Registration of Condominium Titles Act (No. 8 of 1973)

LAWS OF ANTIGUA A N D BARBUDA of Condominium Titles (CAP. 376 1 CHAPTER 376 T H E REGISTKATION O F CONDOMINIUM TITLES ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. 3. Subdivision into condominium lots. 4. The corporation. 5. Duties and powers of the corporation. 6. Service of documents on the corporation. 7. Requirements of a condominium plan. 8. Easements. 9. By-Laws. 10. Ownership of common property. 1 1. Disposition of common property. 12. Creation of easements and covenant. 13. Administration. 14. Destruction of the building. 15. Voting Rights. 16. Regulations. 17. Rules of Court. 18. Offences. FIRST SCHEDULE. SECOND SCHEDULE. Registration LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 3 REGISTRATION O F CONDOMINIUM TITLES (12th June, 1974.) This Act may be cited as the Registration of Con dominium Titles Act. In this Interpretation. "building" means the building or buildings shown in a condominium plan; common property" means all the property, real and personal, intended for common use save and except all condominium lots contained in the property; condominium" means an estate in fee simple for life or for a term of years, as the case may be, in real property consisting of an undivided interest in com mon in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property (such as an apartment, office or store) and may, in addition include a separate interest in other portions of such real property; "condominium lot" means a part of the property intended for any type of independent use, including one or more rooms or spaces in the building; "condominium plan" means the plan referred to in sec tion 7; "the corporation" means, in relation to any registered condominium plan, the body incorporated by sec tion 4; "the court" means the High Court; 1. 2. " " Act 8/1973. 11/1983. Short title. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 376) Registration Condominium Titles executive committee" means the executive First Schedule. tee of the corporation constituted under the First Schedule; "parcel" means land subdivided in accordance with a condominium plan registered pursuant to section 3; property" means land and all structures thereon, the building and all improvements thereto, and includes all easements, rights and appurtenances belonging to such land or to the building, as the case may be, and all articles of personal property used or intended for use in connection with such land or with the building; proprietor" means the proprietor for the time being of a condominium lot; Cap. 374. "Registrar" means the Registrar of lands appointed under section 5 of the Registered Land Act. unanimous resolution" means a resolution unani mously passed at a duly convened meeting of the corporation at which all persons entitled to exercise the power of voting conferred by or under this Act are present personally or by proxy at the time of the motion; "unit entitlement" means, in relation to any con dominium lot, the number specified in accordance with paragraph (h) of subsection (1) of section 7. Subdivision into 3. (1) Land may be subdivided in condominium lots in accordance with a condominium plan registered in the manner provided under this Act. (2) When a condominium plan has been so registered, any condominium lot included therein may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as land according to law. (3) Until a condominium plan is so registered, the sub division purported to be effected by the condominium plan is ineffective at law or in equity and any purported transfer, condominium lots. " " of commit LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 3 76 5 lease, mortgage or other disposition of any condominium lot included in the condominium plan is null and void. (4) The proprietor of each condominium lot shall hold such condominium lot and his share in the common property subject (a) any interests affecting such condominium lot or such share, and (b) any amendments to the condominium lot or common property, notified or shown, as the case may require, on the registered condominium plan. (5) The provisions of any enactment, other than this Act, relating to the subdivision of land for sale or for the purpose of building thereon shall, to such extent as may be prescribed by regulations under this Act, not apply to land comprised in a condominium plan. (1) The proprietors of all the condominium lots contained in any condominium plan shall, upon registra tion of the condominium plan, become a body corporate (hereafter referred to as "the corporation") under the name "The Proprietors, Condominium Plan No. (with the appropriate number of the condominium plan inserted in the blank space). (2) The corporation shall have perpetual succession and a common seal and be capable of suing and being sued in its name. (3) The provisions of any enactment providing for the incorporation, regulation and winding-up of companies shall not apply to the corporation. 