Strata Titles Registration Act (Cap. 56:52)

LAWS OF DOMINICA STRA TA TITLES REGISTRATION ACT CHAPTER 56:52 Act 25 of 1971 Amended by 19 of 1980 CurrentAuthorised Pages Pages Authorised (inclusive) byL.R.D. 1-2 111995 3-20 111991 21-34 111995 L.R.o.1I1995 2 Chap. 56:52 Strata Titles Registration Index ui Subsidiary Legislation Strata Titles Registration Regulations Page 22 Strata Titles Registration CHAPTRR 56::52 Chap. 56:52 3 STRATA TITLES REGISTRATION ACT ARRANGEMENT OF SECTIONS SECfION 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. Requirements of 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. Appointment of an administrator. 14. Destruction of the building. 15. Voting rights. 16. Regulations. 17. Rules of court. 18. Offences. FIRST SCHEDULE. SECOND SCHEDULE. TTlrl1l1001 4 Chap. 56:52 Strata Titles Registration 25 of 1971. Commencement. Short title. STRATA TITLES REGISTRATION ACT AN ACT to facilitate the subdivision of land in strata and the disposition of titles therein and for matters incidental thereto or connected therewith. [21st October 1971] 1. This Act may be cited as the STRATA TITLES REGISTRATION ACT. lnterpretation. [19 of 1980]. 2. In this Act "building" means the building or buildings shown in a strata plan; "common property" means, in relation to any strata plan, so much ofthe 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 High Court; "Minister" means the Minister responsible for Legal Affairs; "executive committee" means executive committee of the corporation First Schedule. constituted under the First Schedule; "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; "stratalot" means a portionoflandcomprised 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 unanimously passed at a rllIlu rnnupnprl mpptincr nfthp rn1TV"\r<>tinn <>t Ulhirh "lll nPNnnt! entitled to exercise the power of voting coni-erred by or under tms Act an:~ present personally or by proxy at the time of the motion; "unit entitlement" means~ in relation to any strata lot, the numb..cr Strata Titles Registration Chap. 56:52 5 ,...... .. .... ~..... 0. .. eo. .... ~ •• •• • ~i= f i j l -,anetiinCi~r ti1~ ()r:~r::ii1on nr ti1~ 'i'lti~ nv i<~Plstr3ilnn Act ourxnvrsion uno may be s~bdivided into strata lots in accordance -with~a strata plan ~~~~~~~~.. registered by the Registrar ofTitles 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 Title by Registration Act. (3) A strataplanshall, forthe purposesof theTitleby Registration Act, be deemed upon registration to be embodied in the Register kept under that Act and notwithstanding the provisions of that Act the proprietor ofeach strata lot shall hold such strata lot and his share in the common property subject to (a) any interests affecting such strata lot or such share; and (b) any amendments to strata lots or common property 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 Title by Registration Act may be subdivided into strata lots, a strata plan may be lodged for registration, and acts preparatory to the registration thereof may be done in relation thereto, before the land comprised therein is brought under the opera­ tion of the Title by Registration Act. (5) The provisions of any other enactment relating to the subdivision ofland for sale or for the purpose ofbuilding thereon shall to such extent as may be prescribed by Regulations under this Act not apply to land comprised in a strata plan. 4. (1) The proprietors of all the strata lots contained in any strata The corporation. plan shall, upon registration ofthe strata plan, become a body corporate (hereafter referred to as "the corporation") under the name "The DrnnriJ"ttn~ ~tr':1t':) '01-:." l\.Tn "(Ul1th th~ '::Innrnn"';qtt:lo nlltnhPr nf th(ll...... -1' .." ..- , -l'.t' y.a ...., strata plan inserted in the blank space). ~L.j me corporauon snail nave perpeIUai succession ana a ~ "1 ...:1'1- ..... "1 £ ~ ...l L ::= ..JI.::= .:=.... connuun ~CQl auu ~ capauie Ui suiug anu ~llig ~U\,;U ill li1:j naurc. (3) The provisions ofany enactmentproviding for the incorpo­ ration, regulation and winding-up of companies shall not apply to L'1e T."RnlI1001 6 Chap. 56:52 Strata Titles Registration . . l.lU.Ue5 aiiu powers of the corporation. ;: II '\ !"T'h~ nllr;~", of" th~ l"£'\1'TV'\r'lh!"' C'h'l1i ~"!"lHA~ 'th~ +:,,.~JlrH ~~"O'· -=-• ..:..; ..:..:..:.~ -::....::.:....:.:....:-:.."..-::::. :. -- ~--=.- ="'----= ~-"--=':-':-==-"'--=-':. :..:-=-..::.~ =.:.~.:.,:.=-':..~~ :...:..::.~ ..:.~.::....::.':,..: "'''''='='::'0 (a) to insure and keep insured the building to the replace­ ment value thereof against fire, earthquake, hurricane and such other risks as may be prescribed unless the proprietors by unanimous resolution otherwise deter­ mine; (b) to effect such insurance as it may be required by law to effect; (c) to ensure against such risks other than those referred to elsewhere in this subsection as the proprietorsmayfrom time to time by unanimous resolution determine; (d) subject to the provisions of section 14 and to such conditions as may be prescribed, to apply insurance moneys received by it in respect of damage to the building in rebuilding and reinstating the building sofar as it may be lawful to do so; (e) to pay premiums on any policies of insurance effected by it; if) to keep in a state of good and serviceable repair and properly maintain the common property; (g) to comply with notices or orders by any competent public or local authority requiring repairs to, or work to be done in respect of, the parcel; (h) to comply with any reasonable request for the names and addresses ofthe members ofthe executive commit­ tee. (2) The powers of the/corporation include the following: (a) to establish a fund for administrative expenses suffi­ cient in the opinion of the corporation for the control, management and administration of the common prop­ erty, tor the payment ofany premiums ofinsurance and fnr thp di~{'h,!!"q",of ~T!V of ~!-" 0!-~",!" 0hl~ '!~'-;~T1": (b) todetermine from timeto timethe amounts tobe raised for the fund referred to in paragraph (a) and to raise amounts so determined by levying contributions on the pr-oprictor-s in preportion to the unit entitlementof u;eir -..: -- --"" Strata Titles Registration Chap. 56:52 7 (r 1 tn TPrnvpr 'from ~nv nrnnMPtnr hu~" !l!""t1on "for npht in ------ --..1 ;;:----~---------: -- " -- -...,....,.----- --.