) The Register shall be kept at the office
of the Commission and shall be available for
inspection at all reasonable times on payment ofthe
prescribed fee.
Audit of 4C.-{1) The Commission shall
corporation
by Commis (a) carry out an audit of the accounts and
sion.
other records; and
(b) conduct an investigation into the activities,
of a corporation, in any case where it considers that
the circumstances so require.
(2) The expenses incurred by the Commission
under subsection (1), shall be recoverable from the
10 [No. ) The Registration (Strata Titles) (Amendment) Act, 2009
corporation as a debt by action in a Court of

competent jurisdiction.".
Amendment 6. Section 5 of the principal Act is amended~
of section 5
of principal (a) in subsection (1) by~
Act.
(i) deleting the full stop at the end of paragraph (h)
and substituting therefor a semicolon;
(n) Inserting next after paragraph (h) the following
as paragraph (i)
"(i) in any case where the corporation
defaults in payment of any premium on
any policy of insurance which
consequently lapses or is cancelled
(i) to inform any proprietors or
any agents ofthe proprietors
of such lapse or cancellat,ion
by notice in writing within
fourteen days thereof; and
(n) iD display a copy of the
notice in a conspicuous
manner within the common
property.";
(b) in subsection (2) by
(i) deleting the full stop from paragraph (d) and
substituting therefor a semicolon;
(ii) inserting next after paragraph (d) the following
as paragraph (e)
" (e) to exercise a power of sale in respect
of a strata lot in accordance with the
provisions ofthis Act";
(c) in subsection (4), by inserting immediately after the words
"on the application of' the words "a mortgagee or";
(d) by inserting next after subsection (5) the following as

subsection (6)
" (6) An implied covenant shall exist between the
corporation and each proprietor binding the latter, his
heirs, executors, administrators and transferees, to
pay contributions or other monies due and owing to
the corporation in respect of the relevant strata lot
prior to the transfer of the strata lot.".
7. The principal Act is amended by inserting next after section Insertion of
5, the following as sections 5A, 5B, 5C, 5D, 5E, 5F, 5~ 5H and new sections
5I 5A, 58, 5C,
5D, 5E, 5F,
SCi, 5H and 51
H Failure to 5A.-(1) Where for a period exceeding thirty days, in the
pay contri
bution.
a proprietor fails, neglects or refuses to pay to the principal Act.
corporation, all or any part ofthe contribution levied
pursuant to section 5(2)(b), the corporation shall
act in the manner specified in subsection (2).
(2) For the purposes of subsection (1), the
corporation shall notify in writing the proprietor
concerned and his agent, if any, and the mortgagee
of the strata lot, if any
(a) of the outstanding amount of the
contribution owing by the proprietor and
the period for which the contribution is
owed, outlined in a related statement of
accounts;
(b) of the amount of interest accruing on the
contribution and the period for which
interest is payable, outlined in a related
statement of accounts;
(C) that the proprietor is required, within thirty
days from the date of the service of the
notice, to pay the outstanding contribution
and the amount ofinterest, ifany, rux;ruing
thereon;
(d) that if the outstanding contribution and
interest accrued thereon are not paid
-_._---
within the period specified under

paragraph (c) or make suitable
arrangements to pay that amount, the
corporation may sell the strata lot by
public auction or by private treaty in
accordance with section 5e(4);
(e) that the proprietor, if aggrieved by the
amount ofcontribution stated in the notice,
may lodge an appeal if he has paid at
least fifty percent of the amount owing or
such other amount as may be agreed with
the corporation.
(3) Where the mortgagee sells the property,
the amount ofcontributions owing shall be deducted
from the proceeds of sale, and the mortgagee shall
be responsible for remitting that amount, to the
corporation.
(4) Where a proprietor appeals against the
amount of contribution, the corporation shall not
exercise its power under subsection (2)(d) until the
appeal is determined.
(5) Where in any appeal under this section
the Tribunal is satisfied that contributions owing to a
corporation are due and have been owing for at
least sixty days prior to the appeal being lodged, the
Tribunal may make an order for such payment.
(6) Where on appeal the Tribunal determines
that the amount paid by the proprietor pursuant to
subsection (2)(c) ought not to have been paid, the
Tribunal may order
(a) that the corporation refund the amount to
the proprietor; or
(b) if there is any other amount outstanding
with respect to that proprietor. that the
corporation use the amount to offset the

amount outstanding.
Unpaid 5B.-(I) The contributions imposed pursuant to
contributions
shall be section 5(2)(b), shall be a charge on each strata lot
charge on contained in a strata plan and shall run with the
strata lot.
strata lot.
(2) The contributions referred to under
subsection (I), shall rank in priority to existing
mortgages or charges on the strata lot.
Procedure to 5C.-(I) Prior to the exercise ofthe power of sale
be satisfied
prior to by the corporation, the corporation shall satisfY the
exercise of Commission that the corporation has taken all
power of sale.
reasonable measures to recover the amounts owing by
giving notice to the proprietor and his agents, if any,
and the mortgagee ofthe strata lot, if any, in accordance
with the notice referred to in section 5A(2).
(2) Where the Commission is satisfied that
the corporation has exhausted all means ofnotifYing
the proprietor in accordance with section 5A, it
may direct the corporation to take any additional
action it deems fit in the circumstances, including the
publication of a notice of the proposed sale of the
strata lot.
(3) A notice referred to in subsection (2)
shall
(a) be published within thirty days after the
Commission has given the direction in
relation thereto, in a daily newspaper,
printed and circulating in Jamaica; and
(b) shall contain
(i) a brief description of the land
including the area of the unit;
(ii) the number of rooms;

(iii) the strata lot and strata plan
numbers;
(iv) the relevant Volume and Folio
numbers of the Register Book
of TItles;
(v) the civic address and name of
the complex, if any; and
(vi) the land use.
(4) Where the Commission is satisfied that
the corporation has taken all reasonable steps in
accordance with section SA(2) for the purpose 0[.
(a) obtaining payment of amounts owing to
the corporation; and
(b) notifYing the proprietor of the proposed
sale,
it shall issue a certificate in the prescribed form to
that effect.
(5) The corporation may only exercise a
power of sale where it has received from the
Commission a certificate under subsection (4).
Prior SD.-(l) Where a strata lot is to be sold by the
valuation and
advertise
corporation in exercise of a power of sale, the
ment of corporation shall ensure as far as is reasonably
strata lot to
be sold.
practicable that the strata lot is sold at the best price
reasonably obtainable.
(2) The strata lot to which this section relates
shall be valued by the corporation in accordance
with subsection (3) and within twenty-one days of
the valuation, the corporation shall give notice ofthe
valuation determined to the proprietor in accordance
with section 5F(1) prior to the exercise of its power
of sale, and to the mortgagee ofthe strata lot, if any,
at the address for the mortgagee appearing in the