5 . (1) The duties of the corporation shall include the following- corporation. (a) to insure and keep insured the property to the replacement value thereof against fire, earthquake, hurricane and such other risks as may be prescribed, unless the proprietors by unanimous resolution other wise determine; to 4. The corporation. Duties and powers of the LAWS OF ANTIGUA AND BARBUDA 6 CAP. 376) Registration of Condominium Titles (b ) to effect such insurance as it may be required by law to effect; (c) to insure such risks other than those referred tb elsewhere in this subsection as the proprietors may from time to time by majority resolution determine; (d) subject to the provisions of section 14 and to such conditions as may be prescribed, to apply insurance money received by it in respect of damage to the pro perty in rebuilding and reinstating the property so far as it may be lawful to do so; ( e ) to pay premiums on any policies of insurance effected by it; to keep in a state of good and serviceable repair and properly maintain the common property; to comply with notices or orders by any com petent 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 of the members of the executive committee. (2) The powers of the corporation include the (a) to establish a fund for administrative expenses sufficient in the opinion of the corporation for the control, management and administration of the com mon property, for the payment of any premiums of insurance and for the discharge of any of its other obligations; to determine from time to time the amounts to be raised for the fund referred to in paragraph (a) and to raise the amounts so determined by levying contributions on the proprietors in proportion to the unit entitlement of their respective lots; (c) to recover from any proprietor, by an action for debt in any court of competent jurisdiction, any sum of money expended by the corporation for repairs to or work done by it or at its direction in complying with any notice or order by a competent public or local (/) (g) following (b) LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 7 authority in respect of that portion of the building which constitutes or includes the condominium lot of that proprietor; to recover from any proprietor, by an action for debt in any court of competent jurisdiction, any sum of money levied by the corporation on the condominium lot of that proprietor (i) the control, mangement and administration of the common property; (ii) the payment of any premium of insurance; (iii) the discharge of any of the other obligations of the corporation under and by virtue of this Act; (e) to enter any condominium lot when necessary in connection with the maintenance, repair or constru ction of the common property or to carry out work pursuant to its duty under paragraph (g) of subsection (1); to execute and deliver contracts, deeds, leases, mortgages and other instruments by one or more duly authorised members of its executive committee or other duly authorised agents; to purchase one or more condominium lots and to acquire, hold, lease, mortgage and sell and convey the same. (3) If any proprietor shall fail or refuse to make immediate payment of any sum of money due pursuant to paragraph ( 4 of subsection the said sum shall constitute a lien on the interest of the proprietor in his condominium lot and such lien, upon the recording of notice thereof with the Registrar by the corporation, shall rank in priority to all other liens and encumbrances, recorded or unrecorded, upon the interest of that proprietor in the property, save and (a) all rates, taxes, charges, assessments and goings affecting the said condominium lot that may be payable; and (d) for (g) (2), except out OF ANTIGUA AND BARBUDA 8 CAP. 376) Registration Condominium (b) all sums of money that may be payable on a first mortgage of record affecting the said condominium lot. Where the mortgagee of a first mortgage of record or other purchaser of a condominium lot obtains title to a condominium lot as a result of foreclosure of the first mort gage, such mortgagee or other purchaser, his heirs, personal representatives and assigns, shall not be liable for any rates, taxes, charges, expenses, outgoings, assessments or any part thereof chargeable in respect of such condominium lot which became due prior to the acquisition of title to such con dominium lot by such mortgagee or other purchaser, and any such unpaid rates, taxes, charges, expenses, outgoings, assessments or any part thereof shall be deemed to be common property expenses collectable from all the owners of condominium lots, including the said mortgagee or other purchaser, his heirs, personal representatives and assigns. (5) Subject to the provisions of subsection ( 6 ) any con tribution levied pursuant to subsection (2) shall be due and payable on the passing of a resolution to that effect and in accordance with the terms of such resolution, and may be recovered as a debt by the corporation in any action in any court of competent jurisdiction from the proprietor entitled at the time when such resolution was passed and from the proprietor entitled at the time when such action was in stituted, both jointly and severally. ( 6 ) The corporation shall, on the application of a pro prietor or any person authorized in writing by him, (a ) the amount of any contribution determined as the contribution of that proprietor; the manner in which such contribution is payable; (c) the extent to which such contribution has been paid by that proprietor and, in favour of any person dealing with that proprietor, such certificate shall be conclusive evidence of the matters certified therein. (7) A policy of insurance authorized by this section and in respect of the property shall not be liable to be brought lAWS of Titles certify (b) LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 9 into contribution with any other policy of insurance save another policy authorized by this section in respect of the property. 