-- ----- any court of competentjurisdiction, any sum of money expendedby thecorporationfor repairsto or workdone by it or at its direction in complying with any notice or orderby acompetentpublicor local authorityin respect of that portion of the building which constitutes or includes the strata lot of that proprietor; (d) toenter anystratalot andeffectrepairsorcarryoutwork pursuant to its duty under subsection (l)(g). (3) Subjectto the provisionsofsubsection(4),anycontribution leviedpursuant to subsection(2)shallbedueandpayableon thepassing of a resolution to that effect and in accordance with the terms of the resolution, and may be recovered as a debt by the corporation in an actionin anycourtofcompetentjurisdictionfromtheproprietorentitled at the time when the resolution was passed and from the proprietor entitled at the time when the action was instituted, both jointly and severally. (4) The corporation shall, on the applicationof a proprietor or any person authorised in writing by him, certify (a) the amount of any contributiondetermined as the con­ tribution of that proprietor; (b) the manner in which the contribution is payable; (c) the extent to which the contribution has been paid by that proprietor, and, in favour of any person dealing withthat proprietor, the certificate shall be conclusive evidence of the matters certified therein. (5) A policy of insurance authorised by this section and in respectof the building shallnot be liable tobe broughtinto contribution withanyother policyofinsurance saveanotherpolicyauthorisedbythis section in respect of the same building. ,;. fl) '!'h", (,0~!''!!i,,!'. ~h'!!! cause !0 ~ k",n! '!! '! ('n!'."T\;(,'.!0'.!~ Service of place at or near the f~m.~f ~e land to which the relevant strata plan ~~;;~:;~;~n~~~ ~~~ relates a receptacle suitaoie tor PUIposes of postal delivery, with the name of the corporation clearly shown thereon. r D n t i t ruv t 8 Chap. 56:52 StrataTitlesRegistration Requirements of a strata plan. the receptacle referred to in subsection (1). 7. (1) Every strata plan shall (a) have a title orheading in whichitis describedas a strata plan; (b) showthewholeor anypart of thelandcomprisedtherein as being dividedinto two or more strata, whetheror not any of the 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 containing such particulars as may be necessary to identify the title to the parcel; (e) include a drawing illustrating the strata lots and distin­ guishing the strata lots by numbers or other symbols; if) definetheboundariesofeach stratalot in thebuildingby referenceto floors,wallsandceilings,so,however,that it shall not be necessary to show any bearing or dimen­ sions 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 numberequalto the aggregateunit entitlementof all the strata lots; (i) have endorsed upon it the address at which documents 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 lnt ".:Inn ronrnrnnn n1Y'\.nArlu ('h~l1 11"10C'C' n.~horn.riC'o C'nAro-i-fioA -in 'tho relevantstrataplan, bethecentreof the t1oor, wallorceilingbetweenthe strata lots or between the strata lot and common property, as the case maybe. (4) TIle-urlit entitlement of each strata lot shall, as respects tI;C Strata TitlesRegistration Chap. 56:52 9 property; and (b) the proportion payable by him of contributions levied pursuant to section 5(2). 8. (1) In respect of every strata lot there shall be implied - Easements. (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, arti­ ficially heated or cooled air, and other services (including telephone, radio and television services) through or by means ofpipes, 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 the pipes, wires, cables or ducts arecapable of being used in connection with the enjoyment of the 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 the strata lot; (ii) easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artifi­ cially heated or cooled air, and other services (in­ cluding telephone, radio and television services) through or by means of any pipes, wires, cables or ... r-.... • .... • ..... .• UUCIli lor me ume oemg exisung WIUlUl uie strata lot. as aoourtenant to the common orooertv and to ........ - ...... \;d~\;lH\;i1i ..~. (2) The proprietor of a strata lot shall be entitled to have his strata lot sheltered by ::!11 such parts of the bnilrling as are capable of LRD.1I/99/ 10 Chap. 56:52 StrataTitlesRegistration By-laws. First Schedule. Second Schedule. (,~) OO-fi1P nO'ht rrp~tprihu ~l1h~p~tin" ('J\ "h~ll ~ ~" p~~~rnpnttn .,.- - ~--- --,;:::--- ------- --- ----------- ~.-.: ----- --....,.. -- -=-~---=-----=---'='" -= which the aforesaid parts of the building shall be subject and the 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 any easement effective shall apply in relation to easements implied or created by this section. 9. (1) Subject to the provisions of this Act the control, manage­ ment, administration, use and enjoyment of the strata lots and the common property contained in every 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 shall not be amended or varied except by unanimous resolu­ tion; (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 orrestrict 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 notifica­ tion thereofin 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) Tne corporation shall on the application of a proprietor or anv nerson authorised in writinz hy him make available for insnection me oy-iaws ror me ume oemg m rorce, (7) The by-laws for the time being in force shall bind the corporation and the proprietors to the same extent as if the by-laws had ... -...... ,; ....- ...- .. ,;; , ...- .....;-~ ..; ..... ..---~- ...~ ~- -~- --- ..--~----- ---- ......:: - -- .: " Strata Titles Registration Chap. 56:52 11 proprietor and with the corporation to observe and perform all the provisions of the by-laws. (8) Anyproprietor infringing anyby-law madeunderthis Act isliableonsummaryconvictiontoafineoffivehundred dollars foreach day the offence continues. 10. (1) The common property shallbe held by the proprietors as Ownership of tenants incommoninshares proportional to theunitentitlementoftheir ;ro';::;. respective stratalots. (2) TheRegistrar of Titlesshall, 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 propertyshallbedisposedofexceptasappurtenanttoastratalotandany assurance ofastratalotshalloperate to assure theshareofthedisposing partyin the common property without express reference thereto. 11. (1) The proprietors may by unanimous resolution direct the Disposition of . f commoncorporationtotransferorleasethecommonpropertyoranypartthereo . property. (2) If the corporation is satisfied that the resolution wasduly passedandthatallpersons havinginterest, ofwhichthecorporationhas notice in the parcel have consented in writing to the release of those interests in thelandcomprisedintheproposedtransferorleaseor,inthe caseof a lease,have approved in writing of the execution of the lease, the corporation shallexecute the appropriate transferor leaseand the transferor lease shallbe valid andeffective without execution by any personhavinganinterestinthecommonproperty, andthereceiptofthe corporation forthepurchase money, rentorothermoneypayable tothe corporation underthe termsof the transfer or leaseshallbe a sufficient discharge and shallexonerate all persons takingunderthe transfer, or thelease,as thecasemaybe,from anyresponsibility fortheapplication of the moneys expressed to havebeen received. (3) Everysuchtransferorleaselodged forregistration shallbe corporation that the resolution referred to in subsection (1) was duly passed,that the transferor lease conforms with the terms thereofand thatallnecessary consents weregivenandthecertificateshall, infavour of purchasersof t.l}e commonproperty&71d L'1 favourof t'1e Registrarof. . -- --- -- --- ------; ;;;;;;;;:--:~,.;: .-;;.;;- ;;:-;;.;;:;;-;;;;;;:;,,:-.- -0:- .- .~.-,;.-.; -:: ..- - ..