Register Book ofTitles.
(3) The corporation shall ensure that two separate
valuations ofthe strata lot are obtained, each to be
determined by a duly qualified person appointed by
the corporation with the approval ofthe registered
mortgagee, ifany.
(4) Upon receipt by the corporation of a
certificate under section 5e(4), and in any event not
less than thirty days prior to the sale ofthe strata lot,
the corporation shall advertise the proposed sale at
least once in a daily newspaper circulating in Jamaica.
(5) The corporation shall treat the proceeds of
sale ofthe strata lot sold pursuant to this section, as if
it were monies received by a mortgagee arising from
a sale.
(6) Where having been valued under this section,
and the strata lot is sold, the corporation shall within
twenty-one days ofthe sale, give notification thereof
to the proprietor in accordance with section 5F(1)
and to the mortgagee ofthe strata lot if any, at the
address ofthe mortgagee appearing in the Register
Book ofTitles.
Application 5E.-{1) Where a corporation has exercised its
of proceeds
of sale. power ofsale under section 5(2), any money received
in respect of the sale shall be apportioned in the
following order
(a) firstly to pay any costs associated with
and incidental to the sale ofthe strata lot;
then
(b) to pay all amounts owing to the
corporation; and then
(c) in the absence of a mortgage on the strata
lot, to pay the balance to the proprietor.
(2) The corporation shall forthwith upon the

exercise ofthe power of sale, furnish a statement of
accounts ofthe sale, to the proprietor and mortgagee,
ifany.
(3) Where there is a mortgage on the strata
lot, the mortgagee shall be paid the amount owed
upon the mortgage, and the balance, if any, shall be
given to the proprietor.
(4) In the event that a proprietor cannot be
located subsequent to the exercise of a power of
sale, the money received in respect of the property
shall be deposited in an interest bearing account in
a bank or other financial institution licensed to accept
deposits, in the name ofthe Corporation, in trust for
the proprietor.
(5) For the purposes ofexecuting its powers
of sale under section 5(2), the corporation shall be
entitled to execute all relevant instruments and
documents necessary, pursuant to the Registration
ofTitles Act, to transfer ownership ofthe strata lot.
(6) Subject to subsection (8), the corporation
shall not be liable to the proprietor for any loss
occasioned by the sale ofthe strata lot in accordance
with section 5(2) and a purchaser is not bound to
see or enquire as to-
(a) whether there has been a default in
payment ofcontribution;
(b) whether notice has been served or
otherwise; or
(c) the propriety or regularity ofsuch sale.
(7) The Registrar of Titles upon the production
ofa transfer made in professed exercise ofthe power
ofsale, shall not be concerned or required to make

any enquiry in relation to the exercise ofthe power of
sale.
(8) Any person wronged by an unauthorized
or improper or irregular exercise of the power
exercised in accordance with subsection 5(2) shall
have his remedy in damages only, against the
corporation exercising the power.
Service of SF. A notice issued by the corporation shall be in
documents.
writing and served by
(a) giving such notice to the proprietor and his
agent; or
(b) leaving it on some conspicuous part ofthe
strata lot; or
(c) sending it to the proprietor ofthe strata lot
and his agent ifany, through the post office
by registered letter directed to them at the
address provided by the proprietor or the
address appearing in the Register Book of
Titles for such proprietor;
Application 50-(1) Notwithstanding the other provisions of
for order for
possession. this Act, the corporation may submit an application
to the court for an order for possession ofthe strata
lot where--:
(a) for a period exceeding sixty days,
contributions have not been paid in
respect ofthat strata lot;
(b) all efforts to locate the proprietor of the
strata lot have been unsuccessful; and
(c) the corporation intends to rent the strata
lot to recover the amount outstanding as
contributions to the corporation until the

proprietor or his agent
(1) is found; and
(ii) h as paid all the amount
outstanding and has resumed
his obligations with respect to
the contributions.
(2) The corporation shall apply to the court
to obtain vacant possession of the strata lot where
the corporation intends to exercise its power of sale.
(3) Where possession of a strata lot that is
rented is granted to the corporation, the court may
direct that contributions be deducted from the rent
and paid over to the corporation by the tenant.
Proceeds of 5H. Proceeds of rental which remain after the
rental to be
kept in deduction of contributions levied pursuant to section
interest 5(2) and other related expenses in respect of a
bearing
account. strata lot that is, by an order of the court, in the
possession of the corporation, shall be kept in an
interest bearing account, in the name of the
corporation, in trust for the proprietor in a bank or
other financial institution licenced to accept deposits.
Determina- 51. The court may, in relation to an application
lion regarding. • •
administra- SUbmItted by the corporatIOn under section 50, make
tion of strata a determination as to the best interest of the parties
lot. concerned with regard to the administration of the
strata lot concerned.".
Amendment 8. Section 9 of the principal Act is amended by-
of sect;ion 9
of principal
Act.
(a) deleting from subsection 2(a) the words "unanimous
resolution" and substituting therefor the words "a resolution
passed by at least seventy-five percent ofthe proprietors;
The Registration (Strata Titles) (Amendment) Act, 2009 (No. 19
(b) renumbering subsection (7) as subsection (8) and inserting

the following as subsection (7)
" (7) Each proprietor shall give to a person in
lawful possession ofthe proprietor's strata lot, a copy
of the by-laws in force for the time being and any
notifications lodged with the Registrar ofTitles pursuant
to subsection (5) .";
(c) inserting next after subsection (8) as renumbered, the
following
" (9) A mortgagee or chargee (as the case may
be) in possession of a strata lot shall be bound, to the
same extent as the proprietor, by the by-laws referred
to in this section.
(10) Each corporation shall, upon the request
of the Commission, lodge with the Commission
(a) a copy ofthe by-laws in force for the time
being and any notifications lodged with the
Registrar of Titles pursuant to subsection
(5); and
(b) an address for service for each proprietor
of a strata lot.".
9. The principal Act is amended by inserting next after section Insertion of
9, the following as section 9A new section
9A in
principal Act.
"N.o acti~n 9A. No action, suit, prosecution or other
-~11
hes agamst
a proprietor Proceedings shall be brought or mstitu
. . ted persOU41 y
for bona against any proprietor who is a member of the
fide acts. executive committee in respect of any act done bona
fide in pursuance or execution or intended execution
of this Act.".
10. Section 13 of the principal Act is amended in subsection (1), Amendment
by deleting the words "The corporation" and substituting therefor the of section 13
of principal
words "The Commission, the corporation". Act.
Amendment 11. Section 15 of the principal Act is amended by renumbering