6. ( 1 ) The corporation shall cause to be kept at a con documents on the spicuous place at or near the front of the land to which the relevant condominium plan relates a receptacle suitable for purposes of postal delivery, with the of the corpora tion clearly shown thereon. (2) Any summons, notice, order or other document may be served on the corporation by post in a prepaid letter addressed to the corporation at the address shown on the condominium plan, or by placing it in the receptacle referred to in subsection (1) . 7. ( 1 ) Every condominium plan shall- Requirements condominium (a) have a title or heading in which it is described as a condominium plan; ( b ) show the whole or any part of the land com prised therein as being divided into two or more condominium lots; delineate the external surface boundaries of the parcel and the location of the building in relation thereto; bear a statement containing such particulars as may be necessary to identify the title to such parcel; (e) include a drawing illustrating the condominium lots and distinguishing such condominium lots by numbers or other symbols; define the boundaries of each condominium lot in the building by reference to floors, walls and ceiling, so, however, that it shall not be necessary to show any bearing or dimensions of a condominium lot; show the approximate floor area of each con dominium lot; (h ) have endorsed upon it a schedule specifying in whole numbers the unit entitlement of each con dominium lot and a number equal to the aggregate unit entitlement of all the condominium lots; name (c) (d) (f) (g) Service of corporation. plan. of LAWS OF ANTIGUA AND BARBUDA 10 CAP. 376) Registration of Condominium Titles Easements. (i) have endorsed upon it the address at which documents may be served on the corporation; contain such other particulars as may be prescribed. (2) A condominium plan which is lodged for registra tion shall be accompanied by such certificate and other documents as may be prescribed. (3) The boundary of a condominium lot is the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof and a condominium lot includes that bound ary as well as the air space encompassed thereby. (4) The following are not part of a condominium lot, that is to say, bearing walls, columns, floors, roofs, founda tions, elevator equipment and shafts, equipment for central heating, central refrigeration and central air conditioning, reservoirs, tanks, pumps and other central services such as television and telephone lines, pipes, ducts, flues, chutes, conduits, wires and other utility installations wherever they are located in the building, except any outlets thereof that are located within a condominium lot. (5) The unit entitlement of each condominium lot shall, as respects the proprietor of such condominium lot, (a) the quantum of his undivided share in the com mon property; and (b) the proportion payable by him of contributions levied pursuant to subsection (2) of section 5. 8. ( 1 ) In respect of every condominium lot there shall be implied in favour of the proprietor thereof and as appurtenant (a) a non-exclusive easement for ingress to, egress from and support by the common property to which easement the said common property shall be subject; and (b) the exclusive right to paint, re-paint, tile, wax, paper or otherwise re-finish and decorate the interior surfaces of the walls, ceiling, floors, windows and doors 0) determine thereto LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 11 forming the boundaries of the condominium lot of that proprietor. (2) All ancillary rights and obligations reasonably necessary to make easements effective shall apply in rela tion to easements implied or created by this section. (1) Subject to the provisions of this Act the con trol, management, administration, use and enjoyment of the condominium lots and the common property contained in every registered condominium plan shall be regulated by by-laws. (2) The by-laws shall (a) the by-laws set forth in the First Schedule which shall not be amended or varied except by a vote of thirds of the persons entitled to vote at a general meeting of the proprietors; the by-laws set forth in the Second Schedule, which may be amended or varied by a vote of a majority of the persons present and entitled to vote at a general meeting of the proprietors. (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 con dominium plan be in force for all purposes in relation to the parcel and the condominium lots and common property therein. (4) No by-law shall operate to prohibit or restrict the devolution of condominium lots or any transfer, lease, mort gage 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 a notification thereof in such form as may be prescribed and until the Registrar notifies the corporation that he has made reference thereto on the relevant registered condominium plan. 9. By-Laws. include First Schedule. two (b) Second Schedule. OF ANTIGUA AND BARBUDA 12 CAP. 376) Registration of Condominium Titles (6) The corporation shall on the application of a pro prietor or any person authorized in writing by him make available for inspection the by-laws for the time being in force. The by-laws for the time being in force shall bind the corporation and the proprietors to the same extent as if such by-laws had respectively been signed and sealed by the corporation and each proprietor and contained covenants on the part of the corporation with each proprietor and on the part of each proprietor with every other proprietor and with the corporation to observe and perform all the provi sions of the by-law. Ownership of common (1) The common property shall be held by the property. proprietors as tenants in common in shares proportionate to the unit entitlement of their respective condominium