-•••••- . r D I'l 1/1001 12 Chap. 56:52 StrataTitlesRegistration Creation of easements and covenants. Appointment of recklessly, or knowing thatit is false in anymaterial particularis liable on summary conviction to a fine of three thousand dollars and to imprisonment for six months. 12. (1) The proprietors may by unanimous resolution direct the corporation (a) to execute on their behalf a grant of easement or a 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 passedandthatallpersons havinginterest, of whichthecorporation has notice, in the parcelhave consented in writing to the release of those interestsin respectofthelandcomprisedintheproposeddisposition the corporation shallexecutethe appropriate transferor covenant, and the transferor covenant shallbe valid and effective withoutexecutionby any person having an interest in the parcel, and the receipt of the corporation for anymoneypayable to it underthe termsof the transfer shall be a sufficient discharge and shall exonerate all persons taking under the transfer from any responsibility for the application of the moneysexpressed to have been so received. (3) Everysuchtransferorcovenant lodgedforregistration shall be endorsedwithor accompanied by a certificate underthe seal of the corporation that the resolution referred to in subsection (1) was duly passed and that all necessary consents were given, and the certificate shall,in favourof persons dealingwiththecorporation pursuant to this sectionandin favourof theRegistrarof Titles,be conclusive evidence of the facts statedtherein. (4) AnyPerson whoissuesanycertificate undersubsection (3) recklessly or knowing that it is false in anymaterial particularis liable on summary conviction to a fine of three thousand dollars and to imprisonment for six months. 13. (1) Thecorporation or anypersonhavinganinterestin a strata lot may apply to the Court for appointment of an adillinistrator. (2) TheCourtmayin its discretion on causeshownappointan administrator for anindefinite period or for a fixed period on such terniS Strata Titles Registration Chap. 56:52 13 remuneration 41,d expenses of u~e administrator shallbe anadministra tive expense within the meaning of this Act. (3) The administrator shall, to the exclusion ofthe corporation, have the duties and powers ofthe corporationor such ofthose duties and powers as the Court shall order. (4) The administrator may delegate any ofthe 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. 14. (1) Where the building is destroyed - Destruction of the building. (a) the corporation shall forthwith lodge with the Registrar ofTitles, in such form as may be prescribed, a notifica tion of the destruction; (b) the Registrar of Titles shall, upon receipt of the notifi­ cation, make, in such form as may be prescribed, an entry thereofon the registered strata plan; and thereaf­ ter; (c) the proprietors of all the strata lots contained in the 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 ofthe parcel and to the creationofany easement or restrictive covenant burdening or benefiting it. (2) For the purposes of this Act, the building referred to in subsec­ tion (1) is destroyed (a) when the proprietors by unanimous resolution so re­ solve: or (b) when the Court is satisfied that having regard to the i16H~ diiU uucrescs Ui uic propncuns iUj a wnoic iLiS jUSi. ili'1d e·(imtablc t:.~at L.~C tnlilrl-i!lg sh~11 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 .............. .... ...: j'·""'j'iL..i ........ 1-, '1- . ..J -= i... ...;j~'" ~ ..:i .:; ...~u~~; .:~....,;;...........;~-M .. ;;...;;..~ .......".;;..,;;. ;;;;;;:,.::;. ';- .....- ;;.z ;;;..;;.~;; ;;;.;;;;;.;;-.;..;. ;-.;;...;:u; ......... ;; .......,:;:;.;;;;.;-.. &,,;;;.; L.R.O.1I1991 14 Chap. 56:52 StrataTitlesRegistration o1V~ S11ehdlr~{:ri("ln~ {lfi«::111d-ino d-iwf':t-icln~ fnrtheo. fi;:lVfilp.nt flf filnnfi.V'j:is ~ ~ ~ it thinks fit for the purposeof adjusting,asbetweenthe corporationand the proprietorsand as amongstthe proprietorsthemselves,the effect of the declaration. (4) An application for a declaration under subsection (2)(b) may be made to the Court by the corporationor by a proprietoror by a registered mortgagee of a strata lot. (5) On any application to the Court for a declaration under subsection(2)anyinsurerwhohaseffectedinsuranceon thebuildingor on any part thereof (beinginsuranceagainstdestructionof stratalots or damage to the building) shall have the right to appear in person or by counsel. (6) The Courtmay, onthe applicationof the corporationor any member thereofor of the administrator, by ordermakeprovisionfor the winding-up of the affairs of the corporationand 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 applicationunder this section the Court may make such order for the payment of costs as it thinks fit. (8) The Courtmay fromtime to time vary any order made by it under subsection (3) or subsection (7). Voting rights. 15. (l) Anypowersofvotingconferredby orunder this Actmaybe 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 unabletocontrolhis property,by thepersonwhofor the timebeing is authorisedby law to control that property. (2) Where the Courtupon the applicationof the corporationor of anyproprietoris satisfiedthatthereis nopersonabletovotein respect of a strata lot the Court i':.~'; :':':'':'~7'':'''':'':'~~:':~~ ,;,,=,.:..:.,,,-,.:.~;..;.~.:.~.:...:..:..:..:.';.,..~U'.:.,,,-,:.: ........:..':..:.:....=. .......:..:...:.:.:.:.,,,-,,"'-i~':'~'~ hv this Art- ~nn-..l .......-.,. - - .......~ ~ (b) may in its discretion in any other case, appoL~t some fit 3.!'1d pror~r r~rson for L'1e purp«)se of exercisL.!g the Strata Titles Registration Chap. 56:52 15 Court may in making the appointment make such order w.Id give such direction as it thinks necessary or expedient to give effect to the 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 the notice. 16. The Minister may make Regulations generally for the proper Regulations. carrying outofthe purposes and provisions ofthis 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 mannerofregistering 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; if) providing for the voting rights ofmortgagees 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 practice and Rules of court. procedure to be followed in relation to applications which may be made to the Court under this Act. HI If thprP 1\: f:ll1l1rp tn rnmnlv Ullth :lnv nntirp nrnpr nr rPnllP\:t Offences. -- ------ -- ------ -- -----r-J .. -- --.I ------., ----- -- --~ referred to in section 5(1)(g) or (h), or with any requirement of section -";,-~.~-~~.~ ---- ---r--------- ------ . --. summary conviction to a fine of one thousand five hundred dollars or to imprisonment for six months. L.R.O.1I1991 16 Sections 2 and 9. Chap. 56:52 Strata Titles Registration ~""C"lr";""l C'"l .......