of section IS
of principal subsection (3) as subsection (4) and inserting the following as
Act. subsection (3)
" (3) Where the corporation is satisfied that a proprietor
is able to vote but fails, after being served with due notice, to--
(a) attend meetings; or
(b) appoint a proxy,
the corporation may apply to the Commission for an order
appointing a proxy to vote on resolutions requiring a unanimous
vote.".
Insertion of 12. The principal Act is amended by inserting next after section
new section
ISA in
IS, the following as section 15A
principal Act.
.. Establish- 15A.-(I) There is hereby established for the
~~::aOf purposes of hearing appeals, a body to be known
Appeals as the Strata Appeals Tribunal, and the provisions
Tribunal. ofthe Fourth Schedule shall have effect with regard
Fourth
Schedule. to the constitution and operation ofthe Tribunal and
otherwise in relation thereto.
(2) Any person aggrieved by a decision of-
(a) the corporation, in the case of the
aggrieved person being a proprietor of a
strata lot; or
(b) the Commission,
may appeal to the Tribunal in the prescribed manner,
upon payment of any prescribed fee.
(3) Before detennining an appeal, the
Tribunal shall give the parties the opportunity to be
heard by the Tribunal.
(4) The Tribunal may, on an appea1 under
subsection (2)
(a) allow the appeal and set aside or vary
the decision of the corporation or the
Commission, as the case may be; or
The Registration (Strata Titles) (Amendment) Act, 2009 [No.] 21
(b) dismiss the appeal and confinn the

decision of the corporation or the
Commission, as the case may be.
(5) The amount in respect of which the
Tribunal may order payment under subsection (6) of
section SA, shall not exceed the amount in respect
of which a Resident Magistrate's Court has
jurisdiction in actions arising from contract.
(6) Where an order of the Tribunal is made
pursuant to subsection (6) ofsection SA, the Tribunal
shall forthwith cause the order to be lodged with the
Clerk of the Courts for the parish in which the land
comprising the strata lot to which $e order relates
is situated.
(7) An order which is lodged with the Clerk
of the Courts in accordance with this section shall
be treated as ifit were an order made by the Resident
Magistrate's Court for the payment of money, and
the provisions of sections 213 to 247 of the
Judicature (Resident Magistrates) Act in respect of
execution, shall apply in relation thereto as they apply
in relation to an order made by the Court.
(8) Costs ofthe ~ proceedings including
court costs and any attorney's costs may be
recovered from the unsuccessful party.
(9) All matters to be detennined by the
Tribunal shall be submitted to the Tribunal through
the Commission.
(10) The Tribunal may also adjudicate upon
matters affecting the administration and management
of strata properties referred to it by
(a) the corporation;
,"
(b) the proprietor of a strata lot who has first

notified the corporation ofhis intention to
refer the matter; or
(c) the Commission,
and may make an order in settlement of each matter.
(11) A decision made by the Tribunal on an
appeal made pursuant to this section shall be binding
on the parties to the appeal.
(12) A person who fails to comply with a
decision or an order made by the Tribunal, shall be
guilty ofan offence and liable on sunnruuy conviction
before a Resident Magistrate to a fine not exceeding
one million dollars and in default of payment to
imprisonment for a term not exceeding one year.".
Amendment 13. Section 16 of the principal Act is amended by
of section 16
of principal (a) re-lettering paragraph (h) as paragraph (k);
Act.
(b) inserting next after paragraph (g) the following as paragraphs
(h), (i) and 0)
(h) prescribing the manner in which corporations
are to be registered with the Commission;
(i) prescribing the matters in respect of which
developers are to inform prospective purchasers
of strata lots;
G) prescribe the minimum period of notice to be
given under section 3B(2)(a)(i) and (iii).".
Amendment 14. Section 18 of the principal Act is amended by
of section 18
of principal (a) renumbering the section as subsection (1) of the section;
Act.
(b) deleting from subsection (1) as renumbered the words
"four hundred dollars" and substituting therefor the words
"five hundred thousand dollars";
(c) inserting next after subsection (1) as renumbered the

following as subsections (2) and (3}-
" (2) Where the Court is satisfied on receipt of
an application of the corporation that a proprietor
has contravened any ofthe provisions ofthe by-laws
set out in paragraph 1 of the First Schedule or any First
of the by-laws set out in the Second Schedule then Schedule.
Second
the Court may Schedule.
(a) order the proprietor to pay to the
corporation a pecuniary penalty not
exceeding one million dollars; or
(b) grant an injunction preventing the
proprietor from engaging in conduct in
contravention of the by-laws; or
(c) grant such order and injunction.
(3) In exercising the powers referred to in
subsection (2), the Court shall consider
(a) the nature ofthe default ofthe proprietor;
(b) the nature ofany loss or damage suffered
by any person as a result of the default;
(c) the circumstances of the default;
(d) any previous determination in relation to
a breach of the by-laws, against the
proprietor to whom the application
relates.".
15. The principal Act is amended by inserting therein next after Insertion of
section 18 the following as section 18A new section
ISA in
"Minister 18A.-(1) The Minister may, by order subject to principal Act.
may a~end affirmative resolution ofthe House ofRepresentatives
penalties,
Schedule, amend or vary any penaIty or fne
i 'Imposed by t h'IS
etc. by order. Act.
(2) The Minister may by order, subject to
affirmative resolution ofthe House ofRepresentatives,
amend any of the Schedules to this Act.".
24 [No. ] The Registration (Strata Titles) (Amendment) Act. 2009
Insertion of 16. The principal Act is amended by inserting therein next after
new section
20 in the
section 19 the following as section 20-
Principal Act.
"Review of 20. There shall be a review of this Act by a Committee
Act by
Parliamen
of both Houses of Parliament, appointed for that
tary purpose, not later than three years after the date of
Committee.
commencement of the Registration (Strata Titles)
(Amendment) Act, 2009.".
Amendment 17. The First Schedule to the principal Act is amended in the
of First
Schedule of manner specified in Part I of the Schedule to this Act.
principal Act.
Insertion of 18. The principal Act is amended by inserting next after the
new Third
and Fourth Second Schedule the provisions specified in Part II of the Schedule
Schedules in to this Act, as the Third and Fourth Schedules to the principal Act.
principal Act.
Transitional. 19. Every corporation that was in existence prior to the date of
commencement of this Act shall, within ninety days after that date,
apply to be registered under section 4 ofthe principal Act as amended
by this Act, and the provisions of that section shall apply with such
modification as may be necessary.
SCHEDULE (Sections IS and 16)

Further Amendments to Principal Act
PART I
Amendments to First Schedule to principal Act
I. In paragraph 1
(a) in sub-paragraph (b), insert next after the word "outgoings" a
comma and the· word "levies";
(b) delete the full stop appearing at the end of sub-paragraph (f) and
substitute therefor a semicolon;
(c) insert next after sub-paragraph (f) the following as sub-paragraphs
(g), (h) and (i)-

"(g) where he is unable to carry out his obligations under
this Act by reason of absence from Jamaica, or inability
to act (whether due to illness or ptherwise) appoint an
agent to act on his behalf and shall notify the
corporation and the mortgagee, if any, in writing thereof
stating the period for which the agent is appointed to
act;
(h) inform the executive committee of any change of his
address;
(i) furnish any lessee, tenant or occupier of his strata lot
with a copy of the by-laws for the time being governing
the strata property.".
2. In paragraph 2
(a) delete the full stop at the end of sub-paragraph (e) and substitute
therefor a semicolon;
(b) insert next after sub-paragraph (e) the following as sub-paragraph

(t)
"Cf) from time to time fIx the rate of interest which shall be
charged on arrears of contributions.".
3. In paragraph 8 delete the words "Seven days" and substitute therefor
the words "SUbject to paragraph 8A,".
4. Insert next after paragraph 8 the following as paragraph 8A
"8A. In respect of all general meetings--