lots. (2) The Registrar shall, in making out a certificate of title for any condominium lot, certify therein the proprietor's share in the common property. (3) Save as is provided in this Act, no share in the com mon property shall be disposed of except as appurtenant to a condominium lot and any assurance of a condominium lot shall operate to assure the share of the disposing party in the common property without express reference thereto. Disposition of (1) The proprietors may by resolution of property. fourths of their membership direct the corporation to transfer or lease the common property or any part thereof. (2) If the corporation is satisfied that the resolution refer red to in subsection (1) was duly passed and that persons having interest, of which the corporation has notice, in the parcel have consented in writing to the release of those interests in the land comprised in the proposed transfer or lease or, in the case of a lease, have approved in writing of the execution of the lease, the corporation shall execute the appropriate transfer or lease and such transfer or lease shall be valid and effective without execution by any person having an interest in the common property, and the receipt of the corporation for the purchase money, rent or other money payable to the corporation under the terms of the transfer or lease shall be a sufficient discharge and shall LAWS (1) 10. 11. three common LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 13 exonerate all persons taking under the transfer, or the lease, as the case may be, from any responsibility for the applica tion of the moneys expressed to have been received. ( 3 ) Every such transfer or lease lodged for registration shall be endorsed with or accompanied by a certificate under the seal of the corporation that the resolution referred to in subsection ( 1 ) was duly passed, that the transfer or lease con forms with the terms thereof and that all necessary consents were given and such certificate shall, in favour of purchasers of the common property and in favour of the Registrar, be conclusive evidence of the facts stated therein. ( 1 ) The proprietors may by resolution of three easements and fourths of their membership 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 benefitting the parcel. (2) If the corporation is satisfied that the resolution was duly passed and that persons having interests, of which the corporation has notice, in the parcel have consented in writing to the release of those interests in respect of the land com prised in the proposed disposition the corporation shall execute the appropriate transfer or covenant and the transfer or covenant shall be valid and effective without execution by any person having an interest in the parcel, and the receipt of the corporation for any money payable to it under the terms of the transfer shall be a sufficient discharge and shall exonerate all persons taking under the transfer from any responsibility for the application of the moneys expressed to have been so received. (3) Every such transfer or covenant lodged for registra tion shall be endorsed with or accompanied by a certificate under the seal of the corporation that the resolution referred to in subsection ( 1 ) was duly passed and that all necessary consents were given, and such certificate shall, in favour of persons dealing with the corporation pursuant to this section and in favour of the Registrar, be conclusive evidence of the facts stated therein. 12. Creation of covenant. LAWS OF ANTIGUA AND BARBUDA 14 CAP. 3 76) Registration of Condominium Titles Administration. 13. ( 1 ) The corporation or any person having an interest in a condominium lot may apply to the court for appointment of an administrator. The court may in its discretion on cause shown appoint an administrator for an indefinite period or for a fixed period on such terms and conditions as to remunera tion or otherwise as it thinks fit. The remuneration and expenses of the administrator shall be an administrative expense within the meaning of this Act. (3) The administrator shall, to the exclusion of the corporation, have the duties and powers of the corporation or such of those duties and powers as the court shall order. (4) The administrator may delegate any of the powers vested in him by virtue of subsection (3). (5) The court may in its discretion on the application of the administrator or any person referred to in subsec tion (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. Destruction of the building. 14. (1) Where the building is (a) the corporation shall forthwith lodge with the Registrar, in such form as may be prescribed, a notifica tion of such destruction; ( b ) the Registrar shall, upon receipt of such notification, make, in such form as may be prescribed, an entry thereof on the registered condominium plan; and thereafter the proprietors of all the condominium lots con tained in such condominium plan shall be entitled to the parcel as tenants in common in shares proportional to the unit entitlement of their respective condominium lots and the provisions of sections 11 and 12 shall apply in relation to the transfer or lease of the parcel and to the creation of any easement or restrictive covenant burdening or benefitting it. (2) destroyed (c) LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 15 (2) For the purposes of this Act the building referred to in subsection (1) is ( a ) when the proprietors by unanimous resolution so resolve; ( b ) when three-fourths or more of the building is destroyed or substantially damaged and if the pro prietors, by