~~"i'" .... "i':l r..i..n.iJ I u\.....ll.n,UULL PROPRIETORS 1. A proprietorshall (a) permit the corporation and its agents at all reasonable timeson notice (except in case of emergency when no notice shall be required)toenterhis stratalotfor thepurposeof inspectingit and maintaining, repairingor renewing pipes,wires,cablesandducts for the time being existing in the strata lot and capableof being used in connectionwith the enjoymentof any other strata lot or commonproperty,or forthepurposeof maintaining, repairingor renewing commonproperty, orforthepurposeofensuringthatthe by-lawsare beingobserved; (b) payall rates, taxes,charges,outgoingsandassessmentsthatmay be payable in respectof 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, tempestor act of God excepted; (d) use and enjoy the common property in such a manner as not unreasonably to interferewith theuse and enjoymentthereofby other proprietorsor their families or visitors; (e) not use his strata lot or permitit to be usedin such manneror for suchpurposeas shallcause a nuisance or hazard to the occupier of any other strata lot (whethera proprietoror not) or the family of such occupier; if) notifythecorporation forthwith uponanychangeofownershipor ofany mortgageor otherdealinginconnectionwithhis stratalot. THECORPORAnON 2. The corporationshall 1 \ ~ ,-- t ..J ..:I ~ ~ ... ...L ........ ~ ~ ....L tu/ ,",VllUVI., IIlalla5'" QIIU aUllIl.Ill;:)L\.i. UI\,;, \,U111I11UII YIV}A-I.LJ 1.VI. Ulv benefitof all proprietors; i iJ) keep In a state at good and serviceable repair and properly .: ... .: ...1- .c. L ~...lI .J:"':"-L~ £: 1 ...JI: 1 '"- '\. ...lI : uraunzuu Lilt; iiXLU..H;~ auu suuugs \iii\,;iUUiiig cicvauns) U~U iii connectionwith the commonproperty; (C) where practicable e-stablish and maintain suitable lawns and ...i ...L "' Strata Titles Registration Chap. 56:52 17 sary j pipes, wires, cables and ducts for the time being existmg in the parcel and capable of being used in connection with the enjoymentof more than one stratalot or commonproperty; (e) on the writtenrequest of theproprietor, or registeredmortgagee of a strata lot, produce to the proprietor or mortgagee, or any personauthorisedin writingby theproprietoror mortgagee,the policyorpoliciesofinsuranceeffectedbythecorporation,andthe receiptor receipts for the last premiumsin respect thereof. 3. The corporationmay (a) purchase,hire or otherwiseacquirepersonalpropertyfor use by proprietorsinconnectionwiththeirenjoymentofcommonprop­ erty; (b) borrow moneys required by it with the approval of the general meeting, in the performanceof those duties or the exercise of thosepowers approvedin generalmeeting; (c) securetherepaymentofmoneysborrowedby it,and thepayment of interest thereon, by negotiable instrument, or mortgage of unpaidcontribution(whetherleviedor not), or mortgageof any propertyvested in it, or by combination of those means; (d) investas itmaydetermineanymoneysin thefundforadministra­ tive expensesin securitiesapproved at a general meeting; (e) makean agreementwith theproprietoror occupierof any strata lot for theprovisionof amenities or servicesby it to the stratalot or to the proprietoror occupierthereof; (f) do all thingsreasonablynecessary for theenforcementof theby­ laws and the control, management and administration of the commonproperty. GENERALMEETINGS it A ,..,0..,.0..,.,,1 rn.oot;nIY nf ..u·nn~t'Jt,trt....€' f:'hnll h.Q h.a.l,l ",~th1n th....OLJo rnnnthco •••• 0-"-'- •..--..··0 ~. t'.~t'.--~.uU"~' v •• .~ ...~.... ~ .. ...~••~.u after registration of the strataplan. S. Subse.quent generalmeetings (hereafter referredtoasannualgeneral meetings)shallbe held once in each year: Provided that not more than fifteen monthsshall elapse betweenthe L.R.o.l/1991 18 Chap. 56:52 StrataTitlesRegistration L All .- ...-....1 .. : ... ...t.. ...,=- ..t.. 1 1 .. ~ '=- 11 't.. u. ..-•.11 l';"'lU;;'l£U 11l~Ullb~UUl~l Ul~U Ule ,allHlUU, gClltiJ.'ll HICCU.Hg~ :SU'lll uc calledextraordinary generalmeetings. 7. Thecorporation maywhenever itthinksfitandshalluponarequisition in writingmadebyproprietors entitledto twenty-five percentof thetotalunit entitlement of the stratalots convene anextraordinary generalmeeting. 8. Sevendays' noticeofeverygeneral meeting specifying theplace,the dateandthehourofmeeting and,incaseofspecialbusiness, thegeneralnature of thebusiness, shallbe giventoallproprietors andregistered firstmortgagees whohavenotifiedtheir interestto thecorporation but accidental omission to give the noticeto any proprietor or to anyregistered first mortgagee or non­ receiptof the noticeby any proprietor shallnot invalidate anyproceedings at any suchmeeting. 9. All business shall be deemedspecial that is transacted at an annual generalmeeting with theexception of theconsideration of accounts, or at an extraordinary generalmeeting. 10. Saveas is in theseby-lawsotherwise provided, no businessshallbe transacted at any generalmeeting unless a quorum of personsentitledto vote is presentat the timewhenthemeeting proceeds to business. Onehalfof the personsentitledtovotepresentinpersonorbyproxyshallconstitutea quorum. 11. Ifwithinhalfan hourfrom thetimeappointed fora generalmeeting a quorum is notpresent,themeeting shallstandadjourned to thesamedayin the nextweekat thesameplaceandtimeandifat theadjourned meeting, aquorum is notpresentwithinhalfan hourfrom the timeappointed for themeetingthe personsentitledto votepresentshallbe a quorum. 12. Atthecommencementofageneral meeting, achairman ofthemeeting shallbe elected. THE EXECUTIVE COMMITTEE 13. Thereshallbe anexecutive committee of thecorporation whichshall, subject to any restriction imposed or direction given at a general meeting, exercisethepowersand perform thedutiesof the corporation. .1'9. i neexecutivecomrmttee snauCOnSlSi: VI nmlesswan i:nree normore .... . - ... ...... " .. ~ .. n h",I' nl~" ,.. n" ", 1 .- I"r .... i.ii~i HAiiv YH.ip.i.ivs..V.i':; a.i;'U ~Ha.i.i s,.=- ~.i~.;..... ;.~.;...s. as- U.i~ .ill~;" bvHV.i;:U ii!~':;:"';'5.!HE; V.l i.!i~ corporation and thereafter at eachannualgeneralmeeting: Provided that where there are not more than three proprietors the ... ~."" ~ """.'" ........,~ ... ,......ft ,.. ~.- .n. .... 6"0 ... "11,.,.,. ,.,. .. nil ......... ..... ..... ""...... Strata TitlesRegistration Chap. 56:52 19 'fF "'i"""";. ~ A .. ;L .. ~i ." '.. • ••"" "iii.;; '., J.;'. r::.XlNJji. wuere Lilt; execuuve comrmuee consists UI all LHe DrUiJneLUrS~ thecorporationmaybyresolutionatanextraordinary generalmeetingremove any member of the executive committeebefore the expiration of his term of officeand appoint anotherproprietor in hisplace to hold office until the next annual general meeting. 16. Any casual vacancyon the executivecommitteemay be filled by the remaining members thereof. 17. The quorumof the executivecommitteeshallbe such numberas the committeemay fix from time to time,beingnot less thanone-half the number of members thereof. 18. At the commencementof eachmeetingtheexecutivecommitteeshall 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 anotherchairman. 19. Atmeetingsof theexecutivecommitteeallmattersshallbedetermined by simplemajorityvoteand thechairmanshall,in additionto anoriginalvote, have a casting vote in any case in which the voting is equal. 20. Subject to the provisions of theseby-laws, the executive committee shall have power to regulate its own procedure. 