(a) notice ofthe meeting shall be in writing and shall be given to
each proprietor or his agent, as the case may be, at least
fourteen days before the date of the meeting;
26 [No. ] The Registration (Strata ntles) (Amendment) Act. 2009
(b) service of the notice of the meeting shall

(i) either be by personal service or by registered post
addressed to the proprietor and his agent, or may
be sent by electronic mail or facsimile, to the
correct electronic mail address or facsimile nwnber
of the proprietor as may be notified by that
proprietor from time to time in accordance with
the by-laws; and
(ii) shall be deemed to be effected at the time at which
a letter would be delivered in the ordinary course
of post; and
(c) the corporation shall, not less than fourteen days before the
date ofthe meeting atrlX to a conspicuous place in the common
property a COpy of the notice of the meeting and such notice
shall remain s~ affixed until the meeting has been held.".
5. Insert next after paragraph 22 the following as paragraph 22A
"Audited 22A. The executive committee shall cause to be transmitted
statements to the Commission a copy of the audited statement of
of accounts. accounts or subject to the approval of the Commission, a
copy of the accounts prepared in accordance with generally
accepted principles of accounting and signed by the
chairman and at least one other member of the executive
committee." .
6. Insert nt:xt after paragraph 33 the following as paragraph 33A
"Limitation 33A. Where
on voting
rights. (a) a proprietor owns less than one hundred
percent, but more than one-third of the total
unit entitlement in a strata plan; and
(b) a vote by poll or resolution is called,
the value of that proprietor's vote shall be reduced to forty
percent of his unit entitlement rounded down to the nearest
whole number.".
PART II
THIRD SCHEDULE (Section 3A)
Part I
Constitution of Commission of Strata Corporations
Appointment
1.-(1) The Commission shall consist of not less than seven of members.
nor more than eleven members appointed by the Minister.
(2) The members of the Commission shaIl be selected by
the Minister from among persons appearing to him to-
(a) have ability and experience in any or all of the
following areas, namely; matters relating to the real
estate industry (including the management of strata
properties, land economy and valuation surveying),
building societies, general insurance, accounting and
law;
(b) otherwise be suitably qualified to be so appointed.

2.-( I) The Minister shall appoint one ofthe members of Chairman.
the Commission to be its chairman and, unless the Minister other
wise determines, the Chairman of the Real Estate Board shall be
the Chairman ofthe Commission.
(2) In the case of the absence of the Chairman from or
his inability to act at any meeting, members of the Commission
present at such meeting shall elect one of their number to act
as Chairman at that meeting.
3. No person shall be qualified for appointment as a Disqualifiea
member of the Commission who-- lion for
appointment
(a) is a member of the Senate or the House of to Commis-
Representatives; or sion.
(b) has been convicted of an offence involving fraud,
dishonesty or moral turpitude.
4. The Minister may appoint any person to act temporarily Temporary

in the place of any member of the Commission in the case of the appoint
absence or inability to act of such member and the provisions ments.
of paragraph I shall apply mutatis mutandi to such temporary
appointment.
5. The appointment of every member ofthe Commission shall Tenure of
be evidenced by instrument in writing, which shall specifY the office.
28 [No. The Registration (Strata Titles) (Amendment) Act, 2009
period of office of the member, which shall not exceed three

years, and each member shall be eligible for reappointment.
Resignation. 6.-{ I) Any member other than the Chairman may at any time
resign his office by instrument in writing addressed to the
Chairman who shall forthwith cause it to be forwarded to the
Minister and that member shall cease to hold office as from the
date of receipt of the instrument by the Minister.
(2) The Chairman may at any time resign his office by
instrument in writing addressed to the Minister and such resigna
tion shall take effect as from the date of receipt by the Minister
of the instrument.
Revocation 7. The Minister may terminate the appointment of any
of appoint member if such member
ment.
(a) becomes of unsound mind or becomes permanently
unable to perform his functions by reason of ill
health;
(b) becomes bankrupt or compounds with, or suspends
payment to, his creditors;
(c) is convicted and sentenced to a term of imprisonment
or to death;
(d) becomes a person who would have been disqualified
for appointment on the grounds indicated in
paragraph 3;
(e) fails, without reasonable excuse, to carry out any of
the functions conferred or imposed on him under
this Act.
Appointment 8.-{l) The Commission may, with the approval of the
of commit Minister, appoint committees, for special purposes connected
tees.
with the functions of the Commission, where in the opinion of
the Commission such functions would be better regulated and
managed by committees.
(2) The Commission shall in relation to the appointment
of a committee determine
(a) the number of members;
(b) the terms of their appointment;
(c) the quorum; and
(d) the area within which the committee shall exercise its
authority.
(3) Each committee shall include one member who is
a member of the Commission and such other members as the
Commission thinks fit.
(4) The validity ofthe proceedings ofa committee shall
not be affected by any vacancy or defect in appointment of a
member.
9. The names of all members of the Commission as first Publication
constituted, and every change in the membership thereof, shall of member
be published in the Gazette. ship.
1O.-{1) The seal of the Commission shall be authenticated Seal and

by the signatures of the Chairman or any member of the execution of
documents.
Commission authorized to act in that behalf and the Secretary of
the Commission.
(2) All documents other than those required by law to
be under seal and all decisions of the Commission may be
signified under the hand of the Chairman or any member autho
rized to act in that behalf or the Secretary of the Commission.
II.-{ I) The Commission shall meet at such times as may be Procedure
necessary or expedient for the transaction of business, and such and meetings.
meetings shall be held at such places and times and on such
days as the Commission shall determine.
(2) The Chairman may at any time call a special meeting
of the Commission, and shall call a special meeting to be held
within seven days of a written request for that purpose ad
dressed to him by any two members of the Commission.
(3) The Chairman or the person appointed in accor
dance with paragraph 2(2) shall preside at the meetings of the
Commission and when so presiding the Chairman or the person
appointed, as the case may be, shall have an original and a
casting vote in' any case in which the voting is equal.
(4) The quorum of the Commission shall be fifty per
cent of the number of members rounded down to the nearest
whole number.
(5) Subject to the provisions of this Schedule, the
Commission may regulate its own proceedings.
30 [No. The Registration (Strata Titles) (Amendment) Act, 2009
(6) The validity of any proceeding of the Commission

