Strata Titles Registration Regulations, 1991 (S.R.O. 15 of 1991)

1991 STRATA TITLES REGISTRATION S.R.O. 15 COMMONWEAL1~H OF DOMINIC;' STATUTORY RULES AND ORDERS No. 15 OF 1991. REGULATIONS MADE by the Minister under section 16 of the Strata Titles Registra tion Act, 1971, (No. 25 of 1971). (Gazetted 4th April, 1991.) 1. These Regulations may be cited as the STRATA TITLES REGISTRATION REGULATIONS, 1991. Shorttitle. Interpretation. No.25 of 1971. 2. In these Regulations "Act" means the Strata Titles Registration Act, 1971; and "Registrar" means the Registrar of Titles. 3. The Registrar shall keep a register of strata plans and shall Register of strata plans. record therein particulars of all strata plans lodged in his office for registration pursuant to the Act. 4.-(1) Every strata plan lodged in the office of the Registrar for registration (a) shall be prepared on one side of water-marked tub sized azure laid ledger paper containing not less than 60 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 20 per cent); the paper shall not be creased and shall be free from dis coloration or blemishes, shall measure 151- inches in length by 10 inches in width and shall have clear margins on the face of eachs heet of not less than It inches on the left hand side and not less than ! an inch on the right-hand side, at the top, and at the bottom; (b) shall comprise (i) a first sheet in the form prescribed as Form 1 in the Schedule (using annexures thereto where necessary') On which shall be set out the matters prescribed by Section 7 (1) (c), (d), (h) and (i) of the Act; and (ii) further sheets containing the particulars required by Section 7 (1) (e), (j), (g) and (i) of the Act. (2) Each further sheet of a strata plan shall be endorsed in the top right-hand corner - "sheet... Of ............................................................ sheets". Mode ofprepara tion and com position of strata plan. 1991 STRATA TITLES REGISTRATION S.R.O.15 Act No. 16 ef 1988. Certificates required to be endorsed on or accompany strata plan. Act No. 16 of 1988. (3) The diagram prescribed by section 7 (1) (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 of the parcel shown in any such diagram shall, if the Registrar of Titles so requires, be defined by a plan.of survey prepared in accord ance with the Land Survey Act, J988. (4) Any floor plan prepared for the purposes of section 7 (I) (I) of the Act shall be drawn with the north point directed upwards and shall be of a size which will admit of all details and notat ons being clearly shown. (5) The strata lots shall be numbered consecutively, com mencing 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 of a 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 (1) (h) of the Act shall include on the right-hand side a column of not less than It 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 overlap. A carbon copy, or a copy in which the typewritten characters blur or spread or are liable to mark or damage an adjacent sheet shall not be lodged. . (8) Handwriting shall be clear and legible and in permanent black non-copying ink. (9) Printing, writing or drawing shall not extend into any margin. (10) Alterations shall be made by striking 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, 1988, that the building shown on the strata plan is within the external surface boundaries of the parcel,and where eaves or guttering project 1991 STRATA TITLES REGISTRATION S.R.O.15 . beyond such external boundaries, that an appropriate easement has been granted as an appurtenance of the parcel; where such certificate is not endorsed on the strata plan it shall be in the form of Form '2 in the 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, 1975 Act No. 17 of applies) that permission to carry out development of 1975. the kind shown in such strata plan has been granted. 6. Every application for registration of a strata plan shall indi- Form of cate the name and postal address of the registered proprietor (or, application. where at the time of such application the land comprised in the strata plan is not under the operation of the Title by Registration Cap. 222. Ordinance, the name and 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 of a strata plan shall he effected by notifying Registration of under the seal of the office of the Registrar on the first sheet thereof strata plan. the fact and date of such registration. 8. The Registrar shall endorse on the certificate of title issued for each strata lot in a strata plan a notification that by virtue of the provisions of the Title hy Registration Ordinance, the proprietor holds his lot and his share in the common property subject to any interests affecting the same for the time being notified on the regis tered strata plan and subject to any amendments to strata lots or common property shown on that plan. 9. The Registrar, after such enquiry and notices, if any, as he may 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 regis tered 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). Endorsement of notification under theTitle by Registration Ordinance on certificate of title. Alte ation of regis tered strata plan. Instruments to comply with Regulation 4. 