a vote of at least three-fourths of such proprietors, do not voluntarily, within one hundred days after such destruction or damage, make provision for the reconstruction of the building; or when the court is satisfied that having regard to the rights and interests of the proprietors as a whole it is just and equitable that such building shall be deemed to have been destroyed and makes a declaration to that effect. (3) In any case where a declaration has been made pur suant to paragraph of subsection (2) the court may by order impose such conditions and give such directions (including directions for the payment of money) as it thinks fit for the purpose of adjusting, as between the corporation and the proprietors and as amongst the proprietors themselves, the effect of the declaration. (4) An application for a declaration under paragraph of subsection (2) may be made to the court by the corpora tion or by a proprietor or by a registered mortgagee of a condominium lot. (5) On any application to the court for a declaration under paragraph of subsection (2) any insurer who has effected insurance on the building or on any part thereof (being insurance against destruction of condominium lots or damage to the property) shall have the right to appear in person or by counsel. (6) The court, may on the application of the corpora tion or any member thereof or the administrator, by order make provision for the winding-up of the affairs of the cor poration and may, by the same or a subsequent order, declare the corporation dissolved as on and from a date specified in the order. destroyed (c) (c) (c) (c) OF ANTIGUA AND BARBUDA 16 CAP. 376) Registration of Condominium Titles (7) On any application under this section the court may make such order for the payment of costs as it thinks fit. The court may from time to time vary any order made by it under subsection (3) or subsection (7). (9) Where fire or any other disaster does not destroy three-fourths or more of the building, the proceeds of any insurance upon the building, if sufficient to restore the building to substantially the same condition in which it was immediately before the fire or other disaster, shall be used for such restoration; however, if the proceeds of any such insurance are not sufficient for such restoration, the damage to the building shall be repaired forthwith, the said proceeds of insurance, if any, being used for such repairs and any sum of money necessary to complete the repairs but which is in excess of the said proceeds of insurance being supplied by the proprietors in shares proportional to their respective unit entitlements. Voting Rights. 15. (1) Any powers of voting conferred by or under this Act may be (a) in the case of a proprietor who is an infant, by his guardian; in the case of a proprietor who is for any other reason unable to control his property, by the person who for the time being is authorised by law to control that property. (2) Where the court upon the application of the corporation or of any proprietor is satisfied that there is no person able to vote in respect of a condominium lot the (a) shall, in cases where a unanimous resolution is required by this Act; and ( b ) may in its discretion in any other case, appoint some fit and proper person for the purpose of exer cising such powers of voting under this Act as the court shall determine, and the court may in making any appointment make such order as it thinks necessary or expedient to give effect to such appointment, including an order as to the LAWS (8) exercised (b) court pay LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 17 ment of costs of the application, and may vary any order so made. (3) The court may order service of notice of the application referred to in subsection (2) on such person as it thinks fit or may dispense with service of such notice. 16. The Governor-General may make regulations generally for the proper carrying out of the purposes and provisions of this Act, and in particular, but without pre judice to the generality of the may make (a ) as to the manner and form of registering con dominium plans; (b) providing for the amendment of registered con dominium plans; (c) prescribing the manner of registering transfers and leases of common property; providing for the insurance of condominium lots by the proprietors thereof; ( e ) providing for the voting rights of mortgagees of condominium lots; prescribing the fees to be paid for anything required or permitted to be done under this Act; prescribing any other matter or anything which may be, or is required by 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 rules of court as to the practice and procedure to be followed in relation to applications which may be made to the court under this Act. 18. If there is failure to comply with any notice, order Offences. or request referred to in paragraph or (h ) of subsection (1) of section 5, or with any requirement of subsection (1) of section 6 or subsection ( 6 ) of section 9 or paragraph (a) of subsection ( 1 ) of section 14, the corporation and every member thereof who is knowingly a party to such failure shall be guilty of an offence and shall be liable on summary regulations (d) (j) (g) Regulations. foregoing, by Rules of Court. (g) LAWS OF ANTIGUA AND BARBUDA 18 CAP. 3 76) Registration of Condominium Titles conviction to a fine not exceeding fifteen hundred dollars o r to imprisonment for a term not exceeding six months. FIRST SCHEDULE (Sections 2 and 9) Proprietors A proprietor shall (a) permit the corporation and its agents at all reasonable times on