the Unit Titles Regulations of 2009

8/11/2019 the Unit Titles Regulations of 2009

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Unit TItles

COVERNMENT N OTICE N o 3 57 published o 23 1 Ofl 9

THE UNIT TITLES ACTCAP. 416)

REGUL TIONS

THE UN IT TITLES REGULATIONS 2009

ntl Regulations

1 Citat tion.2. Interpretation.3. Registration o f a unit.4. Application for registration of a unit plan.5. Application for registration of a unit.6. Issuance o f a certificate of a unit.7. Application for registration ofsubdivision and amalgamation.

8. Change o f use o f a unit.9. A unit plan to conform to certain requirements.10. Certificates Associations a unit plan.1 . A unit to be operated by an Association.12. Qualification ofa Managing Agent.13. Registration o f an Association.14. Association to have a Constitution.IS. A developer.16. Powers of the Registrar.

17. Termination of he unit status.18. Use of other forms.19. Quality o f paper.20. Fees21. Offences and penalties.

SCHEDULE

19. Quality o f paper.20. Fees21. Offences and penalties.

SCHEDULE


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Unit TItles

GN. No 357 can/d .)

THE UNIT TITLES ACTCAP. 416)

REGUL TIONS

Made under section 83)

THE UNIT TITLES REGULATIONS. 2009

1. These Regulations may be cited as the Unit Titles Regulations, Citation2009 and shall come into operation on a date to e published in theGazette

2 . In these Regulations unless the context otherwise requires:Act means the Unit Titles Act. 2008: 1Certificate of Unit Title means a certificate issued under Regulation 6;Managing Agent means a person referred to under section 49 of the

Act;Register of units means a register kept under Regulation 3( ~Registrar means Registrar appointed under section 4 of the Land

Registration Act;Unit plan means a plan referred to under section 5(2) of the Act;

3.-( ]) The Registrar shall keep and maintain a register of un its andrecord all particulars of units therein.

(2) The keeping and maintenance of the register under sub-Regulation (1) shan be as provided for in section 8 of the Act.

(3) The register of units and other matters relating thereto, shall beas set out in the forms in the First Schedule to these Regulations .

(4) A unit title registered under the Act and these Regulations shallbe assigned a number by the Registrar; and for the purposes ofreference in the register. the unit may be identified by such number as

shown in the Second Schedule to these Regulations.(3) The register of units and other matters relating thereto, shall be

as set out in the forms in the First Schedule to these Regulations.

(4) A unit title registered under the Act and these Regulations shallbe assigned a number by the Registrar; and for the purposes ofreference in the register. the unit may be identified by such number as

Interpre- ation

Cap . 334

Registration ofunit


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Unit TItlesGN No. JJ1 c o n l d ~ )

Applicalion forregistration ofaunit plan

AppUtadon forr C8iSlla

lion ofaunit

lsuuanceoracertificate0 . unit

4.- 1) Any person who intends to register a unit plan shall make an

application to the Registrar for that purpose, in the form set out in theThird Schedule to these Regulations.

2) A unit presented to the Registrar for purposes of registration as aunit plan, a unit plan of a subdivision or amalgamation or any other typeof plans intended to be registered shall be: .

8) drawn in ink, material, size and be in nature;

b) prepared in sheets bearing such words and formats;

c) consisting of any other infonnation or signs,as may be directed by the Registrar and any other relevant authority.

3) The Register may impose any condition to be complied with byevery applicant under these Regulations.

s.- I) Any person who intends to register a unit shall make an appl ication to the Registrar for that purpose.

2) The Registrar may impose any conditions to be complied with bye lery applicant under this Regulation;

3) The application .under sub-Regulation I) shall be made in theronn set out in the Fourth Schedule to these Regulations.

6.- 1 Where the Registrar is satisfied that an applicant has fulfilledall requirements provided for under the Act and these Regulations. heshall, after the payment of a prescribed fee register the un it plan or un it.

2) The Registrar shall, after the registration of a unit plan or a unit,issue a cenificate of unit title to that effect, which shall be as set out inthe Fifth Schedule to these Regulations.

3) Where the Registrar refuses to register a unit plan or a unit. heshall, in writing, inform the applicant of such refusal and reasonsthereof.

4) Where an applicant under sub-Regulation 3) has made correc' ~ O . : " 1 i~ t n l l t \ . . ~ r e " u l " " 1 W a w ' t r n t " ' tl u d t ~ r e ~~ h 1 t : n~ ' l ' d l l - ~ a : : ' s e L ' l I u t : n

the Fifth Schedule to these Regulations.

3) Where the Registrar refuses to register a unit plan or a unit. heshall, in writing, inform the applicant of such refusal and reasonsthereof.

4) Where an applicant under sub-Regulation 3) has made correction or fulfilled any requirement as directed by the ReRistrar the ReRis-


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nit ntles

N No 357 corrtd.)I

7.-{ I) Any person who intends to subdivide or amalgamate his unit Applica

or units shall make an application to the Registrar for that purpose in the l i o ~forfonn set out in the Sixth Schedule to these Regulations. ~ f ~ s ~ ~

subdivi-

(2) The application made under sub-Regulation (1) shall be attached sion andwith the consent certificate from the local government authority, in a ~ g a m -

form shown in the Seventh Schedule to these Regulations.

(3) Subject to sub-Regulation (2), the Registrar may register the application and where the Registrar refuses to register the application . he

shall inform the applicant of such refusal and reasons thereof.

(4) Where an applicant under sub-Regulation (3) has made correction or fulfilled any requirement as directed by the Registrar, the Registrar shall register the applicant for sub-division or amalgam. 1ion.

(5) The Registrar shall, before registering an application for subdivision or amalgamation of a unit or a unit plan. cause to be:

(a) endorsed on the original registered unit l n ~a notification ofthe sub-division or amalgamation: and

(b) indicated on the unit plan in the original register, a unit planillustrating the unit or units being subdivided or amalgamated,

thereafter. he shall, after the payments of prescribed fee, register theunit or unit plan.

8.-{ 1) Any owner of a unit may, in accordance with the provis ions of Changeo f u e o fsection 13 of the Act apply to the Registrar for change of the use of his a unit

unit in the form set out in the Eighth Schedule to these Regulations.

(2) The application made under sub - Regulation (1) small be attached with the certificate of consent of change of use from Associationand Certificate of Consent of change of use from local government authority as shown in the form set out in the Ninenth Schedule to theseRegu lations.

(3) Where the Registrar is satisfied that the requirements of section1 ' 1 ' . . . . . "" A , . . . _ ......... ' n ' D , ~. . I . . . . , _ ~ I - ~ I - ~... _ t ~ I I _ . . l L 1 -_11 _ L _

(2) The application made under sub - Regulation (1) small be at-tached with the certificate of consent of change of use from Associat ionand Certificate of Consent of change of use from local government authority as shown in the form set out in the Ninenth Schedule to theseRegu lations.

(3) Where the Registrar is satisfied that the requirements of section


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Unil T lles

GN. No 357 comd.)

Aunitplan 1conformto certainrequirements

Application to beaccompanied bycertificate

Application to beaccompanied bycertificate

9.-{ I) Every unit plan shall conform to certain requirements as the

Registrar or any other relevant authority may require.

. 2) Without prejudice to the generality of sub-Regulation l ) , a unitplan shall:

(a) in its heading. be described as a unit plan;

b) in the plan, be indicated, a delineation of the external surfaceboundaries of the common property and the location of thebuilding in relation to them;

(c) include a drawing illustrating the units and distinguishing theun its by numbers or other symbols;

d) indicate the boundaries of each unit clearly defined in the l a n ~

(e) indicate the approximate floor area of each unit as shown inthe plan:

f) be accompanied by a schedule specifying in whole numbersthe unit factor for each unit in the common property;

g) be accompanied by a statement containing such particularsas are necessary to identify the title to the common r o p e r t y ~

h) be accompanied by certificates under section 5 of the c t ~

i) be signed by the proprietor or e v e l o p e r ~

U contain the address at which documents are to be served onthe relevant Association in accordance with the Act; and

k) any other relevant requirements provided for in the Act andthese Regu lations.

Jo .-{ 1) Every application for a registration of a unit plan shall beaccompanied by: .

(a) a certificate of a registered Land Surveyor;b) a cert ificate from a local government authority; and

(c) a certificate of a registered Architect.

Jo .-{ 1) Every application for a registration of a unit plan shall beaccompanied by: .

(a) a certificate of a registered Land Surveyor;b) a certificate from a local government authority; and

(c) a certificate of a registered Architect.

(2) Th certificates referred to under b ReQu lation 1) sha h


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Unit TItles

GN. No 57 contd.)

11.- 1) Every unit title shall be operated and managed by an Associa- A unit to

tion as provided for in the Act. be

(2) Every Association shall appoint a manager to be known as aManaging Agent who shall:

(a) manage the unit p r o p e r t y ~

b) manage the movable and immovable properties of the Assoc i a t i o n ~and

(c) manage the common properties of the Association.