21. The executivecommittee may (a) employ and dismiss for and on behalf of the corporation a Secretary/freasurer and suchagents and servantsas it thinks fit in connection with the control,managementand administration of the commonpropertyand theexerciseand performanceof the powers and duties of the corporation; (b) subject to any restriction imposedor directiongivenat a general meeting,delegatetooneormoreof itsmemberssuchofitspowers and duties as it thinks fit, and may at any time revoke such delegation; (c) allot duties and responsibilities to the Secretary/freasurer, the agents and servantsof the corporation. (a) see that minutes 01 its meetings are kept by the Secretary/ Treasurer; (b I causeproperbooksof accounttobe kept in respect of all moneys L.R.o.1I1991 20 Chap. 56:52 StrataTitlesRegistration i C j nrenarenrooer accountsrelatinz to ali moneysof thecorn,').ration ..- - and the incomeand expenditurethereof,for each annual general meeting; (d) on the applicationof a proprietoror a mortgagee,of any person authorisedinwritingbyeitherof them,makethebooksofaccount availablefor inspectionat all reasonable times. 23. Thevalidityof theproceedingsof theexecutivecommitteeshallnotbe affected by any vacancyamongst the membersthereofor by any defect in the appointmentof a member thereof. VOTING 24. Atany generalmeetinga resolutionby thevoteof the meetingshallbe decidedona showof handsunlessapoll isdemandedbyanyproprietorpresent 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 withoutproof of the numberor proportionof votes recordedin favourof oragainsttheresolution. A demandfor a pollmay be withdrawn. 25. A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shallbe deemed to be the resolution of the meeting at which the poll was demanded. 26. In the case of equality in the votes whetheron a show of hands or on a poll thechairmanof the meetingshallbe entitledto a castingvotein addition to his original vote. 27. On a show of handseachproprietorshall have one vote; on a poll the votesofproprietorsshallcorrespondwiththeunitentitlementof theirrespective strata lots. 28. On a showof handsor on a poll, votes maybe given eitherpersonally or by proxy. 29. An instrumentappointingaproxyshallbe inwritingunderthehandof 'II 'II .. r------ - -- ----- ---- --------- ----- -------- - -- - - -- -- - ---- - -- . -- ----- --- -- --- - - meeting. A proxy need not be a proprietor. 30. Except in cases where by or under the Act a unanimousresolution is re-quire-d" no proprietor shallbe entitled to voteat &'1y genera! meeting unless Strata Titles Registration Chap. 56:52 21 31. Co-proprietors may vote by proxy jointly apr.ninte..d by lhern~ and in me absence of such proxy shall not beentitled to vote on a show of hands, except when the unanimous resolution of proprietors is requiredby theAct;but anyone co-proprietor may demand a poll. On any poll the 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 voteproportionate to the interests in the strata lotof such of thejointproprietors as do not vote personally or by individual proxy. 32. Where proprietors are entitled to successive interest 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 whetherby the Act the unanimous resolution of proprietors is required or not. 33. Where a proprietor holdshis strata lot as a trustee, he shallexercise 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 shallat the rustgeneral meeting heldafterregistration 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 SCHEDULE 1. A proprietor shall not (a) use his strata lot for anypurpose which may be illegal or injurious to the reputation of the building; (b) make undue noise in or about any strata lot or common property; or (c) keep any animals on his strata lot or the common property after notice in that behalf from the executive committee. i.. When the purpose tor which a strata lot ISmtendeu to De used is SHown expressly or by neceSSfuJ~ implication on or by u~e registered strata pl'll*1; Li;.c proprietor of the strata lot shall not use it or permit it to be used for any other purpose. (Section 9). L.R.o.l/1995 22 Chap. 56:52 [8ubsidiary] Strata Titles Registration Strata Titles Registration Regulations SUBSIDIARY LEGISLATIUf'': STRATA TITLES REGISTRATION REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title. 2. Interpretation. 3. Register of strata plans. 4. Mode of preparation and composition of strata plan. 5. Certificates required to be endorsed on or accompany strata plan. 6. Form of application. 7. Registration of strata plan. 8. Endorsement of notification under the Title by Registration Act on certificate of title. 9. Alteration of registered strata plan. 10. Instruments to comply with regulation 4. 11. Form of certificate under the seal of the corporation. 12. Form of notification of destruction of building. 13. Form of notification pursuant to section 9(5) of the Act. 14. Order of court appointing administrator and order made pursuant to regulation 25 may be lodged with Registrar. 15. Registration of transfer. 16. Registration of lease. 17. Registration of easement or restrictive covenant. 18. Endorsement on registered strata plan ofnature ofinstrument. 19. Plan sub-divisionofcommonpropertycomprised in registered strata plan. 20. Endorsement of notification of destruction on strata plan. 21. Cancellation of registered strata plan. 22. Endorsement of notification of amendment of By-laws on .... .... 1 ~llala l-'~all. 23. Exercise of power of voting. ~,. .i. Vil""J Vi iiiuu.,iw.ii\,.o", iih4J LA,;:. ~ii~""i.~U Vi" iJH...ipiiiiViUi iii j\;~~L-i.\Ji &11y damage to his strata lot 25. Order by court to settle a scheme for damage to buildings. SCHEDIJLE Strata Titles Registration Strata Titles Registration Regulations SUBSIDIARY LEGISLAnON Chap. 56:52 23 [Subsidiary] STRATA TITLES REGISTRATION REGULATIONS made under section 16 [4th April 1991] 1. These Regulations may be cited as the STRATA TITLES REGISTRATION REGULATIONS. 15/1991. Commencement. Short title. 2. In these Regulations "Registrar" means the Registrar of Titles. Interpretation. 3. The Registrar shall keep a register of strata plans and shall Register of strata record therein particulars of all strata plans lodged in his office for plans. registration pursuant to the Act. 4. (1) Every strata plan lodged in the office of the Registrar for Mode of registration preparati~n and composiuon of (a) shall be prepared on one side ofwater-marked tub-sized strata plan. azure laid ledger paper containing not less than sixty per cent rag fibre and being of not less substance than 113 grammes per square metre (50 pounds per 500 sheets of double demy (20 inches x 31 inches)) and not less bursting strength than 50 pounds per square inch (with a tolerance of twenty per cent); the paper shall not be creased and shall be free from discolouration or blemishes, shall measure 151 / 2 inches in length by 10 inches in width and shall have clearmargins on the face of each sheet ofnot less than 11 / 2inches on the left-hand side and not less than 11 2 an inch on the right-hand side, M thp tnn !Inri !It thp hnttnfYI' (b) sh(lJl comprise (i) a first sheet in the form prescribed as Form 1in the Form I. Schedule (using annexures thereto where Schedule. L.R.o.1IJ995 24 Chap. 56:52 [8ubsidiary] Strata Titles Registration Strata Titles Registration Regulations prescribed bysection 