notice (except in case of emergency when no notice shall be required), to enter his condominium lot for the purpose of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the condominium lot and capable of being used in connection with the enjoyment of any other condominium lot or common property, or for the purpose of maintaining, repairing or renewing common property, or for the purpose of ensuring that the by-laws are being observed; ( b ) pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his condominium lot; (c) repair and maintain his condominium lot, and keep it in a state of good repair, reasonable wear and tear and damage by fire, storm, tempest or act of God excepted; use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other pro prietors or their families or visitors; ( e ) not use his condominium lot or permit it to be used in such manner or for such purpose as shall cause a nuisance or hazard to the occupier of any other condominium lot (whether a proprietor or not) or the family of such occupier; notify the corporation forthwith upon any change of ownership or of any mortgage or other dealing in connection with his condominium lot. The Corporation 2. The corporation shall (a) control, manage, and administer the common property for the benefit of all proprietors; ( b ) keep in a state of good and serviceable repair and properly maintain the fixtures and fittings (including elevators) used in connection with the common property; 1. (d) (/) LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 19 where practicable establish and maintain suitable lawns and gardens on the common property; (d) maintain and repair (including renewal where reasonably necessary) pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one condominium lot or common property; (e) on the written request of the proprietor, or registered mortgagee of a condominium lot, produce to such proprietor or mortgagee, or any person authorized in writing by such proprietor or mortgagee, the policy or policies of insurance effected by the corporation, and the receipt or receipts for the last premiums in respect thereof. The corporation may (a) purchase, hire or otherwise acquire personal property for use by pro prietors in connection with their enjoyment of common property; borrow moneys required by it in the performance of its duties or the exercise of its powers; (c ) secure the repayment of moneys borrowed by it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contri bution (whether levied or not), or mortgage of any property vested in it, or by a combination of those means; (d) invest as it may determine any moneys in the fund for administrative expenses; (e) make an agreement with the proprietor or occupier of any condomi nium lot for the provision of amenities or services by it to such condominium lot to the proprietor or occupier thereof; do all things reasonably necessary for the enforcement of the by-laws and the control, management and administration of the common property. General Meetings 4. A general meeting of proprietors shall be held within three months after registration of the condominium plan. 5 . Subsequent general meetings (hereafter referred to as annual general meetings) shall be held once in each year: Provided that not more than fifteen months shall elapse between the date of one annual general meeting and that of the next. 6. All general meetings other than the annual general meetings shall be called extraordinary general meetings. (c) 3. (b) (f) LAWS OF ANTIGUA AND BARBUDA 20 CAP. 376) Registration of Condominium Titles 7. The corporation may whenever it thinks fit and shall upon a requisition in writing made by proprietors entitled to twenty-five per centum of the total unit entitlement of the condominium lots convene an extraordinary general meeting. 8. Thirty notice of every general meeting specifying the place, the date and the hour of meeting and, in case of special business, the general nature of such business, shall be given to all proprietors and registered first mortgagees who have notified their interests to the corporation but accidental omission to give such notice to any proprietor or to any registered first mortgagee or receipt of such notice by any proprietor shall not invalidate any proceedings at any such meeting. All business shall be deemed special that is transacted at an annual general meeting with the exception of the consideration of accounts, or at an extraor dinary general meeting. Save as is in these by-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. Half of the persons entitled to vote present in person or by proxy shall constitute a quorum. If within two hours from the time appointed for a general meeting a quorum is not present the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within two hours from the time appointed for the meeting the per sons entitled to vote present shall be a quorum. At the commencement of a general meeting, a chairman of the meeting shall be elected. The Executive Committee 13. There shall be an executive committee of the corporation which shall, subject to any restriction imposed or direction given at a general meeting, exercise the powers and perform the duties of the corporation. 14. The executive committee shall consist of not less than three nor more than nine persons at least three of whom must be proprietors elected at the first general meeting of the corporation and thereafter at each annual general meeting: Provided that where there are not more than three proprietors the executive committee shall consist of all the proprietors. 