3) Subject to provisions of sub-Regulation 2), the management shallbe done through an agreement in the form as shown in the EleventhSchedule to these Regulations.

12.-{ 1) The Managing Agent referred to in regu lation 11 shall be anyof he following:

(a) any person with property and facilities management qualifications from an approved Institution

b) any other category of persons with recognized professionalqualif ications as the Minister may prescribe.

operatedby anA s s o c i a ~

tion

Qualifications ofaManagingAgent

13.-{ 1) The Regist rar shall keep and maintain a register of Associa- Registra-tions and record all their particulars therein. tion o n

Associa-

2) Every Association shal1 make an application for registration to theRegistrar for that purpose.

(3) The Registrar may, upon being satisfied that, the Association hasfulfilled all requirements provided for under the Act and these Regulations and upon the payment of prescribed fees shall register the Association.

(4) Where the Reg istrar refuses to register the Association he shall,in writing, inform the applicant the reasons for the refusal.

(5) Where an applicant under sub-Regulation (3) has made correct i n r . o e ; & l J f r \ l e q l f i i ' ~ J r . w ~ ' p { a v l u ~ t y ' ? a r t ? J ' U e l

..l r ~ n , ' l ' M ~ ~ R e . r u c o k . . : J 6 t . ~

tions and upon the payment of prescribed fees sha 1I register the Association.

(4) Where the Registrar refuses to register the Association he shall,in writing, inform the applicant the reasons for the refusal.

(5) Where an applicant under sub-Regulation (3) has made correc-

tion


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nit nIles

GN No 357 cOn/d.)

Associa.

tion tohave aCQnstitulion

6) The Registrar may impose any conditions to be complied with by

every application under this Regulation. .

: (7) t h e application under sub-Regulation 2) shall be made in the fonnset out in the Twelventh Schedule to these Regulations.

8) Upon registration of an Association under this Regulation, theRegistrar shall issue a certificate of registration in the form set out in theThirteenth Schedule to h e s ~ R e g u l a t i o n s

9) The Registrar may, upon satisfying himself that an Associationhas contravened any of the provisions of the Act, By-laws or these Regul a t i o n ~or has. in one way or another, lost the capacity to be an Association. cancel the certificate of registration.

10) Subject to the provisions of section 50 of the Act the AssociationBy-laws shall be in the model set out in the Fourteenth Schedule to theseReglJlations.

14.- 1) There shall be prepared a Constitution for every Associationestablished under the Act and these Regulations.

2) The Constitution referred to under sub-Regulation 1) shall be ina model set out in the Fifteenth Schedule to these Regulations.

3) The fonns to be used for matters relating to Associations shall beas set out in the Sixteenth Schedule to these Regulations.

A . . 15.- 1 A developer shall not sell a unit or proposed unitunless he hasdeveloper delivered to the pUrchaSer a copy of -

04: .

a) the sale agreement which shall contain the mat ters set out inthe Seventeenth Schedule to these Regu lations;

b) the existing or proposed By-laws:c) the existing or proposed management agreement:d) the existing or proposed recreational agreement;e) the lease of the common property, if the common property on

which the unit is located is held under a lease;- - - - _ . - ---- r . ~ - - - - l ' --

a) the sale agreement which shall contain the mat ters set out inthe Seventeenth Schedule to these Regulations;

b) the existing or proposed By-laws :c) the existing or proposed management agreement:d) the existing or proposed recreational agreement;e) the lease of the common property, if the common property on

which the unit is located is held under a lease;-


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GN. No J j1 contd.)

the un it: and

(g) the Unit plan.

(2) A developer shall deliver to the purchaser in respect of a chargeor proposed charge, a written notice indicating-

(b) the maximum principal amount under the charge;(c) the maximum monthly y m e n ~ifany,(d) the amortisation period;(e) the grace period. i fany:(f) the pre-payment tenns, if any; and

(g) the interest rate or the fonnula. if any. for determining theinterest rate.

(3) Subject to subsection (4), a purchaser of a unit from a developermay, without incurring any liability for doing so. rescind the sale agreement within ten days after the date of its execution.

(4) A purchaser may not rescind the sale agreement under u ~

tion (3), ifall documents required to be delivered to the purchaser under

subsection (1) have been dully delivered to him not less than ten daysbefore the execution of the sale agreement by the parties to it.

(5) Where a sale agreement is rescinded under subsection (3), thedeveloper shall. within ten days from receipt of written notice of therescission. return to the purchaser all the money paid in respect of thepurchase of the unit.

16. The Registrar shall. in relation to the lftlit titles and Associations

referred to under Regulation 14. have the following powers: .(a) to register and de-register unit plans and units;(b) to issue unit titles and other associated documcJlts;(c) to register and de-register Associations;(d) change fonns under these Regulations; and(e) do anything under his powers in relation to functions and pow-

ers prescribed under these Regulations.

Powcrofhe

RClistrar

17.-{ l )A unit status ofa building or common property may be tenni- Tenni . . .f tGtAd i QI ' I ' .dQft l 'A , . , :+ i . +i. . . . . . . ' ; ~ ; ... f ' ' I ' + i... ~ ~ f ' 1. ... A '+ lion of

(b) to issue unit titles and other associated documcJlts;(c) to register and de-register Associations;(d) change fonns under these Regulations; and(e) do anything under his powers in relation to functions and pow-

ers prescribed under these Regulations.

17.-{ l )A unit status ofa building or common property may be tenni- Tenni . . .d i d i h h D i i f i f h A ~


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Unit ntl s

GN No 57 conld.)

Use ofotherfonns

Qualityof paper

Fees

2) Where the Registrar terminates a status of a unit or common

property under sub-regulation I) he shall, by an application made by theowners, issue a certificate in accordance with section S of the Act.

3) Upon termination ofa unit status, an Association may executivetransfer of common property of any part of the common property in

~ c o r d n c ewith Section 76 of the Act.

4) Where Association resolves to transfer common property.on termination of un it status, it shall prepare and issue a Certificate of Grant of

common property in a form shown in the Eighteenth Schedule.

5) The.{ermination ofa unit status and transfer of common propertyunder sub-regulations I) to 4) shaH be made in the prescribed form setout in the Nineteenth Schedule to these Regulations.

18.-{1) No person shall, unless with the permission of he Registrar,use a form or forms other than those set out in the Schedules to theseRegulations. The Registrar may alter or modify any of the prescribed

form as circumstances may require.

2) Where a form has not specified for any matter in these Regulations, the relevant form in the Land Registration Act and Land Regulations, 2001 shall be used for that matter.

19 All forms intended for registration entry, or filing in the register,shall be on paper of durable quality.

20. The Registrar may, in relation to the Act and these Regulations,impose fees set out in the Twentieth Schedule to these Regulations.

Offences 21. Any person who contravenes any of he provisions of hese Regu- ndpenalties lations comm its an offence and shall be liable to penalties provided for

under the Act.

impose fees set out in the Twentieth Schedule to these Regulations.

Offences 21. Any person who contravenes any of he provisions of hese Regu- ndpenalties lations comm its an offence and shall be liable to penalties provided for

under the Act.


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FIRST SCHEDULE

Mode unde, Regula/ion 3(3))

UTfNo.1REGISTER OF UNIT

No. of Units . . . . . . . . . .UNIT PLAN No .. ... . ......

Part A - Property SectiODditlogDate Opened Particulars of unit propertyTItle NumberPlot Number Block Number Location OwnerlDeveloper . . . . . . .. ... . . ........ . . . ' .. . . . . . .Apprq,riale areas in square metres

Postal Iddrcs.s . . . . . . .. . . . .................... . . . . . . . . . . . . . . . . . ........Rqil t ly index map shccc

Rcnt . . . . . . . . . . . . . . . . . Tcnn . . . . . . . . . . . . . . . From . . . . . . . .

The estale of uJ registen:d owner/developu is subject to die c:ovllftllDts andconditions contained in the c ertificale of

Part B - Proprietonhl Section Part E - EacumbraDce Sectionro Date of Name of he Address Considentionl Signature of Dale of Nature of Further Signallft ofNo. ~ o registered owner of he Declared value the roNo regist. alion Encumbra- particu- the registrw'

registered Registrar nee Ianowner

1 .

- -- - .-


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. _

Par t C Cbaage of members of committee aDd dla.ge Part D b a n ~ eof By ... ~or maoa2iol alentSerial FDNo. Date o f Initials o f he erial FD Date Signature

No. registration reglstrar No No. of ofregist. registrarration


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Unit itles

GN. No. 57 contd.)

UTF No 2

SECOND SCHEDULE

Made under Regulation 3 4))

NUMBERrNG OF THE UNIT PLAN

t. A plan presented for registration as unit plan shall be numbered in the followingmanner:-

Plan No . of Plot No Block . . . . . .Location Title of the plot is identified as required by thesection 35 of the Land Registration Act.