shall not be affected by any vacancy amongst the members
thereof or by any defect in the appointment of a member thereof.
Delegation. 12.-{1) The Commission may, either generally or as otherwise
specified in the instrument of delegation, delegate to any of its
officers so specified, any of its functions under this Act or any
relevant Act, other than the power of delegation.
(2) A delegation under sub-paragraph (1) shall be revo
cable by the Commission and no delegation shall prevent the
exercise of a power by the Commission.
Remunera 13. There shall be paid from the funds of the Commission
tion of to the Chairman and other members of the Commission such
members.
remuneration, if any (whether by way of honorarium, salary or
travelling or other allowances), as the Minister may determine.
Disclosure of 14.-(1) A member who is in any way directly or
interest. indirectly interested in a contract made or proposed to be made
by the Commission, or in any other matter whatsoever which
falls to be considered by the Commission, shall disclose the
nature of his interest at a meeting of the Commission and the
disclosure shall be recorded in the minutes of the meeting; and
the member shall not take part in any deliberation or decision of
the Commission with respect to the contract or to the other
matter, as the case may be.
(2) A notice given by a member at a meeting of the
Commission to the effect that he is a member of a specific
company or fmn and is to be regarded as interested in any
contract which is made after the date of the notice with the
company or fmn shall, for the purposes of sub-paragraph (]), be
a sufficient disclosure of his interest in relation to any contract
so made.
(3) A member need not attend in person at a meeting
of the Commission in order to make a disclosure which he is
required to make under this paragraph if he takes reasonable
steps to secure that the disclosure is made by notice which is
taken into consideration and read at such a meeting.
Indemnity. 15. No action, suit, prosecution or other proceedings shall
be brought or instituted personally against any member of the
Commission in respect of any act done bona fide in pursuance
or execution of or intended execution of this Act.
Part II
1.--(1) The .Commission may appoint and employ at such Appointment
renumeration and subject to such terms and conditions as it of Secretary
and other
thinks fit, a Secretary and such other officers, employees and officers,
agents as it thinks necessary for the proper carrying out of the employees
provisions of this Act, so, however, that no salary in excess of and agents.
the prescribed rate shall be assigned to any post without the
prior approval of the Minister with responsibility for the public
service.
(2) For the purposes of subsection (1), the prescribed
rate means four miIlion dollars per annum or such higher rate as
the Minister with responsibility for the public service may, from
time to time, by order, prescribe.
FOURTH SCHEDULE (Section 15A)

Constitution and Procedure of Appeals Tribunal
Constitution 1.-(1) The Tribunal shall consist of not less than three nor
of Tribunal. more than five members appointed by the Minister from the
following
(a) a person who is a Judge or Resident Magistrate who
has retired;
(b) an attorney-at-law practising at the private bar;
(c) a person appearing to the Minister to have experience
in property management matters; and
(d) two persons who are public accountants or members
of the Institute of Chartered Accountants of Jamaica.
(2) The Minister shall appoint one of the members of
the Tribunal to be the Chairman thereof.
(3) For the hearing of any appeal under this Act, the
Tribunal may consist of one member sitting alone if the parties
to the appeal agree.
Tenure of 2.-(1) The appointment of every member of the Tribunal
office. shall be evidenced by instrument in writing and shall be for a
period not exceeding three years.
(2) Every member of the Tribunal shall be eligible for
reappointment.
(3) The Minister may at any time revoke the appoint
ment of any member of the Tribunal.
Resignation. 3.-( I) Any member of the Tribunal other than the Chairman
may at any time resign his office by instrument in writing
addressed to the Minister and transmitted through the Chairman,
and from the date of the receipt by the Minister of such
instrument, such member shall cease to be a member of the
Tribunal.
(2) The Chairman may at any time resign his office by
instrument in writing addressed to the Minister and such resig
nation shall take effect as from the date of receipt of such
instrument by the Minister.
Publication 4. The names of the members of the Tribunal as first
of member constituted and every change in membership thereof, shall be
ship.
published in the Gazette.
5. All documents made by, and all decisions of, the Tribunal may be Authentica
signified under the hand of the Chairman or any member of the Tribunal tion of
authorized to act in that behalf. documents.
6.-(1) The Tribunal shall meet at such times as may be necessary or Procedure
expedient for transaction of business or conduct of hearings and such meetings regarding
shall be held at such places and times and on such days as the Tribunal may meetings.
determine.
(2) The Chairman or any other person appointed to act temporarily
as Chairman shall preside at meetings of the Tribunal.
(3) Subject to paragraph 1(3), a decision of the Tribunal shall be by
a majority of votes of the members and in any case in which the voting is
equal the Chairman shall have a casting vote in addition to his original vote.
(4) The Tribunal shall have power to regulate its own proceedings.
(5) Proper records of all proceedings of the Tribunal shall be kept.
7. There shall be paid from the funds of the Commission to the Chairman Remunera
and other members of the Tribunal such remuneration (whether by way of tion of
honorarium, salary or fees) and such allowances as the Minister may determine. members.
8. No action, suit, prosecution or other proceedings shall be brought or Protection of
instituted personally against any member of the Tribunal in respect of an act members.
done bona fide in pursuance of or execution or intended execution of the
provisions of this Act.
9. Any member ofthe Tribunal who has any interest, directly or indirectly, Disclosure of
in any matter brought before the Tribunal shall- interest.
(a) disclose the nature of the interest to the Tribunal; and

(b) not take part in any deliberation or decision of the Tribunal with
respect to that matter.
10. The office of Chairman or member shall not be a public office for the Office of
purposes of Chapter V of the Constitution of Jamaica.". member not a
public office.
Passed in the House ofRepresentatives this 27th day of October, 2009 with
twenty-seven (27) amendments.
DELROY H. CHUCK,
Speaker.
Passed in the Senate this 4th day of December, 2009 with twenty-nine (29)
amendments.
OSWALD G HARDING, OJ, CD, QC,
President.
On the 1~th day ofDecember, 2009 the House ofRepresentatives agreed to the
amendments made by the Senate.
DELROY H. CHUCK,
Speaker.
This printed impression has been carefolly

compared by me with the Act which has passed
the House o/Representatives andSenate, and
has been/ound by me to be a true and correct
printed copy 0/ the said Act.
Clerk to the Houses o/Parliament.

THE REGISTRATION STRATA TITLES ACT
The Registration (Strata Titles) (Amendment)

Regulations, 2010
In exercise of the powers conferred upon the Minister by section 16 of the
Registration (Strata Titles) Act, the following Regulations are hereby made:
1. These Regulations may be cited as the Registration (Strata Titles) (Amendment)
Regu lations, 20 I 0, and shall be read and construed as one with the Registration (Strata
Titles) Regulations, 1969 (hereinafter called the principal Regulations) and all
amendments thereto.
2. The principal Regulations are amended by deleting from regulations
(4) (1)(b)(i), 5(a), II, 13,20 and 22 the word "Schedule" wherever it appears and
substituting therefor in each case the words "First Schedule".
3. The principal Regulations are amended by inserting next after regulation ii the
following as regulations 1 ] A, 11 B, 11 C and 11 D
" ] 1A. - (1) An app! ication to the Commission, by a corporation for
first registration pursuant to section 4(4) of the Act, shall be in the form
Form 7. or to the effect ofFonn 7, and shall be accompanied by the appropriate
Part B. specified fee in paragraph (I) of Part B of the Second Schedule.
(2) An app! ication for waiver or reduction of the prescri bed
fees pursuant to section 4A of the Act, shall be in the form or lo the
Form 14. effect of Form 14.
(3) Upon registration pursuant to section 4 of the Act, the
Commission shall issue to the corporation a certificate indicating the
date of registration of the corporation and the effective period of such
registration .
2
(4) Subject to regulation lIB, a certificate of registration
shall expire on March 31, of the year next following its issuance and
shall be renewable upon expiration, however, a corporation shall not be
deemed to be delinquent until thirty days after the expiration of the
certificate .
11 B . The corporation shall in each year on or before April 1, make an
appl ication for renewal of registration in the form or to the effect of
Form 8. Form 8, and shall submit as part of that application
(a) the annual registration fee pursuant to subsection (5) of section
Part B. 4 of the Act, as specified in Part B of the Second Schedule and
which becomes due and payable on April I, of each year;
(b) annual returns pursuant to subsection (7) of section 4 of the
Act, accompanied by the annual fee as prescribed in the Second
Schedule;
(c) the income and expendi ture statement in the form or to the
Forms effect of Forms 13A, 13B and 13C, respectively;