7(1){c), (d), (h) and (l) of the Ch.53:04. Schedule. Act; and (ii) further sheets containing the particulars required by section 7(l)(e), if), (g) and (i) of the Act. (2) Each further sheetofa strata plan shall be endorsed in the top right -hand comer- "sheet of sheets". (3) The diagram prescribed by section 7(l)(c) of the Act shall be drawn with the north point directed upwards and shall be to a scale which will admit of all details and notations being clearly shown and such diagram shall show offsets in any case where part of the building is within six feet of a boundary of the parcel but no other dimensions shall be necessary. The external surface boundaries ofthe parcel shown in any such diagram shall, if the Registrar of Titles so requires, be defmed by a plan ofsurvey preparedin accordance with the Land Survey Act. (4) Any floor plan prepared for the purposes of section 7(l){j) ofthe Act shall be drawn with the north point directed upwards and shall be of a size which will admit of all details and notations being clearly shown. (5) The strata lots shall be numbered consecutively, commencing with strata lot 1 and terminating with a strata lot numbered to correspond to the total number of strata lots comprised in the strata plan. Different parts ofa building which constitute a single strata lot shall bear the same strata lot number. (6) The Schedule specifying the unit entitlement of each strata lot pursuant to section 7(l)(h) of the Act shall include on the right -hand side a column ofnot less than 11/ 2 inches in width to enable insertion of references to the certificate of title in respect of each strata lot in the strata plan, and the vertical interval between items in such Schedule shall be not less than 3/ 10 inches. (7) Typewriting may be used if the characters are typed with a dense black non-copying record ink and the lines of typewriting do not blur or spread or are liable to mark or damage an adjacent sheet shall not (8) Handv/riring shall bc clear mid legible and in permanent black non-copying ink. (9) Printing. writing or drawing shall not extend into any Strata Titles Registration Strata Titles Registration Regulations Chap. 56:52 25 [Subsidiary] (10) Alterations shall be made by strJdTlg through the matter intended to be rejected and not by rubbing, scraping or cutting the surface of the paper. 5. Every Strata plan lodged for registration shall be endorsed with or accompanied by a certificate (a) of a land surveyor commissioned under the Land Survey Act, that the building shown on the strata plan is within the external surface boundaries of the parcel, and where eaves or guttering project beyond such external boundaries, that an appropriate easementhas beengranted as an appurtenance of the parcel; where such certificate is not endorsed on the strata plan it shall be in the form ofForm 2 in the Schedule; Certificates required to be endorsed on or accompany strata plan. Ch.53:04. Form 2. Schedule. (b) of the Development and Planning Corporation, (if the parcel is in an area to which a development order under the Town and Country Planning Act, applies) that permission 17 of 1975. to carry out development of the kind shown in such strata plan has been granted. 6. Every application for registration of a strata plan shall indicate Form of the name andpostal address of the registered proprietor (or, where at the application. time of such application the land comprised in the strata plan is not under the operation of the Title by Registration Act, the name and Ch. 56:50. address of the person in' whose name the certificate of title is to be issued) and of the party by whom the plan is lodged and shall be produced by delivery to the proper officer at the office of the Registrar accompanied by the duplicate certificate of title, if any, for the parcel. 7. Registration ofa strata plan shall be effected by notifying under Registration of f . strata plan. the seal 0 the office of the Registrar on the first sheet thereof the fact and date of such registration. Q "'T'J.,,,. n ...... ~('lt- ..o ... rohnl1 ..... A".-..-. ...1-. "' ...... ........:-1'::,... ............. .... .c.....:: ...l ...... .: ...... ,..,~ .... ...J r..-. u.... "1........." --.,,, t f uo. ....l.lv ..I."'""'"'b..l.~Ll"J. ~.uu.u. "".l.lUV.lo.,)l U.1 un \,;-1 u~~ (.u..v U.l L.lU,"" .l,;),;)U,,",U .lUI ~••~~.~ .. h 1 · 1 ificati th bv vi f th notification undereac strata ot ill a strata p an a non icanon at y VIrtue 0 e ,-h~ 'r;.1~ h,., r':''''''' ':'"';";';';"'V';'':';''; v.:. -"':'.::w .:. .........'- v J ... ;......6---0 ...............v ...... ""---;........ , ...... i"'" yiVPi i"'i.Vi iiijH..i0 iii':; .lUi. KCgi5ilaiion ACi " L 0 h . 4.1 1 • '.. r-r- • on certificate ofana !!1S snare In UU~ common pro~-erty SUOJeCl to ally interests attectmg title. the same for the time being notified on the registered strata plan and Ch.56:50. subject to any amendments to strata lots or common property shown on L.R.o.1I1995 26 Chap. 56:52 [Subsidiary] Strata Titles Registration Strata Titles Registration Regulations plan. Instruments to comply with regulation 4. Form of certificate under the seal of the corporation. Schedule. Form 3. Form 4. Form of notification of destruction of building. Schedule. Form 5. Form of notification pursuant to section 9(5) of the Act. Schedule. Form 6. Order of court administrator and order made pursuant to regulation 25 may he lodeed consider proper and upon the production of such evidence and the compliance with such requests, if any, as he may think necessary to require or make, may (a) number or re-number any strata lots in a registered strata plan; (b) supply omissions and correct patent errors in a registered strata plan; (c) amend a registered strata plan in such other manner as he may think proper. 10. Every instrument other than the certificates referred to in regulation 5 lodged with the Registrar for the purposes of the Act or these Regulations, shall comply with the requirements specified in regulation 4(1)(a), (7), (8), (9) and (10). 11. A certificate under the seal of a corporation (a) pursuant to section 11(3) of the Act shall be in the form or to the effect of Form 3 in the Schedule; and (b) pursuant to section 12(3) of the Act shall be in the form or to the effect of Form 4 in the Schedule. 12. A notification ofdestruction ofa building given by a corporation pursuant to section 14(1)(a) of the Actshall rein the form or to the effect of Form 5 in the Schedule. 13. A notification given by a corporation pursuant to section 9(5) of the Act shall be in the form or to the effect of Form 6 in the Schedule. 1<1 {1 \ Anv nPr<;:nn ~nnnintpfi ~<;: ~fimini<;:tr~tnrrm rcn anr tn <;:prtinn 1j or the Act may lodge WIth the Registrar an otnce copy ot the order of the Court making such appointment, (2) A corporation may lodge with the Registrar an office copy or an order made by tr~e Court pursuant to regulation 25. Strata Titles Registration Strata Titles Registration Regulations Chap. 56:52 27 [Subsidiary] (3) On receipt of ~UIY such office copy L.