15. Except where the executive committee consists of all the proprietors, the corporation may by resolution at an extraordinary general meeting remove any member of the executive committee before the expiration of his term of office and appoint another proprietor in his place to hold office until the next annual general meeting. non 9. 10. 11. 12. LAWS OF ANTIGUA AND BARBUDA of Condominium Titles (CAP. 376 2 1 16. Any casual vacancy on the executive committee may be filled by the remaining members thereof. 17. The quorum of the executive committee shall be such number as the executive committee may fix from time to time, being not less than one-half the number of members thereof. 18. At the commencement of each meeting the executive committee shall elect a chairman for the meeting, and if any chairman so elected vacates the chair during the meeting the executive committee shall elect in his stead another chairman. 19. At meetings of the executive committee all matters shall be determined by simple majority vote and the chairman shall, in addition to an original vote, have a casting vote in any case in which the voting is equal. 20. Subject to the provisions of these by-laws the executive committee shall have power to regulate its own procedure. The executive committee (a) employ for and on behalf of the corporation such agents and servants as it thinks fit in connection with the control, management and administra tion of the common property and the exercise and performance of the powers and duties of the corporation; (b) subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its members such of its powers and duties as it thinks fit, and may at any time revoke such delegation. The executive committee (a) keep minutes of its meetings; (b) cause proper books of account to be kept in respect of all moneys received and spent by it; (c ) prepare proper accounts relating to all moneys of the corporation, and the income and expenditure thereof, for each annual general meeting; on the application of a proprietor or a mortgagee, or any person authorized in writing by either of them, make the books of account available for inspection at all reasonable times. 23. The validity of the proceedings of the executive committee shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. Registration 21. may 22. shall (d) LAWS OF ANTIGUA AND BARBUDA CAP. 3 76 ) Registration of condominium Titles Voting 24. At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. Unless a poll is so demanded a declaration by the chair man that a resolutioni has on the show of hands been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. A demand for a poll may be withdrawn. 25. A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. 26. In the case of equality in the votes whether on a show of hands or on a poll the chairman of the meeting shall be entitled to a casting vote in addition to his original vote. 27. O n a show of hands each proprietor shall have one vote; on a poll the votes of proprietors shall correspond with the unit entitlement of their respec tive condominium lots. 28. O n a show of hands or on a poll votes may be given either personally or by proxy. 29. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting. A proxy need not be a proprietor. 30. Except in cases where by or under the Act a unanimous resolution is required, no proprietor shall be entitled to vote at any general meeting unless all contributions payable in respect of his condominium lot have been duly paid. Co-proprietors may vote by proxy jointly appointed by them, and in the absence of such proxy shall not be entitled to vote on a show of hands, except when the unanimous resolution of proprietors is required by the Act; but any one co-proprietor may demand a poll. On any poll such co-proprietor shall be entitled to such part of the vote applicable to a condominium lot as is propor tionate to his interest in the condominium lot. The joint proxy (if any) on a poll shall have a vote proportionate to the interest in the condominium lot of such of the joint proprietors as do not vote personally or by individual proxy. 32. Where proprietors are entitled to successive interests in a condominium lot, the proprietor entitled to the first interest shall alone be entitled to vote, whether on a show of hands or a poll; and this by-law shall be applicable whether by the Act the unanimous resolution of proprietors is required or not. 22 31. LAWS OF ANTIGUA AND BARBUDA Registration of Condominium Titles (CAP. 376 2 3 33. Where a proprietor holds his condominium lot as a trustee he shall exercise the voting rights in respect of the condominium lot to the exclusion of persons beneficially interested in the trust, and such persons shall not vote. Use of common seal 34. The corporation shall at the first general meeting held after registra tion of the condominium plan, and may from time to time, at subsequent general meetings determine how the common seal of the corporation shall be used. SECOND SCHEDULE (Section 9) A proprietor shall (a) use his condominium lot for any purpose which may be illegal or injurious to the reputation of the building; or (b) make undue noise in or about any condominium lot or common property; or (c) keep any animals on his condominium lot or the common property after notice in that behalf from the executive committee. 2. When the purpose for which a condominium lot is intended to be used is shown expressly or by necessary implication or by the registered condominium plan the proprietor of such condominium lot shall not use it or permit it to be used for any other purpose. 1. not