1991 STRATA TITLES REGISTRATION S.R.O. 15 Form of certifi cate under the seal of the corporation. Form 3. Form 4. Form of notifi cat ion of des: rue non of building. Form 5. Form of notifi cation pursuant to section 9(5) of the Act. Schedule. Form 6 Order of court appunting adrninistrat .r and order made pursuant to Regulation 2S rna] be' 'odred with Registrar. Registrauon of transfer Registration of lease. Regtstration of easement or restrictive cove nant. Endorsement on registered stra ta plan of nature of instrument. 11. A certificate under the seal of a corporation (r') 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 Sehedule. 12. A notification of destruction of a building givenby a corpora tion pursuant to section 14 (1) (n) of the Act shall be in the form or to the effect of Form 5 in the Schedule. 13. A notification given hy a corporation pursuant to section 9 (5) of the Act shall be in the form or to the effect of Form 6 in the SGhedule. 14.-(1) Any person appointed as administrator pursuant to section 13 of the Act may lodge with the Registrar an office copy of the order of the court making such appointment. (:2.) A Corporation may lodge with the Registrar an office copy of an order made by the court pursuant to regulation 25. (3) On receipt of any such office copy the 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) The Registrar shall register a transfer pursuant to section 11 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 destroyed the proprietor shall surrender to the Regis trar their duplicate certificates of title for cancellation and the Regis trar, after cancelling the certificates of title relating to 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 II of the Act by noting it on the registered strata plan in the manner pre scribed by regulation 18. 17. The Registrar shall register the instrument creating an ease ment or restrictive covenant pursuant to section 12 of the Act by noting the same on the registered strata plan. 18. On lodgment of an instrument executed by the corporation pursuant to section 11, 12 or 14 of the Act there shall be endorsed on the relevant registered strata plan a memorial stating the nature of the instrument and such other particulars as appear to the Regis trar to be necessary, and such memorial shall be signed by the Regis trar. 1991 STRATA TITLES REGISTRATION S.R.O. 15 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 the Registrar the certificates of title for the strata lots comprised in such registered strata plan. 20. Upon receipt of a notice in or to the effect of Form 5 in the Schedule the Registrar shall endorse on the relevant registered strata plan a notification of the destruction of the building and of the vest ing of the parcel in the proprietors. The notification shall contain such particulars as appear to the Registrar to be necessary and shall be signed by him. 21. Where a parcel has been transferred by the corporation after the building is destroyed the Registrar (a) shall enter on the relevant registered strata plan a a notification of the cancellation thereof; and (b) shall indicate by appropriate charting upon any relevant plan that such registered strata plan has been cancelled. 22. Upon receipt of a notification in or to the effect of Form 6 in the Schedule the Registrar shall endorse on the relevant registered strata plan a memorial of such notification. The memorial shall contain such particulars as appear to the Registrar to be necessary, and shall be signed by him. 23. Where a proprietor's interest is subject to a registered mort gage and the mortgagee has given written notice of his mortgage to the corporation, any power of voting conferred on a proprietor by or under the Act (a) shall not in any case where a unanimous resolution is required, be exercised by the proprietor but shall be exercisedby the mortgagee first entitled in priority; (b) may in any other case otherthan that referred to in paragraph (a) be exercised by the mortgagee first entitled in priority, and shall not be exercised by the proprietor when such mortgagee is present personall y or by proxy. 24.-(1) Where a building is insured to its replacement value a proprietor may effect a policy of insurance in respect of any damage 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 strata lot. (2) Where any such policy of insurance is in force, then. subject to the terms and conditions of the policy, the insurer shall be liable to pay thereunder to the mortgagees whose interests are noted thereon, in order of their respective properties Plan sub-division of common pro perty comprised in registered strata plan. Endorsement of notification of destruction on strata plan. Schedule. Cancellation of registered strata plan. Endorsement of notification 0 f amendment of By-Laws on strata elan. Scsedule, Exercise of power of voting. Policy of insurance may be effected by proprietor in respect of any damage to his strata lot. 1991 STRATA TITLES REGISTRATION S.R.O. 15 (a) the value stated in such policy; or (b) the amount of the loss; or (c) the amount sufficient, at the date of the loss, to dis charge mortgages charged upon the strata lot, whichever is the least amount. (3) Where the amount paid by an insurer in accordance with paragraph (2) is sufficient to discharge a mortgage charged upon the strata lot the insurer shall be entitled to a transfer of that mort gage. (4) Where the amount paid by an insurer in accordance with paragraph (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 paragraph (7) or, failing agreement, on the same terms and conditions as those con tained 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 of insurance 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 of damage 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 para graphs (2), (3) and (4) shall apply in respect of any payment pursuant to such policy as they apply to a policy effected pursuant to paragraph (1). (6) For the purposes of paragraph (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) For the purposes of paragraph (4) and of sub-paragraph ~b) of paragraph (5) any insurer and mortgagee or mortgagees may at any time, whether before or after a policy of insurance has been effected by a proprietor, agree upon the terms and conditions of the assignment of an interest. 