~c Registrar shall endorse on the relevant registered strata plan a notification referring thereto, containing such particulars as appear to the Registrar to be necessary, and signed by him. 15. (1) TheRegistrar shall register a transferpursuant to section 11 Registration of transfer. of the Act by issuing to the transferee a certificate of title for the land transferred. (2) Where a parcel is transferred by the corporation after the building is destroyedthe proprietor shallsurrenderto theRegistrar their duplicate certificates of title for cancellation and the Registrar, after cancelling the certificatesof title relatingto the strata lots, shall register the transfer by issuing to the transferee a certificate of title for the land transferred. 16. The Registrar shall register a lease pursuant to section 11of the Act by noting it on the registered strata plan in the manner prescribed by regulation 18. Registration of lease. 17. TheRegistrar shall registertheinstrumentcreating aneasement Registration of . . . 12 fth A b . th easement oror restnctive covenant pursuant to section 0 e ct y noting e restrictive same on the registered strata plan. covenant. 18. On lodgment of an instrument executed by the corporation Endorsement on . 2 th th registered stratapursuant to section 11, I or 14of the Act ere shallbe endorsed on e plan of nature of relevant registered strata plan a memorial stating the nature of the instrument. instrument and such other particulars as appear to the Registrar to be necessary, and such memorial shall besigned by the Registrar. 19. On lodgment at the office of the Registrar of a plan of sub­ division of common property comprised in a registered strata plan it shall not be necessary to produce to theRegistrar the certificates of title for the strata lots comprised in such registered strata plan. Plan sub-division of common property comprised in registered strata ~1.nr v--»: Scnedule me Registrar shall endorse on the relevant registered strata d;;~~~~i'~~~ ~~ plan a notification of the destruction of the building and of the vesting strata pian. of the parcel in the proprietors. The notification shall contain such Schedule. Form 5. particulars as appearto the Registrar tobe necessaryand shallbe signed L.R.O.1I1995 28 Chap. 56:52 [Subsidiary] Strata Titles Registration Strata Titles Registration Regulations Cancellation of registeree strata plan. Endorsement of notification of amendment of By-laws on strata plan. Schedule. Form 6. Exercise of power of voting. Policy of insurance may be effected by proprietor in respect of any damage to his strata lot. building is destroyedthe Registrar (a) shallenterontherelevantregistered strataplananotification of the cancellationthereof; and (b) shall indicate by appropriate charting upon any relevant plan that such registeredstrata plan has been cancelled. 22. Uponreceiptof anotificationin or to theeffectof Form 6in the Schedule the Registrar shall endorse on the relevant registered strata plan a memorialof such notification. The memorialshall containsuch particularsasappeartotheRegistrartobenecessary, andshallbesigned by him. 23. Whereaproprietor's interestis subjectto a registeredmortgage and the mortgagee has given written notice of his mortgage to the corporation,anypowerof votingconferredon aproprietorby or under the Act (a) shall not in any case where a unanimous resolution is required, beexercisedbytheproprietorbutshallbeexercised by the mortgagee first entitled in priority; (b) mayin anyothercaseotherthanthatreferredtoinparagraph (a) be exercisedby the mortgageefirst entitled in priority, and shall not be exercised by the proprietor when such mortgageeis present personallyor by proxy. 24. (l) Where a building is insured to its replacement value a proprietormay effect a policyof insurancein respectof any damage to his stratalot in a sumequal to the amountsecured,at thedateofanyloss referred to in such policy, by mortgagescharged upon his strata lot. (2) Whereanysuchpolicyof insuranceis in force,then,subject to thetermsandconditions of thepolicy,theinsurershallbeliabletopay thereunderto themortgageeswhoseinterestsarenotedthereon,in order ot their respective properties .1' \ .. 1- ~1 4- 4.- ...J ~ ~L ~1':~ • ~ - - .. - - - - - - -- .. (b) the amount of the loss;or (c) theamountsufficient, atthedateoftheloss,todischarge mortgagescharged upon the strata lot, 1-'::: 1- . ': 4-'i- 1 4- 4 Strata Titles Registration Strata Titles Registration Regulations Chap. 56:52 29 [Subsidiary] subregulation eLj IS sunicienuo uiscnarge amortgage charged upon the strata lot the insurer shall be entitled to a transfer of that mortgage. (4) Where the amount paid by an insurer in accordance with subregulation (2) is less than the amount necessary to discharge a mortgage charged upon the strata lot the insurer shall be entitled to an assignment of an interest (to the extent of the amount paid by him) in such mortgage to secure the amount so paid on such terms and conditions, if any, as were agreed upon under subregulation (7) or, failing agreement, on the same terms and conditions as those contained in the mortgage by the proprietor. (5) Where a building is uninsured, or has been insured to less than its replacement value, a proprietor may (a) effect a policy ofinsurance in respect of any damage to his strata lot in a sum equal to the replacement value of his strata lot less any amount for which his strata lot is insured under any policy of insurance effected on the building; (b) notwithstanding any existing policies, effect a policy of insurance in respect ofdamage to his strata lot in a sum equal to the amount secured, at the date of any loss referred to in such policy, by mortgages charged upon his lot, and the provisions of subregulations (2), (3) and (4) shall apply in respect of any payment pursuant to such policy as they apply to a policy effected pursuant to subregulation (1). (6) For the purposes of subregulation (5) the amount for which a strata lot is insured under a policy of insurance effected in respect of the building shall be determined by multiplying the value stated in such policy by the unit entitlement of the strata lot and dividing the product so obtained by the sum of the unit entitlements of all strata lots. (7) Forthe purposes ofsubregulations (4) and (5)(b) any insurer and mortzacee or mortcaoees mav ar anv rime. whether before or after..... - ..... ..... ., ., . a policy of insurance has been effected by a proprietor, agree upon the insure against risks other than damage to his strata lot. (9) The policy of insurance authorised by this regulation and ~ : o. -. ."1, .- ~ .. ,.. ~ -... I 11 ... L.R.o.l/1995 30 Chap. 56:52 [Subsidiary] Strata Titles Registration Strata Titles Registration Regulations Order by court to settle a scheme for damage to buildings. t:e liable to be brought into contribution with fL."