13A, 13B
and BC
(d) the names and addresses of the members of the current
executive committee; and
(e) any other information that the Commission may from time to
time direct.
lIe. - (l) The corporation shall make an application for a certificate
authorizing the exercise of a power of sale pursuant to section 5C of the
Form 9. Act, in the form or to the effect of Form 9, and submit the fee specified
Part B.
in Part B of the Second Schedule to the Commission for the certificate.
(2) The Commission upon being satisfied that a corporation
has
3
(a) followed the procedure prescribed to obtain payments under
section 5C;
(b) notified the proprietor as provided in section 5C; and
(c) followed any additional directives by the Commission, if any,
Form 12. shall issue a certificate in the form or to the effect of Form 12.
lID. Prior to any sale of a strata lot in a strata plan, the developer of
the land comprised in the strata plan shall advise each prospective
purchaser in writing of the
(a) facilities in the common property of the strata plan;
(b) proposed unit entitlement of each strata lot;
(c) proposed by-laws; and
(d) estimated contribution pursuant to section 5(2) of the Act
applicable to the strata lot, the specific items to be covered by
the contribution and any other payments that may be
applicable." .
4. The principal Regulations are amended by inserting next after Regulation 12 the
following as regulation 12A
"12A. Where a proprietor is ordered by the Commission pursuant to section 3B
of the Act, to
(a) demolish any unauthorized extension to the external wall of a strata lot,
the proprietor is allowed sixty days for carrying out the demolition,
removal of debris and restoration of the strata unit to its original state;
(b) remove any vehicle or other thing, the presence of which is in
contravention of the by-laws, the proprietor is allowed seven days to
remove the vehicle or thing;
(c) remove any animal from a strata lot, the keeping of which is in
4
contravention of the by-laws, the proprietor is allowed seven days to
remove the animaL".
5. The principal Regulations are amended by inserting next after regulation 25 the
following as regulations 25A and 25B
" 25A. A notice of appeal to the Tribunal pursuant to section 15A of
Form 11. the Act shall be in the form or to the effect of Form 11, and shall be
Part B. accompanied by the specified fee in Part B of the Second Schedule.
25B . An application made to the Commission for the facilitation of
dispute resolution which will result in the making of orders under
section 3B (1), shall be-
Form 10. (a) in the form or to the effect of Form 10; and
(b) accompanied by the fee prescribed in Part B of the Second
Schedule." .
6. The principal Regulations are amended by deleting regulation 26 and substitu
ting therefor the following as regulations 26 and 2 7
" 26. The fees which shall be paid to the Registrar of Titles shall be in
Part A. accordance with Part A of the Second Schedule.
27. The prescription of fees in these Regulations shall not limit any
power of the Commission to charge such fees as it considers reasonable
for the recovery of costs for the use of its facilities and services. ".
7. The principal Regulations are amended by
(a) renaming the Schedule as the First Schedule, by deleting the heading
"Schedule" and substituting therefor the heading "First Schedule";
(b) inserting immediately after Form 6 the following as Forms 7,8,9, 10,11,12,
13A, 13B, 13C and 14

5
" (Regulation 1 I A(3))
FORM 7
COMMISSION OF STRATA CORPORATIONS
APPLICATION TO REGISTER A STRATA CORPORATION

Pursuant to Section 4 of the Registration (Strata Titles) Act
The Proprietors Strata Plan No . _ __ _ _ hereby apply pursuant to Section 4 (4) orthe Registration (Strata
Titles) Act to become reg istered with the Commission and advi se as follow s:
a) The nam es, address and titles or lhe members orlhe Executive Committee are:
b) The add ress for serv ice or the Corporation is _ _ _ __
c) Telephone No (s) .: _ _ _ __ __ _ _.
d) Fax No (s) . _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ __ _ _ __
e) Email ad dress: _ __ _ __ _ _ __ _ __ _ _ _ _ __ _ _ _ __ __ _ __ _ _ _ _ __ __
t) The name and address of Compl ex:
g) The Co rporati on consists of _ _ _ _ __ strata lots.
Va luation Number _ _ _ __ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __
The Application Fee or $._ _ _ _ __ _ __ is enclosed .
Please acknow ledge receip t.
..... ........... .......... ....... .... .. .... ......... .

Executive Committee Seal Date
Proprietors, Strata Plan No.
Member, Executive Committee

Proprietors Strata Plan No.
N.B. Any two (2) Executive Committee members to sign and affix Seal of Strata Corporation
FOR OFFICIAL USE ONLY
Fee Paid Receipt No.: p _ate of En oy in Re gis ter:

Date of Ap plication :
Regi stration No .
$ ... . .. ... .... .. ..... ..
b
(Regulation 118)
FORM 8
APPLICATION FOR ANNUAL REGISTRATION
Pursuant to Section 4(7) of the Registration (Strata Titles) Act
Str,w) f)I,l/1 Fl ' _ _ __ Valuation tI
N<Jllle & address of StraW Comp!t::x: ___._ _ __ __ __ __ __ __ _ __ __ _ __ __ _ __ _~__ __
Date of Annual General Meeting:
This form must be completed and retumed to the Commission within 120 days after the end of each Financial Year March 3 lSI
<Jlong with:
· An Auditor's Repor1
OR
A copy of the accounts prepared in accordance with generally accept ed accounting principles, and signed by the Chairman an d
an executive cOlllminee member (Thi s includes completed Form I3A);
· A report of tile corporation's ac tivities during the period , including meetings held by the corporation;
Tile names , titles <Jnd address of current members of the Executive Co mminee ;
Passing of resolution adopting the budget and a copy of the Budget;
Decisions relating to Insurance of the complex .
· A copy of the current cer1ificate of insurance (if any) ;
· P rescri bed fee. - - - -- - - ---- -- - -- --- -- -- -- - -- - ----- --- ----- - --
Sigll~d :
Memuer, £xecutivr Committee Proprietors,

Memuer Executive Committee, Proprietors,
Strata Plan No. Strata Plan No.
Date: _ _ _ _ _ _ _ _ _ __
N. B. Seal to be affixed ilnd allY two (2) members o'-the Executive Committee may sign.
Date 0" Ap plicatioll . Fee Paid Receipt No .: Date of Emry in Regi ster:
$ .. . . ...
Regisyalion....t:'i.Qc.:
7
(Regulation) I C)
FORM 9
APPLICATION FOR CERTIFICATE FOR THE EXERCISE OF A POWER OF SALE