2. A plan presented as a unit plan of subdivision shall be numbered in thefollowing manner:-

Unit subdivision plan No of Plot No .. .Block/G/6/5, where 5 is the number of the unit in the buildingsituated on Plot number 6 in Mbezi Block G).

3. A plan presented for registration as a unit plan of consolidation shall benumbered in the following manner :-

Unit consolidation Plan No . ,ofPlot No Block.G/6/3 and 4.

Similar numbering shall apply to unit Plans relating to Plots in other Blocks orregistration sections.


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Unit TitlesGN No 57 comd.)

UTF No.3

THIRD SCHEDULE


APPLICATION FOR REGISTRATION OF A UNIT PLAN

To be submitted in duplicate)

Title No ....

To: The Registrar of Titles

I/We ..... ..... .................................................................................................................. of

Postal address ............................................................................................................ ..

Email ..................................................................... Phone No . .................................... ..

We hereby apply for the registration of the unit under the above reference;

Nationality ..................................................................................................................

Present occupation/type of business engaged in .................................................... .... ..

Numberofunits .............................................................. ......................................... .

Description of property: Plot No . . . . . Block ....... Location .................. Title No ....... .

Approximately value of existing or planned building .................................................. .

RegisteredProprietor

......... ......................................................................................... .

Tenure: Right of Occupancy Lease ............................................................................. .

Signature of the applicant s) or agent s) .................................................................... .

-Attach four copies o f unit plan-Application to conform to requirements of Regulation 9

u '''1ft. VI \ . J ~ ~ u . . , a l J t . , . . J ~ ~...

Signature of the applicant s) or agent s) .................................................................... .

-Attach four copies of unit plan-Application to conform to requirements of Regulation 9


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Unit TitlesGN No 57 leonrd ;

UTF N o 4

FOURTH SCHEDULE


APPLICATION FOR REGISTRATlON OF A UNIT

To be submitted in duplicate)Title No ....

To: The Registrar o f Titles

I1We .... ........................................................................................................................ o f

Postal address ............................................................................................................. .

Email .............. ....................................................... Phone No .....................................

We hereby apply for the registration o f the unit under the above reference:

Nationality .................................................................................................................. .

Prescnt occupation/type o f business engaged in ..................................................... .... .

Number o f units .......................................................................................................... .

Description o f property: Plot No Block ....... Location ........... ........ Title No

Approximately value o f existing or planned building .................................................. .

Registered Propr ietor ........................................................... \ ........ ............... .............. .

Ten ure: Right o f Occupancy/Lease ................................................... ................... ....... .

Signature o f the applicant s) or agent s) ............ ............. ............ ............. ............ ....... .

Attach four copies o f unit plan Applicati on to conform to requirements o f Regu lalion 9

Tenure: Right o f Occupancy Lease ............................................................................. .

Signature o f the applicant s) or agent s) .............................................................. ....... .

Attach four copies o f unit plan Applica tion to conform to requirements o f Regu lation 9


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Unit Titles

GN No 357 can/d)

UTF No 5

FIFTH SCHEDULE


CERTIFICATE OF UNIT TJTLE RIGHT OF OCCUPANCY)

THIS S TO CERTIFY THAT

............................... ................................................................. Name and address s

lis are) now registered as the unit owner s) of the title interest referred to. subject toagreements and other matters contained in the registered title. and to such encumbrances.covenants and conditions hereinafter set our and as may for the time being subsist andaffect the land comprised in the right of Occupancy. Plot No .... .... .... .... .... . .Block ... ..... ..... ..... ..... ... location ...... .. .................... Title No .......... .......... .

Unit Title Number ..................................................................................................... .

Unit Number .............. ............. ... and ......................... number of shares in the commonpropeny herein

Approximate Floor Area ......................................................... ml

Unit Plan Number ... ..... .... ..... owner ........ ......... term ........ ........ years ........ tiom........ .

Dated this ............ ............ ... day of ...................... 20 ...... .

Registrar a/Tilles

Registrar o/Titles


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Unit TitlesGN. No. 57 conrd.J

UTF N o 6

SIXTH SCHEDULE

Made IInder Regulation 7 1))

APPLICATION FOR REGISTRATION OF SUBDIVISION/AMALGAMATION

Unit Title No

lIWe ............................................................................................................... ofPostal

Address ........................... E mail ....................................... Telephone ............... ......... .

Hereby apply for the amalgamation/subdivision of the units registered under the abovereference. dated

this ..................................................... day of ~........................................ 20 .............

Signature o Applicant sj


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Unit TitlesGN No 57 contd.)

UTF No.7

SEVENTH SCHEDULE


CERTIfICATE OF CONSENT OF LOCAL GOVERNMENT AUTHORITY FORSUBVISrON/AMALGAMATION

Unit Title No . . . . . . . .

To: Registrar o f Titles

This is to certify that. the proposed subdivision/amalgamation of the structure submitted

................................ .... ........... .. ...... inscrt name of regis e red proprietor) as shown on

thc unit Plan in respect of the buildings s) situated on Plot No ........................ ....... ..

Block ..................... ..... Loca lion ................................. Title

No .............................. has been approved by ........................................ insert nameof local authority in accordance with the Unit Titles Act. 2008.

CitylMlinicipallDistrictrrownship Director

Date: ....... ........ ...... ....


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Unit TitlesGN. No. 57 conrd.)

UTF No.8

EIGHTH SCH EOULE

Made under Regulalion 8 /})

UNIT TITLES ACT 2008

APPLICATION FOR CHANGE OF THE USE OF UNIT

Unit Title No . . . . . ...... .

To : The Registrar o f Titles

l/We .................................................................. ......................................................

of Postal address ................................. E mail ......... ............. Telephone ..................... .Hereby apply for registration for change of use of the units registered under the

above. reference. dated this .................................... Oay of . ................ ....... 20 ... .. .. .... .

pplicant sSignarure


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Unit TitlesGN No 357 contd.)

UTF No. 9A

NINETH SCHEDULE


CERTIFICATE OF CONSENT OF CHANGE OF USE FROM ASSOCIATION

To: The Registrar o Titles

This is to certify that. the proposed change o use o the structure submitted by

....................................... insert name o f registered proprietor) as shown on the Unit

plan in respect o the building situated at Plot No ..... ..... ... Block ............... Unit Title

No ....... ...... ...... ...... .. Location ............... .......................................... has been approved

by .............................................................................. on behalfofthe association) in

accordance with the Unit Title Act, 2008

Sealed with the common seal o the ..................................................

Name o the ~ s s o c i a t i o nin the presence o us

this ................. day o ................. ............ 20

Committee Member

Chairman o he Committee

Chairman o he Committee


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Unit TitlesGN. No. 57 contd.)

UTFNo

9

CERTIFICATE OF CONSENT O CHANGE O USE FROM LOCAL

GOVERNMENT AUTHORITY

To: The Registrar o Tilles

This is to certify that, the proposed Change o Use o the structure submitted by

shown on the Unit plan in respect o the building s) situated on Plot No ............. ......... .

Block ...................... .......... Localton ..... ................................. .... ..... ....... Unit

Tille No ......... .... ....... .... has been approved by .......................................... nameo the Local Authority)

in accordance with the Unit Titles Act. 2008 .

CitylMunicipallDistrictlTownship DireClOr


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Unit TIllesGN No 57 conrd.)

TENTH SCHEDULE


UTF No. lOA

A. CERTIFICATE OF REGISTERED LAND SURVEYOR

. Title No

1 certify that:-

1) AI I the works performed in the field and in the office by myassistant Name of the assistant) hasbeen carried out under my personal direction. and I take full responsibilityfor all the work as performed.

OR2) I. In person. made. and on the ... ' day of completed the

survey represented by this plan. on which are written the bearings and lengths

of he lines surveyed by me. and that the survey has been executed in accordancewith the existing Regulations and with the approved Town Planning Scheme.

3) 1he survey was performed between the dates of ..and and that this plan is true and correct. and is prepared inaccordance with provisions of the Unit Titles Act. 2008.

4) The buiJdingls) situated on the plot s) that is are) the subject of this plan isare) wholly within the external boundaries of he plot in case of encroachment.

this statement will be varied accordingly); and

5) The units shown on this plan are the same as those existing at the time ofthesurvey.

Practicing Certificate Number .. ,

Signature o Registered Surveyor

survey.

Practicing Certificate Number .. ,

Signature o Registered Surveyor


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Unit Tilles

GN. No 57 contd.)

UTF No lOB

THE UNIT TITLES ACT 2008D CERTIFICATE FROM A LOCAL GOVERNMENT AUTHORITY


This is to certify that the proposed division of the structure submitted byInsert name o f registered proprielOr) as shown on the

Unit plan in respect of the building situated at Plot Block TitleNo ~ been approved by /nsen name o f ocal aUlhority) in accordance

with the Unit Title Act 2008

City/Municipal Director

Date:

UTF NO JOC

C CERTIFICATE OF REGISTERED ARCH ITECT


This is to cenify that the unit plan in the respect of the building situated atPlot No Block Location Unit Title No as perattached sheet No 1 to was prepared and s u p e r v i s e ~by a Registered Architect

Dated this Day of 20

Registered Architect Signalllre

Practicing Certificate Number

Registered Architect Signalllre

Practicing Certificate Number


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Unit TitlesGN. No. 57 cO,n d.)