}; other r':.Jlicy of insurance save another policy authorised by this regulation and taken out in respect of damage to the same strata lot. 25. (1) Where the building is damaged but is not destroyed within the meaning of section 14(2) of the Act, the Court may by order settle a scheme, including provisions (a) for the reinstatement in whole or in part ofthe building; (b) for transfer of the interests of proprietors of strata lots which have been wholly or partially destroyed to the other proprietors in proportion oftheir unit entitlement. (2) In exercise of its powers under this regulation, the Court may make such orders as it thinks necessary or expedient for giving effect to the scheme, including orders (a) directing the application of insurance moneys received by the corporation in respect ofdamage to the building; (b) directing payment of money by the corporation or by proprietors or by some one or more of them; (c) directing such amendment of the strata plan as the Court thinks fit, so as to include in the common property any accretion thereto; (d) imposing such terms and conditions as it thinks fit. (3) For the purposes of this regulation an application may be made to the Court by a corporation or by a proprietor or by a registered mortgagee of a strata lot. (4) On any application to the Court under this regulation any insurer who has effected insurance on the building or any part thereof (being insurance against destruction of strata lots or damage to the building) shall have the right to appear in person or by counsel. (5) The Court may from time to time vary any order made by it under uris regulation. Strata Titles Registration Strata Titles Registration Regulations SCRFDlJLE Chap. 56:52 31 [Subsidiary] (Regulations FORM 1 STRATA PLAN STRATA TITLES REGISTRATIONACT 12, 13, 20 and 22). (a) Description of land as in cenificateoftitle. State if whole of land or part. External surface boundaries of the parcel and location of the building in relation thereto to be delineated space opposite. t delete inappropriate. PARISH Strata Plan No. Parcel comprises (a) Registered the Reference to Title Volume Folio Scale day of 19 Registrar of Titles Last Plan OFFICE USE ONLY I, Schedule of Unit Entitlement Current Cenificate of of Title a surveyor commissioned under the Land Survey Act hereby certify that Strata Unit Entitlement Volume Folio (1) the building erected on the Lot No. parcel described above is within the external boundaries of the parcel subject to tclause (2) of this cenificate; t(2) eaves or guttering of the building project beyond external boundaries and an appropriate easementhas been granted as an appurtenance of the parcel by regi stered transfer No. Dated Signature........................................ Approved by the local nlanning autnoruy ror me purposes or me Strata Titles Registration Act. 11. . 1;'~~-i~~'-i.:;'l h The address for service of documents on the corporation is Signature . L.R.O.l/1995 32 Chap. 56:52 [Subsidiary] (Regulation Strata Titles Registration Strata Titles Registration Regulations SURVEYOR'S CERTIFICATE STRATATITLESREGISTRATIONACT (Regulation I I (a)). Description of parcel .. I, of . a surveyor commissioned under the Land Survey Act, hereby certifiy that (1) the building erected on the parcel described above is within the external boundaries of the parcel * subject to clause (2) of this certificate; *(2) eaves or guttering of the building project beyond such external boundaries and an appropriate easement has been granted as an appurtenance of the parcel by registered Transfer No . Dated . Signature .. FORM 3 CERTIFICATE OF A CORPORATION STRATATITLESREGISTRATIONACT In pursuance of the provisions of the StrataTitles Registration Act, the proprietors of Strata Plan No hereby certify that the proprietors of the strata lots in the said strata plan by unanimous resolution duly passed, directed the said corporation to execute the instrument hereunder recited and that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the corporation have consented in writing to the release of those interests in respect ~C.L~ 1~ ...:J ~~ --=~ ...1': ~ •• ~L .: ....f-~. "' ... f- .... ...:J .. t...............~ ....L ; .......-..~ .................. +- .............. t' ...... -.-... ..... VI. Ulv l.aJlU ,",Vlllpl.J.,:>VU.111 .:)U\..oll Ul.:)UU111\.lUI. U,UU Ul(.U.. .:)U'-'U Ul.:lUUUlvllL ,",VllLVJ.IU.:) with the terms of the aforesaid resolution. instrument + 1 ransrer \Of as we case may De j illiiru . ........................... '{iia'e!desc';!pii'On''OJ'the' i:iitd ';iisp'O;'ed ·o'j)....····.... ·············· .. *Om£t if ir",,"'Jppropriafe. , i ............ , ....".1"'.. ""... ; ,; ..... ....+11. ... ~f .. '" ,. A ".I/O'", ....-FIL.", ; ......1................ ' ,.. A fL. ... ......- ..... ....1"#;,." ,.. ...Ii" .. fL.", ... ".,,. ------------------- --------------------- Strata Titles Registration Strata Titles Registration Regulations Chap. 56:52 33 [Subsidiary] The common se.q! of the proprietors, Strata PlanNo ,vas hereto affixed on . in the presence of: Note: If, in the case of a lease, interested parties have approved in writing of the execution of the lease but have not consented in writing to the release of their interests in respectof the demised land, delete the words "have consented in writing to the release of those interests in respect of the land comprised in such instrument". FORM 4 CERTIFICATEOFACORPORATION STRATA l1TLES REGISTRA110NACT In pursuance of the provisions of the StrataTitlesRegistration Act, the proprietors ofStrata Plan No hereby certify that the proprietors of strata lots in the said strata plan by unanimous resolution, duly passed, directed the said corporation to execute the instrument hereunder recited and that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the corporation have consented in writing to the release ofthose interests in respect of the land comprised in such instrument. Instrument + Transfer (or as the case may be) dated . .................................(ii;i~l d~~~;ip·ii-;~·-;/ih~ i~;;d' ~jje'~i~dr"'''''''''''''''''''''''''''''' The common seal of the proprietors, Strata Plan No was hereto affixed on .. + Insert u. descrlotion ofthe nature and elate {j{ihr. instrument and the names orthp. nariies thereto (Regulation 11(b)). LR.O.1Il995 34 Chap. 56:52 [Subsidiary] (Regulations 12 StrataTitlesRegistration Strata Titles Registration Regulations (Regulations 13 and 22). NOTIFICATION OF DESTRUCTION OF BUILDING STRATA TITLES REGISTRATION ACT In pursuance of section 14(1)(a) of the Strata Titles Registration Act, the proprietors of Strata Plan No hereby certify that the building illustrated on the said strata plan has been destroyed. Attached hereto is +acertified copy of the unanimous resolution of the proprietors pursuant to section 14(2)(a) of the said Act. +An office copy of the declaration made by the Court pursuant to section 14(2)(b) of the said Act. The common seal of the proprietors, Strata Plan No was hereto affixed on . in the presence of: (Members ofExecutive Committee) FORM 6 NOTIFICATION OF AMENDMENT OR VARIATION OF BY-LAWS STRATA TITLES REGISTRATIONACT In pursuance of section 9 of the Strata Titles Registration Act, the proprietors - Strata Plan No unanimously passed the following resolution: (Set out resolution) The common seal of the proprietors, Strata Plan No was hereto affixed on the . in the presence of: ........(Mem&'is '~1Exec'Uilve' c'lJ;;;;,:uiieej"···· .... Note: Delete the word "unanimously" if not applicable. .J. lib/bib t ...,j,jl"'&'.t>u",r ;,. ; ..n ........" .... ;,.",.