Pursuant to Section 5(C) of the Registration (Strata Titles) Act
The Proprietors of Strata Plan Number ______________ ____ here-by applies ror ,\ Certiticate pursuant to Section 5(c)
of the Act pursuant to a proposed exercise of Powcrs of Sale arising as a result of default in payment of contribution in
respect of strata lot numbered

----------------- registered at Volume ---------------- : folio ---- - --
representing contributions due for the period ______
We solemnly declare that we have complied with the requirements of the Registration (Strata Titles) I\ct as
follows (Tick below :)
For a period exceeding 30 days, the proprietor has failed to pay all or any pilrt of his
contribution;
D
The proprietor has been given written notice of the amount owing. the period for
which it is owed . the amount of interest payable and notified and advised in
writing to pay the outstanding amount and interest within 30 days of service of the
notice : D
The proprietor was also advised in writing that if the contribution and interest were
not paid within 30 days, or suitable arrangements made to pay the contributions. the
corporation may sell the strata lot by public auction or private treaty as provided by
Section 5(c) of the Registration (Strata Titles) Act and ifhe is aggrieved by the
amount, he can lodge an appeal with the Tribunill provided that 50% or other
amount agreed with the Corporation is paid on account. D
A copy of the notice and postal receipt/affidavit of service attached
D
N.R.: All documentary evidence in support must be attached.
Please si g n and date below .
Chairman - Executive Committee Member - Executive CommiUee
Proprietors Strata Plan # Proprietors Strata Plan #
Date
FOR OFFICIAL USE, ONLY
I:ce ["lid : ________________~~_ Dnle Re c eived · ._ . _______ _
I)nl c ,ch cduled f'ol consideratIOn : ___________
De c isi o n T Clkcn ____________________________ _________.___________________________
(Regulation 258)
FORM 10
APPLICATION FOR DISPUTE RESOLUTION & ORDER
Pursuant to Section 3B (c) of the Registration (Strata Titles) Act
NJIIlC urCo1llpIJin<lnt: _ _ _ _ __ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __
Ad(.li'ess ur Cumplainant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __
Teicplwne No (s)
I:,\x No.
Ie-mail· _ __ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __
Siraid 1)lan No. & Address: _ _ __ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ __
C01llplainant (Tick where appropriale)
[J I'ruprielllr (Slral,1 LOI owner) Simla LOI II
D Corporal ion Slrllill Plllnll. _ _ _ _ __
Olher
D
Grounds lur Complainl· (Give delails in ,\ concise manner along wilh all supporting documents)
(Alldch additl()[IJI sheets if necessary)
Please submit prescribed fel.' along with this form.

Altach additional sheets if necessary.
Pleasc sign Jnd dale below.
Complainant
Date of Submission to Commission
I:ee I'aid
Dale Reeei ved
Dalc schedult:d ror cunsidnalion:

9
(Regulation 25A)
FORM 11
NOTICE OF APPEAL TO THE STRATA APPEALS TRIBUNAL
Pursuant to Section lSA(2)(b) of the Registration (Strata Titles) Act
Name of Appellant: _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ _ ____ __ __ _ _
Address of Appellant: _ _ _ _ _ __ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Telephone No (5): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ __
Fax No .: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __
E-mail :
Strata Plan No . & Address: _ _ _ _ __ _ _ __ _ __ _ _ __ _ _ _ _ _ __ __ __ _ _ _ __ __
Appellant: (Tick where appropriate)
D Proprietor (Strata Lot owner): Strata Lot #. Strata Plan# . _ _ _ _ __
D Corporation
D Other
Grounds for Appeal: (Give details in a conci se manner along with all support documents)
Please submit prescribed fee with this form.
Please s ign and date below.
Appellant Date of Submission to Tribunal/Commission
Fee paid:_ _ _ _ _ _ _ __ Date received : _ _ _ _ _ _ __
Date of hearing :_ __ _ _ _ __ _
Deci s ion _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ____ __
10
(Regulation IlC(c))
FORM 12
CERTIFICATE PURSlJANT TO EXERCISE OF POWER OF SALE

Pursuant to Section 5C(4) of the Registration (Strata Titles) Act
The Commission of Strata Corporations in accordance with Section 5C( 4)
01' the Regi stration (Strala Titles) Act , hereby certifies that the
Proprietors of Strata Plan Number _ __ _ _ _ _ ___ have satisfied the
Commission that the Corporation has exhausted its means of:
a) obtaining payment of amounts owing to the Corporation and '
b) noti fying the proprietor of the proposed sale of strata lot
numbered - - -- - registered at Volume - - - - - and Folio - - - - - -
at the Register Book of Titles in full compliance with the provisions
of the Section 5 of the Registration (Strata Titles) Act.
Dated th e _____ day of _ _ _____ _ _ __ 20
Chairman, Commission
Strata Corporations
SEAL
Secretary, Commission
Strata Corporations
Date
II
(Regulation IIO(c))
FORM 13A
ANNUAL RETURNS
Pursuant to Section 4 (7) (a) of the Registration (Strata Titles) Act
-----------------------------------------------------------------------.---------- ---------------~
Proprictor's Strat<l PI:ln No ....... .. ........... . . . . . . . .. .. .... ............... ... .. ................ . ..... . ........................ .. .................... .... . .... ..
Name & Address of Com~lex: ... ....... ..... ............... .... ................................................................... . .......................... "
.. .... ............. . ... ...................................... ....... ......... .. . . .......... . .......... .. .... . . .. .. . . . ....... . . . .............. .. ... ..... . ................ ..
Income & Expenditure Statcments

for year e ncling ........ ............ .
Currcnt Outstanding Comments

Ycar Amounts
Income
- Mnilltc:nallcc: Co ntribut ions

· I.e vies/ Cess
· IllIere s t on Dero si t,
- Other Incoln e
Totallnc()ml'
Ex penses
· Sc:curity
· Common Area Urkeep
U Gardc:n in g
1.1 M illo r Repairs (plumbing e tc.)
II InsuriJnce
- Property Tax
· LJ til it ie s
I ! Ucctrleit)
I J Tekrhone
I Water
Speci;!1 Project s
· I' ainting
· MaJor roor I'(;pairs
· Other
Audit & Accounting
flank Ch~lrges
Other
'1'01<11 Expenses
Net SUfI)lus/ (Oefici!}
Note :
Form UB s hould he used IU give
d e tail s of t.:ontriOutions outstandin g. <IS at year end .
Form UC sho uld be us(;d to dctail
amounts payahle (debts) as at year enu .
12
(Regulation J lD(c))
FORM 13B
P"op"ictors Strata Plan#: ....................................................... .

Name & Address of Complex:
Period: ............................. .
Outstanding Contributions
Strata Lot No. 30 days 60 days 90 days 90 days

& over
,
13
(Regu lation 1 J O( c))

FORM 13C
Pr-oprictors Strata Plan#: ..........'. ............................................ .