ELEVENTH SCHEDULE

Made under Regulation JJ 3))

MANAGEMENT AGREEMEN'I'

This Management Agreement is made on

Between;' , UNIT TITLES ASSOCIATION a registered as a Unit Association ullder the Unit

Titles Act. 2008 in the United Republic of Tanzania. P O Box ........ ...... hac-III-afterreferred to as "the Association" which expression shall where the context so admitsinclude its successors and assigns on one part and

.... a limited Ilahilitycompany incorporated in the United Republic of Tanzania of P O . Box hcrem after referred to as "the Management Agent" which expression shall here the contextso admits include its successors and assigns on the other.

Where as:

Where as:

Where as:

Where as:

the Association is registered as proprietor. or as trustee of the UnitProperty:

the Management Agent has special ized knowledge and experiem:e andexperts and other personnel qualified and capable of carrying. lut theduties outlined h e r e i n ~

the Association wishes the Management Agent to market. let. manageand operate on its behalf the Unit Property in the manner set out inthis agreement: and

the Management Agent has agreed to undertake such markcting. lettingand management of the Unit Property.

APPOINTMENT

I The Association hereby appoints the Management Agent and the Agent hcrebyaccepts such appointment as a ManagementAgent in rendering prol'cssionalservices of the Property for ------------------ years renl wablc annually withp ffp l t f r f N 7 1 . t . U . - . ~ - 6 C . l r ii'.-.-.:.-.-.m : ; - . . Q . 1 P " t ; l a ~ e . q ~ 1 . f i{ \ n p r ~ f ~t ~ n r ) n ~ r t v;.Inri III

APPOINTMENT

I TheAssociation hereby appoints the Management Agent and the Agent herebyaccepts such appointment as a ManagementAgcnt in rendering prol'cssionalservices of the Property for ------------------ years renl wablc annually witheffect from ----------------------- to manage and operate the property and a II


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Unit i t l e ~.

GN. No 357 contd.)

2. The Association shall in consultation with the Managing Agent determine thepolicy to b followed in connection with the marketing, letting and managementof the Unit Property and shall have ultimate control and discretion in theoperation of the Unit Property throughout the term of this Agreement.

3. It is understood and agreed that nothing herein contained shall constitute orbe construed to be or create a partnership or jOint venture between theAssociation and the Management Agent. its successors or assignees.

PARTICULAR POWERS AND OUTI ES

4In furtherance of and without prejudice to the general power and authorityhereinbefore conferred. the Managing Agents shall have :nter alia thefollowing powers, authorities, discretions. and duties.

a)

b)

(c)

d)

e)

f)

g)

h)

i)

\5

h)

i)

to diligently and prudently manage the affairs of the unit propertyand to protect and promote the interest of the Association;To prepare statements of demand. receive and ensure that servicecharges, electricity/diesel costs and other outgoings for day today running of common property are collected from the owners.To prepare rent demand notes. receive and ensure that rent. servicecharges. electricity/diesel costs and the taxes relevant to the chargesof rented common property are collected from of the tenants.To account to the Association promptly but in any event within22 days of the end of each month for all taxes. rates, rents,insurance premiums. expenses and outgoings notifies to theManager and payable by the owners in respect of the propertywhich the Manager shall ensure is promptly paid.To keep accounts of the association in accordance with goodaccountancy custom and will have the accounts audited byqualified auditors once a year.To render monthly statements to the association of all rents paidfor common property and other sums collected and ifrequired toproduce to the association receipts.or vouchers in respect of anypayments;To maintain a Unity Property Register which shall containinformation provided under section 51(2) and 52(1) of the UnitAct 2008 .To ensure that all tenants of the common property effect allpayments payable under their respective leases or tenancies;To repair, renew and replace any equipment. fixtures and otheritems and effects of the common property as the Manager maydeem necessary from time to time provided that such repair.renewal or replacement shaH no exceed the sum ofTsh ------ and~ Q ~ n X

..t ~ ~ ru c ~ . ~

..o . s } l J > t m H , c R ' 1 R . ~ W . i v . t ?

..~ H I ~ t ~ l ~ ~. f g . . l ~ . t ;

information provided under section 51(2) and 52(1) of the UnitAct 2008.To ensure that all tenants of the common property effect allpayments payable under their respective leases or tenancies;To repair, renew and replace any equipment. fixtures and otheritems and effects of the common property as the Manager maydeem necessary from time to time provided that such repair.renewal or replacement shall no exceed the sum ofTsh ------ and. .


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GN. No. 357 comd.)

..Unit itles

(j) The Managing Agent shall recommend alterations. additions orimprovements o f all or some o f the units in order to maintain,face-lift or improve their values, economic life or safety.

(k) To carry out with the written approval o f the Associationmarketing and letting of the common property;

(I) Throughout the term o f Management Agreement. to make surethat all units are adequately insured against loss or damage byfire, flood. impact. storm. tempest and other insurable risks asprovided under Section 81 of the Unit Act 2008.

(m) The Managing Agent shall be the overall supervisor of all contractedservice p roviders such as security guards, gardeners etc.

(n) To contract for materials and/or services for the common propertywith the term o f any service contract limited to duration o f one1) year.

0) To maintain the common property, all improvements thereonand all utilities there under. except those maintained by publicutility companies. in good. clean. attractive and sanitary orderand repair.budget shou Id project all expe nses of the Agent for the com ngyear that may be required for She proper operation. managementand maintenance of property;

q) to operate all recreatiopal equIpment and facilities located withinthe common property;

(r) to establish and collect special assessments for capitalimprovements;

(s) to file liens against unit owners because o f nOI\-payment o fassessments du ly l e v i e ~and to foreclose said liens:

(t) to receive complaints regarding violation o f association s By-Laws or other instruments for the management and control of heunit property.

REMUNERATION

5 The Ma naging Agent shall be entitled to a professional management fee forthe management of the common property amounting to % o f thegross collectable rents/comparable market rent per month (excJusive of ValueAdded Tax) for the spaces occupied by tenants or owner occupied arearespect i ve ly

6. the Managing Agent shall be entitled to reimbursement o f costs related tosuch services like telephone. subsistence and transport incurred while onduty long as these are approved by the Association. The receipt of money byeither of the parties shall not prevent either o f them from questioning thefrfl ' t f a f l ~ g t J f t f f l r i j { \ 1 t e ' t ( j n t . i { o ' ' i ~ p r u ~ ~ n ~~ H U D G n f i ~LU 0 U I ~ ~

gross collectable rents/comparable market rent per month (excJusive o f ValueAdded Tax) for the spaces occupied by tenants or owner occupied arearespectively.

6. the Managing Agent shall be entitled to reimbursement o f costs related tosuch services like telephone. subsistence and transport incurred while onduty long as these are approved by the Association. The receipt o f money byeither of the parties shall not prevent either o f them from questioning thernrrprtnpc;:c;: n f v c ; : t ~ t l m , . n tin rl c:nl r t o ::tnv money


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un t TitlesGN. No. 357 con/d.)

ASSIGNMENT

7. The Manag ing Agent shall not assign this Agreement or its interest herein in wholeor in part without first having obtained the Association's written consent suchconsent not to be unreasonably withheld.

INDEMN IFICATION

8. The Association will indemnify and keep indemnified the Managing Agent fromnd against any and all loss damage ofliabi lity whether criminal or civil suffered by

the Agent in the course of conducting the Management of the unit property or partthereof and, resulting from any act of neglect or default of the owners or theiragents. c::mp loyees or licensees .

9. The Managing Agent will indemnify and keep indemnified the owners/owner fromand against any and alllos5. damage or liability (whether criminal or civil) sufferedby the owners/owner on breach of this Agreement by the Agc::nt in respect of an}matter arising from the Management of the common property/unit property

GOVERNING LAW

10. This agreement shall be read and construed in accordance with the Laws of theUnited Republic of Tanzania.

FORCE MAJEURE

J I. Both parties will be released from their respective obligations in the c::vent ofnational emergency. war, prohibitive, government Regulations. or any other u ~

-beyond the reasonable control of he parties renders performance ofthe Agreementimpossible whereupon-

(a) All money due to the Association shall be paid immediately and(b) The Managing Agent shall forthwith cease carrying on the Management

of the Property .

TERMINATION

12. Notwi thst anding anything herein contained. this Agreement may be detennined onthree (3) months written notice given by one party In the other if either party failsto comply with any of the terms and conditions of his Agreement and such failureifcapable of remedy is not remedied within one (I) month after a notice in writinghas been served upon it requiring the same to be rectified. The Managing Agentshall forthwith to cease carrying on the Management.

13. Fourteen (14) days prior to the expiry of the Term or fourteen (14) days after thereceipt of notice terminating this Agreement the Managing Agent shall furnish tothe Association a complete and accurate up-lo-date account of all transactions- - -

--- .- - - - - ---Q _c . 0 - - . . _.

three (3) months written notice given by one party lQ the other if either party failsto comply with any of the terms and conditions of his Agreement and such failureifcapable of remedy is not remedied within one (1) month after a notice in writinghas been served upon it requiring the same to be rectified. The Managing Agentshall forthwith to cease carrying on the Management.

13. Fourteen (14) days prior to the expiry of the Term or fourteen (14) days after thereceipt of notice terminating this Agreement the Managing Agent shall furnish toth A i ti l t d t t d t t f ll t ti


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Unit T tles

GN No 357 con/d.)

DISPUTE RESOLUTION

14. Any dispute or difference other arising between the parties in relation to anythingor matter arising under s a result of or in connection with this Agreement shall bereferred to arbitration under the Arbitration Rules o the Chartered Institute oArbitrators.

IN WITNESS whereof the parties hereto have duly executed these presents in themanner and on the date hereinafter appearing.

SEALED with the common seal oThe saidAnd delivered ON THE PRESENCE of us this

NAME: . .SIGNATURE: .POSTAL ADDRESS .

QUALIFICATION: .

NAME: .SIGNATURE:POSTAL ADDRESS: .

QUALIFICATION: .. .

SEALED with the common seal oThe saidAnd delivered ON THE PRESENCE o f us this

NAME: .SIGNATURE: .POSTAL ADDRESS: .. .

QUALIFICATION: .

NAME .SIGNATURE: .POSTAL ADDRESS .. .

QUALIFICATION: . .. .. : l IUJ J \1 UI \ . c . ;

POSTAL ADDRESS: .

QUALIFICATION: . ... .. .

NAME .SIGNATURE: .POSTAL ADDRESS .

}


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Unit ntlesGN. No 357 conrd.)

TWELVETH SCHEDULE

Made under Regulalion 3 7))

THE UNITED REPUBLIC OF TANZANIATHE UNIT TITLES ACT, 2008

(NO. 16 OF2008)

UTF NOII

APPLICATION FOR REGISTRATION OF AN ASSOCIATION

UNIT TITLE NO . .. .

UNIT PLAN NO . .


UWE ABC ASSOCIATION of P.O. Box .

HEREBY apply to be registered s an Association in accordance withSection S of theUnit Titles Act and Regulation 13 7) of the said Act.

Name . .

Signature ... ' ...... .

Qualification . .

. .


29/85

GN No 357 con/d)

/UlJit Titles

THIRTEENTH SC

THE UNITED REPUBLIC OF T A ~ ~ N I ATHE UNIT l T ~ S~ ~ 2 8

NO. J6 OF 2 0 ( ) ~ )

UTFl lO 2

CERTIFICATE OF REGISTRAT10N OF AN A S S ~ ~ A T I O N

UNIT TITLE NO

UN. :r .PLAN NQ ~

1 HEREBY {:enjfy that . ASSl)CIAT ON i ~ this day f t ; g j ~ t e r e ~as ana s s o ~ i a t i o nin a C . f o r d a n ~ ewith S e ~ t i o n3S o f ~ el ~ ~iJ T i t J ~ ~~ F

Given under my h a n d c m d s ~ ~ l 1~ t . . . ~ this dayof. wo t h o ~ ~?lnd .. .

R ~ g i s t r a ro f Titles


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==Uni t TItlf s

G N ; No 357 contd.)

FOURTEENTH ,SCHEDULE

Made under Section 13 10))

ASSOCIATION BY-lAWS

PART I

I The name' of the lS50ciation is ... hereinafter referred to' as the Declaration"association';. These By:ltiWs were duly adopted as the official By-laws of the. : . ~; .Association at the memb rs' meeting held '" (date). These'iJ9;fi'WS were properly adopted and supersede any and all previous By-laws that theAss6ciatlon or its predecessor 'had previously considered or reliedupori. including. butnot Ilmited ;t'o ~ - I a w sidentified' and ' titlea ,ag By law5 of ;; ... Association\'Iith the princIpal' office located at ; .

2 .. ; is a Unit' Owners Association ' located on' Plot No I Organiza-slock No. .. ' in' the area of . in Cityl tion

M t i h i e i p a \ l D i ~ t r i c t ,being d e v e f ~ ~ d 'at once/in successive: phases so as to comprise aidtai' df_ _ _'_ units (herein referre


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GN. No 357 conzd.)

Unit Tilles

PART IIINTERPRETATION

Interpreta- 5. In these By-laws unless the context otherwise requires -tion Act means the Unit Titles Act, 2008;

Administrator has the meaning as referred under section 7 of the Act:Association or Association ofowners/co-owners means the Unit Associa tion that

shall administer, operate, manage. and maintain the Unit Property and which shallhave all co-owners as members.;

assoc iation By-laws means these By-laws of the ........... Unit Association organizedto administer. operate. manage. and maintain the Unit r o p e n y ~

certificate of unit title means a certificate issued under Regulation 6;Common Property means any ponion(s) of the unit propeny other than the individual

Unit(s), including all general and restricted use common property, as described morefully in the Unit plan;

co-ownerH means the person, firm. Association, corporation, partnership.association, trust, or other legal entity or any combination of such entitieswho or which own a unit in the unit property and the term co-owner, whereverused. is synonymous with the term owner;

developer means a person engaged in the business of developing a UnitProperty as provided for in the Act. and includes its successors and assignees

who have signed, delivered, and registered the unit plan and other unitd o c u m e n t s ~General Common Property means those Common areas that are for the use

and enjoyment of all co-owners of he Unit Property, as described more fullyin the Unit plan;

Managing Agent means a person referred to under section 49 of the Act;member means a co-owner who is entitled to ownership of an individual unit

to become a member of Association; the term member. whenever used is

synonymous with the terms owner and Co-owner:register of the units means a register kept under Regulation 3(1);

Regis trar means a Registrar appointed under section 4 of he Land RegistrationAct, Cap. 334;Regulations means the Regulations made unger the Act;restric ted common property means those common areas that are reserved for

the exclusive use of a co-owner or any other person so allowed by theManagement Committee ofa specific unit or units, as described more fully in

the Unit plan;transitional control date means the date on which the Management Comm ittee

for the Association takes office pursuant to an election in which the votesthat may be cast by eligible co-owners un affiliated with the developer exceed

Regulations means the Regulations made unger the Act;restric ted common property means those common areas that are reserved for

the exclusive use of a co-owner or any other person so allowed by theManagement Committee ofa specific unit or units, as described more fully in

the Unit plan;transitional control date means the date on which the Management Comm ittee

for the Association takes office pursuant to an election in which the votesthat may be cast by eligible co-owners un affiliated with the developer exceed


32/85

Unit TItlesGN. No 57 conld.)

unit documents means the Unit Plan including all exhibits, the Constitution of

the Association, the By-laws of the Association and the rules adopted by theManagement Committee of the Association, and any other document thataffects the rights and obligations of a co-owner in the unit property;

unit property or Proper ty means the land described in the Unit plan, as thesame may be amended. together with all structures, improvements, easements,rights, and appurtenances located on or belonging to such property;

unit means that portion of the unit property that is designed and intended forseparate o ~ n e r s h i pand use by an owner, as described in the unit plan;

Unit Plan means the document, together with the exhibits attached to it and allamendments that may be adopted in the future, by which the unit proper ty is

being submitted and registered for unit ownership under the c t ~Unit Factor means the unit entitlement ofa unit plan and the indicated share of

an owner in the common property, common facilities and other assets of theAssociation and is the figure which determines the owner's contribution tothe common expenses o f the Association and may be determined inaccordance with the By-laws of the Association using such variables as thesize of the unit, location of the unit and the view which the unit commands.

;; Unit Property Types means the type of unit property as defined in the Actwhich includes high rise structures or in rows or terraces, or in buildings in aclusterform and the like structures and the user thereof as more particularlydescribed in the Urban Act 2007 use classes:

PARTInMEMBERSHIP VOTING RIGHTS AND MEETINGS

7.-{ I) Each Co-owner of the unit property. during the per iod o f ownership ~ pshall be a member of the Association. and no other or entity will be entitled tomembership.

2) For membership purposes. each co-owner shall be treated as a single

legal entity regardless of the number or type of legal persons or entities withan ownership interest in any particular Unit.

3) The share of a co-owner in the funds and assets of the Association may .be assigned, pledged. or transferred only as an appurtenance to a Unit.

4) The Secretary of the Association, or the agent of he Association havingcharge of the membership records of the Association. shall make and certify acomplete membership Jist of the co-owners entitled to vote at a membershipmeeting or any adjoumment.

3) The share ofa co-owner in the funds and assets o f he Association may.be assigned, pledged. or transferred only as an appurtenance to a Unit.