Namc & Address of Complex:
Outstanding Debts
Strata Lot No. 30 days 60 days 90 days 90 days

& over
Insurance
Property Tax
Electricity
Telephone
Water
Other
14
Regulation 11 A(2))
FORM 14
APPLICATION TO WAIVE OR REDUCE FEES

Pursuant to Section 4 of the Registration (Strata Titles) Act
NA ME OF 111 E A PP LI C A NT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ __
ST I ~ATA I'LAN N lJMn l c l~
ADlWL SS OF C(WPOI~A non _______________
IIIE I'R OPI~ lE'r OR'S STRAT A PLAN NO. _ _ _ HEREBY AP PLY FOI~
c ri ck where ap pro pnate)
D WAIVER
D REDUCTION
OF nlF FEES .
IHcASONS FOR TH[ Rr-:QUISr FOR WAIVER OR A REDUCTION OF FITS
- - - -- - - - -- - - -- -
PLEASE SUBMIT ANY DOCUMENTARY [VIDENCE OF MATTERS STATED IN SUPPORT OF YOUR n£QUEST.
Member. Executive Cornmillec DATE
IYkmbcr. I':.\ ec lIti vc Comrnincc
Date received: _ __ _ _ _ __ Date Scheduled for cOl1sidcr a tion ~ _ _ _ __ __
." .,
(c) inserting next after the First Schedule, as renum bered the following as the Second
Schedule
15
" SECOND SCHEDULE (Regulations 11A, llB,

11 C, 25A, 25B and 26)
PART A
Fees to be paid to the Registrar of Titles
on lodgment of a strata plan for registration $500.00

and in addition for each strata lot shown thereon $ 20.00
for every certificate of title the fee for the
time being set out
in the Eighteenth
Schedule to
Registration of
Titles Act for
every certificate
of title.
on lodgment of a notification of destruction of

a building $300.00
on lodgment of a notification of any amendment

or variation of any by-law $100.00
on lodgment of an office copy of an order of court

appointing an administrator $ 50.00
on lodgment of an application for amendment of

a registered strata plan $100.00
PARTB
Fees to be paid to the Commission
1. Number of Strata Lots comprised in Annual Registration Fee

the Corporation
2 5 $ 1,000.00
6 - 10 $ 3,000.00
11 15 $ 5,000.00
16 - 20 $ 8,000.00
21 - 25 $ 10,000.00
26 - 30 $ 13,000.00
31 35 $ 15,000.00
16
36 - 40 $ 18,000 .00
41 - 45 $ 20,000.00
46 - 50 $ 23,000.00
51 - 60 $ 25,000 .00
61 70 $ 30,000.00
71 80 $ 35,000.00
81 - 90 $ 40,000 .00
9] - ]00 $ 45,000 .00
101 - 120 $ 50,000.00
121 - 140 $ 60 ,000.00
141 - 160 $ 70,000 .00
161 - 180 $ 80,000 .00
I 81 - 200 $ 90,000.00
201 - 250 $100,000.00
Over 250 $125,000.00

2. Annual registration fee of 0.4% of the unimproved value of the land,
however, where this formula results in the fee attributable to a strata lot
based on its unit entitlement amounting to more than twelve thousand
dollars per annum, the percentage paid shall be reduced to 0.3% of the
unimproved value of the land or such lower percentage so that the
maximum fee attributable to a strata lot does not exceed $12,000 per
annum.
3. On lodging an appeal with the Tribunal $ 5,000.00
4. On til ing of annual returns $ 1,000.00
5. On making an application for certificate

for exercising of power of sale $ 5,000 .00
6. On making an application for the

resolution of dispute and a resulting
order $ 4,000.00
"
Dated this \011\ day of ,2010 .
Prime Minister

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REGISTRA TION (STRAT A TITLES) I

THE REGISTRATION (STRATA TITLES) ACT

incl& of Chb page M authorid by LN. 4111987)

[22nd August, 1969.1

1. This Act may be cited as the Registration (Strata shorttitle.

“parcel” means land subdivided in accordance with a

the power of voting conferred by or under this Act

Subdivi- 3.-(1) Land under the operation of the Registration of

registration thereof may be done in relation thereto, before

plan inserted in the blank space).

to establish a fund for administrative expenses

petent public or local authority in respect of that

relevant strata plan relates a receptacle suitable for pur-

(i) have endorsed upon it the address at which docu-

8.-(1) In respect of every strata lot there shall be B q a h

means of any pipes, wires, cables or ducts

9.-(1) Subject to the provisions of this Act the control, Bylaws.

on the part of the corporation with each proprietor and on

Owner- 10.41) The common property shall be held by the pro-

Disposition 11.-(1) The proprietors may by unanimous resolution

direct the corporation- $eZid

restrictive covenant burdening the parcel;

(3) Every such transfer or covenant lodged for regis-

cate under the seal of the corporation that the resolution

Administra- 13.-( 1) The corporation or any person having an interest

(b) the Registrar of Titles shall, upon receipt of such

effected insurance on the building or on any part thereof

Voting 1 5 . 4 1) Any powers of voting conferred by or under this

ment make such order as it thinks necessary or expedient

16. The Minister may. make regulations generally for peg"-

this Act, and in particular, but without prejudice to the

of subsection (1) of section 14, the corporation and every

FWSTSCHEDULE (Sections 2 and 9)

mortgagee, the policy or policies of insurance effected by

(b) borrow moneys required by it in the performance of its duties

9. All business shall be deemed special that is transacted at an annual

20. Subject to fhe provisions of these bylaws the executive com-

28. On a show of hands or on a poll votes may be given either

AN ACT to Amend the Registration (Strata Titles) Act.

[ao tth ~~ ~!Jt!tf]

Amendment 2. Section 2 of the principal Act is amended by inserting the

Register of Strata Corporations";

(d) consider complaints from proprietors that

(v) that the manner ofmaking any

(c) recover the expenses incurred by the

the policy to be followed by the Commission in the

year, a statement of its accounts referred to in

(7) The corporation shall file with the Commission within

amount as the Minister may, by order,

corporation as a debt by action in a Court of

(d) by inserting next after subsection (5) the following as

within the period specified under

corporation use the amount to offset the

(ii) the number of rooms;

at the address for the mortgagee appearing in the

(2) The corporation shall forthwith upon the

ofsale, shall not be concerned or required to make

contributions to the corporation until the

(b) renumbering subsection (7) as subsection (8) and inserting

Amendment 11. Section 15 of the principal Act is amended by renumbering

(b) dismiss the appeal and confinn the

22 [No. ] The Registration (Strata Titles) (Amendment) Act, 2009

(b) the proprietor of a strata lot who has first

(g), (h) and (i)-

"8A. In respect of all general meetings--

(b) service of the notice of the meeting shall

following as regulations 1 ] A, 11 B, 11 C and 11 D

Form 8. Form 8, and shall submit as part of that application

purchaser in writing of the

following as regulation 12A