4) The Secretary of the Association, or the agent of he Association havingcharge of the membership records of the Association. shall make and certify acomplete membership list of the co-owners entitled to vote at a membershipmeeting or any adjoumment.


33/85

Unil n les

GN No 357 fcontd }

(5) The list shaH be arranged either alphabetically by name or sequentialJy

by address and shall include both the name and address of each co-owner.

(6) The list shall be produced at the time and place of the membershipmeeting. The list may be subject to inspection by any member during the wholetime of the meeting, and be prima facie evidence of the members entitled [0examine the list or vote at the meeting.

8.--( 1 Each CO-owner will be entitled to one vote for each unit owned when Votingvoting by number. and one vote when voting by value, the value of which shallbe equal to the total of the percentages assigned to the unit or units owned.

(2) Voting s,haJl be by number. except in those instances where voting isspecifically required in the unit plan or By-laws to be by number and value.

(3) No cumulating of votes shall be permitted.

(4) A ~ o o w n e r .other than the developer, shall neither be entitled to vote atany meeting of the Association nor shall he be entitled to vote prior to theinitial meeting of the members of the Association until he has presented awritten Certificate of Title for his unit in the unit property.

(5)The developer shall be entitled to vote only for those units to which hestill holds title and was paying the assessment at the date on which the vote iscast.

(6) The person who is entitled to cast the vote for each unit and to receive allnotices and other communications from the Association shall e designated bya certificate signed y all the registered owners of a unit and filed with theSecretary of the .Association and that person shall be known as the "VotingRepresentative"

(7) All co-owners shall be required to designate such a Voting Representativeand execute a certificate stating the name and address of the aid individualrepresentative, the number and address of the unit owned. and the name andaddress of any person or persons, finn. AssoCiation. corporation. partnership.trust, or other legal entity who is an owner of the Unit.

(8) The certificate referred to in by-law (7) shall be valid until revoked. orsuperseded by a subsequent certificate, or until a change has occurred in theownership of the Unit.

\ 1\11 co-owners s m l l l ot r t q u l r t : u t u Ut:.slglli:lU: sU\;1I i:l V U l I I I g " e p . C.sCIIli:lLl v cand execute a certificate stating the name and address of the aid individualrepresentative , the number and address of the unit owned. and the name andaddress of any person or persons, finn. AssoCiation. corporation. partnership.trust, or other legal entity who is an owner of the Unit.

(8) The certificate referred to in by-law (7) shall be valid until revoked. orsuperseded by a subsequent certificate, or until a change has occurred in the


34/85

Unit T tles

GN No 35i conld)

(9) Votes may be cast in person or by proxy.

(10) Proxies may be made by any designated Voting Representative who isunable to attend the meeting in person and must be filed with the Associationbefore the appointed time of the meeting. Proxies will be val id on y for theparticular meeting designated or any adjournment of that meeting.

Meetings 9.-{ I) Subject to section 46 of the Act. the initial meeting of he co-owners ofthe Association may be convened only by the developer and may be called atany time after five or more of the units in the unit property have been sold andthe purchasers have qualified as members of the Association (that meeting to

be referred to herein as the Initial Meeting ).

(2) Ifno event has occurred. the Initial Meeting may be called no later than:(a) 90 days after the conveyance of legal or equitable title to non

developer co-owners of 50 percent ofthe total number of Units thatmay be created in the unit property: or

(b) 180 days after the first conveyance of legal or equitable title to anon-Developerco-ownerofa Unit. whichever first occurs, at whichmeeting the eligible co-owners may vote for the election ofManagement Committee of the Association.

(3) The Developer may call meetings of he Association for informational orother appropriate purposes prior to the Initial Meeting , but no such informationalmeeting shall be construed as the Initial Meeting of Members until the Developerspecif ically notifies the Co-Owners of intent to convene the Initial Meeting.

(4) After the Initial Meeting has occurred, an Annual General Meeting oftheAssociation (herein referred to as AGM ) shall be held in each year on a dateand at a time and place selected by the Management Committe'e of theAssociation.

(5) Special meetings of he Members ofthe Association may be called by thechairperson of the Management Committee, its majority or by the chairpersonor secretary of the Management Committee at the written request of not lessthan 50 percent of the Members.

(6) All membership meetings shall be held at the Association's head office orat any other place determ ined by the Management Comm ittee as stated in thenotice of the meeting.

\ -f ~ r - - ' - '

- - : - ~ - . - ~

_v ~ _ , _ ' - J ~ -

- _

_ -~ J

. . .

chairperson of the Management Committee. its majority or by the chairpersonor secretary of the Management Committee at the written request of not lessthan 50 percent of the Members.

(6) All membersh ip meetings shall be held at the Association's head office orat any other place determined by the Management Committee as stated in thenotice of the meeting.


35/85

Unit Titles

GN. No 357 contd.)

I the meeting. Notice shal l be mai led or delivered to each co-owner entitled to

vote at the meeting. However. not less than 45 days written notice shall beprovided to each member for a meeting for any proposed amendment to theseBy-laws or to any other registered Unit Documents.

(8) The presence in person or by proxy of 50 percent of the co-ownersentitled to vote shall constitute a quor um of members. The written vote of anyco-owner furnished at or prior to a meeting, at which meeting such co-owner isnot otherwise present in person or by representative or, in either case, by proxy,shall be counted in determining the presence of a quorum with respect to thequestion upon which the vote is cast.

9) At any meeting of co-owners at which a quorum is present, 51 percent ofthe co-owners entitled to vote and present in person or by proxy or writtenvote. if applicable). shal1 constitute a majority for the approval o f the matterspresented to the meeting, except in those instances in which a majority exceedinga simple majority is required by these By-laws, the unit plan. or by law.

PART IVOPERATIONS AND ADMINISTRATION O THE ASSOCLATION

10. The business, property, and affairs of the Association shall be managedby the Management Committee members to be elected in the manner describedin these By-laws; provided, that the Committee members designated in theAssociation shall serve until such time as their successors have been dulyelected and qualified at the Annual General Meeting of co-owners.

11. The composition of the Management Committee shall be not less thanthree nor more than seven members, as shall be fixed from time to time by amajority vote o f he co-owners ; provided that these requirements shall be binding

only on and after the transitional control date.

12.-{ I The Members of he Management Committee shall Qe elected by theco-owners at the annual General Meeting.

2) All actions of the first Committee designated in the constitution or anysuccessors to such committee members appointed by the developcr prior to theInitial Meeting of co-owners shall be binding upon the Association in the samemanner as any action authorized by Management Committee elected by themembers o f the Association, so long as such actions are within the scope of

aa l .J __ .. .. _ . _ L __ _ _ : .J L __ .. L ..... .......... . : . l_ C _ _

12.-{ I) The Members ofthe Management Committee shall Qe elected by theco-owners at the annual General Meeting.

2) All actions o f the first Committee designated in the constitution or anysuccessors to such committee members appointed by the developcr prior to theInitial Meeting of co-owners shall be binding upon the Association in the samemanner as any action authorized by Management Committee elected by themembers o f the Association so long as such actions are within the scope of

ManagementCouncil

Composition oftheCommittee

ElectionofManagement

CommitteeMembers

ElectionofManagement

CommitteeMembers


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Unit Titles

GN. No 57 coned.)

ManagementAgJeemems

with theDeveloperandAffiliates

Committeevacancies

Tenure

Resignation

Removal

f f i c c r ~

Removal

f f i c c r ~

the unit documents. 2) All actions of the first committee designated in theconstitution or any successors to such committee members appointed by thedeveloper prior to the Initial Meeting of co-owners shall be binding upon theAssociation in the same manner as any action authorized by ManagementCommittee elected by the members of the Association, so long as such actionsare within the scope of powers and duties that may be exercised by the committee,as provided for in the unit documents.

J3. Any service contract or management agreement entered into betweenthe Association and the Developer or affiliates of he Deve loper shall be voidable

without cause by the Committee on the transitional control date or within 90days after the initial meeting has been held. and on 30 days notice at any timethereafter fer cause.

14.-( 1 A vacancy on the Committee may be filled with a person elected by amajority ofthe remaining members of he Committee. even though there may beless than a quorum of the Management Committee members, and a person soelected shall be a Committee member for a term of office from the date ofCommittee approval continuing until the next election of Committee membersby the co-owners/owners.

(2) A vacancy of the Committee may also be filled at the next election ofCommittee members by the co-owners so long as any such vacancy does notpreclude quorum by the Committee.

15. Management Committee members shall be eJected at each Annual GeneralMeeting to hold office until the next annual meeting and until the ~ o m m i t t e emember successor is elected. or until the Committee member death. resignation.incapacitation or removal.

16. A committee member may resign at anytime by provid ing written noticeto the Secretary of the Association. The notice of resignation will be effectiveupon receipt or at a later time designated in the notice. A successor shall beappointed as provided for in by - law 14.

17. Any Committee member may be removed for a good cause by a majorityvote o f the co-owners of the Association entitled to vote at an election ofCommittee members.

18.-( 1) The By-Jaws shall provide the designation. terms of office.

aualifications. manner of election. duties. removal. and reolacement o f officersupon receipt or at a later time designated in the notice. A successor shall beappointed as provided for in by - law 14.

17. Any Committee member may be removed for a good cause by a majorityvote of the co-owners of the Association entitled to vote at an election ofCommittee members.

18 ( 1) The By Jaws shall provide the designation terms of office


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Unit TItles

GN. No 357 contd)

of the Association not inconsistent with these By-laws. The officer of the

Association shall be Chairman, Secretary, and Treasurer.

19. The officers of the Association shall be elected from among theM a n ~ g e m e n tComm ittee during the Annual General Meeting.

20.- ( I ) The Chairman shall be a voting member of the Comm ittee.

(2) Each office r shall be a member of the Association in good standing .

(3) Each of ficer shall hold office for the tenn appointed until a successor isappointed and may resign at any time by providing written notice to theAssociation .

(4) The notice of resignation shall be effective upon its receipt or at a latertime designated in the notice.

(5) An offic er appointed by the Management Committee may be removedwith good cause by vote of a majority of he Committee. The removal shall bewithout prejudice to the person's contract rights. if any. Appointment to anoffice does not in itself create contract rights.

(6) A vacancy in any office for any reason may be filled by the ManagementCommittee .

7) Oflicers may be compensated, but only upon the affinnative vote of 60percent or more of all co-owners.

21.- I) The Chairman shall be the Chief Executive Officer of he Associationand shall have authority over the general control and management of thebusiness and affairs of the Association.

(2) Without prejudice to the generality of sub-law (1) the Chairman shall:(a) appoint or discharge employees, agents, or independeAt contractors ,

to d L ~ r m i n etheir duties. and to fix their compensatiOn;(b) sign all Association documents and agreements on behalf of the

Association, unless the Chairman or the Management Committeeinstructs that the signing be done with or by some other officer.agent. or employee; and

(c) see that all actions taken by the Management Committee areexecuted and other duties incidental to the office are performed.

\ ~ IU1VUL P l \ ; J U U 1 \ 1 ; ; LV u n ; 1 5 \ . . I I ' I C l I U ] V I , ,UV-I \ . , ' . ' - ' . . . . . . . . . . . . . . . . . . . . .

(a) appoint or discharge employees, agents, or independeAt contractors,to d L ~ r m i n ctheir duties. and to fix their compensatiOn;

(b) sign all Assoc iation documents and agreements on behalf of theAssociation, unless the Chairman or the Management Committeeinstructs that the signing be done with or by some other officer.agent. or employee; and

(c) see that all actions taken by the Management Committee arePlCp r llted lmd other dutie \ incidental to the office are oerformed

Election

QualifIcation

Duties ofthe

hairman


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GN. No 357 coned.)

Dutit:s oftheSecretar)'

Duties oftheTreasurer

AssodationdocuITlentprocedure

Powersimd dutiesof .~ a n a g e -

in e'ntCommittee

01

~ o g e -in e ntCommittee

Provided that the Management Committee may by discretion delegate any of

the above functions to any other officer of the Association or Managing Agent:

22. The duties of the Secretary shall be:(a) to keep minutes of committee m e e t i n g s ~ .(b) responsible for providing notice to each Co-Owner as required by

law. these By-laws or any other Unit Document ~(c) the custodian of Association's records;(d) to keep a register of the names and addresses o f each Co-Owner.

officer, committee member and Managing Agent; and(e) to perform all duties incidental to the office and other duties

assigned by the Chairman or the Management Committee.

23. The duties of the Treasurer shall:(a) have charge and custody over Associat ion's funds and securities;(b) keep accurate books of accounts and records of the Association's

receipts and disbursements;(c) deposit all moneys and securities received by the Association to

such depositories in the Association's name that may be designatedby the Committee;

(d) complete all required Association's returns; and

(e) perform all duties incidental to the office and other duties assignedby the Chairman or the Committee including preparation of auditreport annual budget and like duties.

24. All Association documents (including shares, bonds. agreements,insurance and annuity contracts, qualified and non qualified. deferredcompensation plans. cheques. notes. disbursements , loans, and other debtobligations) shall not be signed by any officer, designated agent, or attorneyunless authorized by the committee or by these By-laws.

25.- 1) The Management Committee shall have all powers and dutiesnecessary for the administration ofthe affairs of the Association. and may takeany action in support ofthis obl.igation of administration so long as such aotionis not prohibited by the unit plan. these By-laws. the Act or any other Law.

2) Without prejudice the generality of sub-section 1) the powers andduties of the Management Committee shall include. but not limited to thefollowing:

(a) care. upkeep. and maintenance of the Common Property:(b) developments of an Annual Budget and collection of any

. . , . . , ~ ~ J AUt I .J .. IU . IV i . . . . U I I U U . . J VI T ... ~ ..... IU I . I ~ . IU u.no.

any action in support of this obl.igation of administration so long as such aotionis not prohibited by the unit plan. these By-laws. the Act or any other Law.

2) Wlthout prejudice the generality of sub-section 1) the powers andduties of the Management Committee shall include. but not limited to thefollowing:

(a) care. upkeep, and maintenance of the Common Property:(b) develooments of an Annual Budl et and collection of anv

il


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(c) employment and dismissal of c::ontractors and personnel asnecessary for the efficient management and operation of the uhitproperty: .

(d) adoption and amendment of By-laws. consistent with theRegulations and the Act. ~ r other laws g'lyeming tpe use of theunit propeny; .

(e) opening bank accounts, borrowing money. and issuing evidencesof indebtedness in furtherance of the purposes of the Association,apd designating signatories required for such purpose;

(f) keeping books of accounts and records containing expenses andreceipts of administration. specifying the maintenance and repairexpenses of the common property (jnd any other expenses incurredby or on behalf of the Association and its members. Such accounts shall be open for inspection by the co-owners and their mortgageesduring reasonable hours:

(g) prepare and distribute a l financial statement to each co-owner atleast once a year, the contents of which will be defined by theAssociation. The books and records shall be reviewed annualJy

. and audited at such times as required by the Committee membersby qualified independent accountants. The cost 'of suc;h an annualreview or audit shall be at the cost of the Association ;

(h) obtaining insurance for the common property, the premiu ms of whichshall be an expense of Association;

(i) gra lting licenses for the use of the common property for purposesnot inconsistent with the .provisions of the Act or of the unitdocuments;

0) authorizing the execution of contracts, deeds of conveyance.easements, and rights-of-way affecting any real or personalproperty of the Unit Property on behalfofthe co-owners;

(k) making repairs, additions, and improvements to, or alterations of,the Common property, and repairs to and restoration of he commonproperty after damage or destruction by fire or other casualty, or asa result of condemnation or land acquisition proceedings under therelevant laws;

. I) asserting, defending, or settling claims on behalf of all co-ownersin connection with the common property of the unit property and,upon written notice to all co-owners, instituting actions on behalfof and against the co-owners in the name of the Association: and

(m) such further duties as may be impoied by resolution of the coowners of the Association or that may be required by the ~ c t

26 The ManaQement Committee mav emolov a Mana2in2A2ent as orovidedrelevant laws;. I) asserting, defending, or settling claims on behalf of all co-ownersin connection with the common property of the unit property and,upon written notice to all co-owners, instituting actions on behalfof and against the co-owners in the name of the Association: and

(m) such further duties as may be impoied by resolution of the coowners of the Association or that may be required by the ~ c t

, \L. T L ....... .1 . - . . . ............. _ _ _ _ _ 1 _ . '''nn''n: n A 1 Y : a ~ f~ r .... ; ~ o A

Managing

Manae.ine.


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Unit TitlesGN No 357 conld.)

GeneralFunds

Determination ofAsscssrnent5

FinancialYear

RoutineCollections

DefaultonPayment

perform such duties and services as the committee shall authorize , including,

but not limited to the powers and duties described under by-law 25.

PART VFINANCE

27.- 1) The Association shall establ ish a fund or funds for the generaladministration of the association as provided in section 59 of the Act.

2) The Association shall establish and maintain a fund to be known as theSinking Fund. to be used for major repair and replacement of common property

as provided for under sections 60 and 6 of the Act.

28. Assessments shall be determined by the Management Committee.

2) The annual assessment to be levied against each unit in the unit propertyshall be determined on the basis of the Annual Budget and shall be equal to anamount necessary to meet the obligations of the Annual Budget.(3) The Annual Assessment shall be apportioned in a manner consistentwith these By-laws.

29.-{ 1 The financial year of the Association shall begin on the . . . . . . . . . . . . dayof .. . . . . . . . . . of every year.

2) The commencement date of the fiscal year herein established shall besubject to change by the Annual General Meeting.

30. All monthly installments of the annual assessment shall be due andpayable in advance on the first day of the month ( due date ).

31. - I) Each co-owner shall be obligated to make payment of all assessments

levied upoo the co-owner's Unit during the time that the person is the co-ownerof the unit.

2) No co-owner may be exempted from liability for the co-owner'scontribution toward the expenses of administration by waiver of the use orenjoyment of any of the Common Property, or by the abandonment of a unit.

Obligation 32. The payment of an assessment shall be in default if the assessment, orany part, is not received by the Association in full on or before the due date forsuch payment established by the By-laws of the Association.__

2) No co-owner may be exempted from liability for the co-owner'scontribution toward the expenses of administration by waiver of the use orenjoyment of any of the Common Property. or by the abandonment of a unit.

Obligation 32. The payment of an assessment shall be in default if the assessment, orany part, is not received by the Association in full on or before the due date forsuch payment established by the By-laws of the Association.


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33. In the event of default by any Co-Owner in paying any periodic paymentof an assessment, the committee may:

(a) declare all unpaid installments of any assessment for the pertinentfinancial year to be immediately due and payable; and

(b) may impose reasonable penalty on delayed payments and interesta ~ the commercial rate upon such assessment.

34. In the event of default, the following shall constitute a lien orr'the unitprior to all other liens, except tax liens in favor of the government or taxingauthority and S4mS unpaid upon a mortgage registered prior to the registrationof any notice of lien by the Association, unpaid assessments, together withinterest on the unpaid assessments, collection charges, and late c h a r g e s ~advances made by the Association for taxes or other liens to protect its lien;attorney fees: and any other fines imposed in accordance with the unitdocuments, .

35. The Association may impose fines upon a co-owner for failure to complywith any of the terms or provisions of the unit documents so long as theAssociation provides notice to the co-owner to show cause .

36. Failure to comply with any of he tenns or provisions ofthe unit documentsshall entitle the Association to enforce the collection of all sums due for damagesin a suit at law for a money judgment or in equity for injunctive relief or sale ofthe liens securing payment of any assessment in default, as provided by section63 of the Act. In any action arising out of an alleged default by a co-owner. theAssociation shall be entitled to recover reasonable costs and attorney fees asdetennined by the court.

37. The Association shall. on its own and on behalf of the owners. obtainand maintain an insurance policy covering the units and common properties asprovided under section 81 of the Act.

PART VIENJOYMENT, USE AND UPKEEP OF PRIVATE AND COMMON PROPERTY

38. - 1) Every co-owner shall have a right of enjoyment of the private unit.private common property. general common property and appurtenant to unitproperty.

(2) Every co-owner shall pass with the title to e ery unit subject to thefollowing- .

~ \ tn I I C P hie: IInit ~ n r lthp ~ n n n~ r ~ ~fl)t h i ~ nw.n np{;4c;.;I well a sENJOYMENT, USE AND UPKEEP OF PRIVATE AND LOMMON t ROPE

38. - 1) Every co-owner shall have a right of enjoyment of the private unit.private common property. general common property and appurtenant to unitproperty .

(2) Every co-owner shall pass with the title to e ery unit subject to thefollowing-

_ . . . - _ . _ r L _ J _ I I _ _

LegalRemedies.forDefault

Lien

Fines

Enforcement

Insurance

Coowner:>rights ofenjoymentandobligations

Coowner:>rights ofenjoymentandobligations


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Obligationof coowner

Nuisancer

annoyance

Nuisancer

annoyance

and licensees for access in anci out of the respective Units, and forother purpose ) incidental to the use of l n t s ~

(b) without the approval of the association or any other co -owner, totransfer his unit to any other person by sale , lease, gift, bequest,devise, pledge or mortgage or any other manner permitted by law;

(c) t participate in the management ofthe association in accordancewith the provisions of these B y I a w s ~

(d) to elect and be elected to the association 's Management Committee;

(e) a co-owner who suffers prejudice by the carrying out of work ,through a permanem diminution in the value of his unit, a gravedisturbance or deterioration of enjoyment, even if temporary. isentitled to compensation from:

i) the Association, if the Association ordered the work: or

ii) if it did not, from the co-owners who did the work.

(t)to have and exercise other rights that do not contradict with theprovisions of the Act and any other \vrinen law.

39.- 1) Each Co-owner shall be obliged(a) to observe the By-laws;(b) to contribute to costs of maintaining and operating the pror:erty ,

including the contingency fund, in proportion to his actionalshare:

(c) for co-owner who uses common areas for restricted Llse shallcontribute to the coasts resulting for those portions;

(d) even in his unit , he shall not interfere with the carrying out of workrequired for the conservation of the property approved by theAssociation or ofurgem work.

40 ..- I) A unit owner must not use the unit, or permit it to be used, in a waythf,lt causes a nuisance or substantial annoyance to an owner or occupier or userof another unit.

(2) The provisions of sub-by-Iaw 1 )shall not appJy to use of a unit i heManagement Committee has given an owner , occupier or user of the unitwritten permission for that purpose.

ASSOCiation or or urgent work.

40 ..- I) A unit owner must not use the unit, or permit it to be used, in a waythf,lt causes a nuisance or substantial.annoyance t an owner or occupier or userof another unit.

(2) The provisions of sub-by-Iaw 1 )shall not appJy to use of a unit i heManagement Committee has given an owner , occupier or user of t.he unit\ v r i l tpn n p r i


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(3) Permission may be given subject to stated conditions.

(4) Permission may be withdrawn by special resolution of the Associat ion ..

4) . -{ I) A unit owner shall not make, or permit to be made such a noise within Noisethe unit in the circumstances likely to cause substantial annoyance to an owner,occupier or user of another un it.

2) The provisions ofsub-by-Iaw(l) shall not apply to the makingofa noiseif the Management Committee has given the person responsible for making thenoise written permission to do so .

(3) Permission may be given subject to stated conditions.

-. 4) .Permission may be withdrawn by special resolution of the Association.

42.- I) A unit owner shall not keep. or permit to keep, any animal or birdwithin the unit or on the common property.

(2) The provisions of sub-by law ( l ) shall not apply to the keeping of ananimal or bird if the Management Committee has given the person keeping the

animal written permission to do so.

(3) Permission may be given subject to stated conditions .

(4) Permission may be withdrawn by special resolution of the Association.

43. A unit ownrr shall not use a unit, or permit it to be u s ~ to contraveneany written law.

44. A co-owner shall not use, or permit any occupant, agent, tenant. invitee,

guest, or memberofthe co-owner s family to use firearms , air rifles, guns, bowsand arrows, illegal fireworks or other dangerous weapons or devices anywhereon or about the property.

45.-{ I Drive ways shall remain clear at all times to facilitate access amongall Co-Owners to their individual garage units and there shall be no stopping,standing or parking in the drive ways and general parking at any time.

(2) The drive ways shall not be used for any purpose other than access tothe individual garage units or parking lots without the prior written pennission

on or about the property.

45.-{ I Drive ways shall remain clear at all times to facilitate access amongall Co-Owners to their individual garage units and there shall be no stopping,standing or parking in the drive ways and general parking at any time.

(2) The drive ways shall not be used for any purpose other than access tothe individual garage units or parking lots without the prior written pennission

Animalsand birds :

Illegal useof unit

FirearmsandWeapons

Driveways,generalparkingareas andlots

Driveways,generalparkingareas andlots


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se ofcommonareas

FireSafety

3) Any vehicle, whe ther owned by a co-owner or another individual, shall

be subject to the towing policy of the Association as determined from time totime by the Association or its managing agent.

4) The Association and its managing agent shall not be liable for any costsor expenses incurred as a result of an illegally parked vehicle removed from thepremises.

5) No commercial vehicles, heavy duty tracks or trailers shall be parked orstored anywhere within the property without the prior written approval of theAssociation.

6) No maintenance or repair shall be performed on any kind of vehicle.except within a garage or residence where such work shall be isolated frompublic view.

7) f at any time the Association is able to provide additional parking in

excess of the individual garage spaces appurtenant to each Unit. then theAssociation will propose a written parking policy for such additional parking tobe adopred by majority vote of the Association

46. The common areas shall be for the quiet use of co -owners. family members,occupants. guests and invitees. For any prior planned gatheringin the commonareas, the host co-owner shall first receive written perm ission to use the commonareas from the association . At all times. use ofthe common areas shall adhere toa quiet time policy where no noise that may disturb any occupants of any of theother Units shall emanate from the common areas. The Association reservesthe right to impose reasonable user fees for use of the common areas and anyfurniture or equipment located therein.

47.- I) Each co-owner shall abide by the general fire safety Regulations and

precautions issued by local authorities.

2) No co-owner shall knowingly pennit any fire to ignite or spread so as toendanger the life or property of another, nor operate any device which may bea source of ignition unless reasonable precautions are taken to ensure againstl ~ starting and spreading of unfriendly f i r s ~

3) No co-owner shall deliberately, or through carelessness or negligence.set fire to or cause the burning of any material in such manner as to endangerthe safety of any person or property:

2) N