1991 STRATA TITLES REGISTRATION S.R.O.15 (8) Nothing in this regulation limits the right of a proprietor to insure.against risks other than damage to his strata lot. (9) The policy .of insurance authorised by this regulation and taken out by a proprietor in respect of damage to his strata lot shall not be liable to be brought into contribution with any other policy 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 gr~~~I~Ya~h~~e within the meaning of section 14 (2) of the Act, the court may by fordamage to order settle a scheme, including provisions - buildings. (a) for the reinstatement in whole or in part of the build mg; (b) for transfer of the interests of proprietors of strata lots which have been wholly or partially destroyed to the other proprietors in proportion of their 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 ins u ran c e moneys received by the corporation in respect of damage 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 ofthis 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.etfecied insurance onthebuilding orany 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 this regulation. 1991 STRATA TITLES REGISTRATION SCHEDULE FORM 1 STRATA PLAN STRATA TITLES REGISTRATION ACT, 1971 S.R.O.15 (Regulation 4) (a) Descrip tion of land as in certificateof title. State if whole of land or part. PARISH Parcel comprises (a) Reference to Title Volume Scale Folio Strata Plan No. Registered the day of 19 Registrar of Titles Last Plan External sur face bounda ries of the par cel and loca tion of the building in relation there to to be deli neated space opposite. [delete inappropriate . OFFICE USE ONLY I, Schedule of Unit Entitlement Current Certificate of of Title a surveyor commissioned under the Land Survey I Act hereby certify that Strata Unit Entitlement Volume Folio (1) the building erected on Lot No. the parcel described I above is within the ex ternal boundaries of the parcel subject to [clause (2)of this certi ficate; t(2) eaves or guttering of the building project beyond external bound aries and an appro priate easement has been granted as an appurtenance of the par eel by registered transfer No. Dated Signature Approved by the local planning authority for the purposes of the Strata Titles Registration Act. Dated AGGREGATE I Signature ............................ ,- , The address for service of documents on the corporation is 1991 STRATA TITLES REGISTRATION SRO 15 FORM 2 (Regulation 5) SURVEYOR'S CERTIFICATE STRATA TITLES REGISTRATION ACT, 1971 Description of parcel . I, of . a surveyor commissioned under the Land Surveys Act, 1988 hereby certify 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 . *Omit if inappropriate. Signature . FORM 3 CERTIFICATE OF A CORPORATiON (Regulation 11 (a» STRATA TITLES REGiSTRATION ACT, 1971 In pursuance of the provisions of the Strata Titles Registration Act, 1971 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 of the land com prised in such instrument and that such instrument conforms with the terms of the aforesaid resolution. Instrument + Transfer (or as the case may be) dated .. (Briefdescription ofthe landdisposed of) The common seal of the proprietors, Strata Plan No was hereunto affixed on .. in the presence of (Members ofExecutive Committee) 1991 STRATA TITLES REGISTRATION SRO 15 Notes (1) 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 respect of 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". (2)+ Insert a description of the nature and date of the instrument and the names of the parties thereto. FORM 4 (Regulation 11 (b)) CERTIFICATE OF A CORPORATION STRATA TITLES REGISTRATION ACT, 1971 In pursuance of the provisions of the Strata Titles Registration Act, 1971 the proprietors of Strata 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 of those interests in respect of the land com prised in such instrument. Instrument: + Transfer (or as the case may be) dated . (Brief description of land effected) The common seal of the proprietors, Strata Plan No was hereto affixed on . in the presence of: (Members ofExecutive Committee) + Insert a description of the nature and date of the instrument and the names of the parties thereto. 1991 STRATA TITLES REGISTRATION FORM 5 SRO 15 (Regulation 12) 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 build ing illustrated on the said strata plan has been destroyed. Attached hereto is + a certified 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) +Delete whichever is inappropriate. FORM 6 (Regulation 13) NOTIFICATION OF AMENDMENT OR VARIATION OF BY-LAWS STRATA TITLES REGULATION ACT In pursuance of section 9 of the Strata Titles Registration Act, the proprietors Strata Plan No unanimously passed the following resolution~ 1991 STRATA TITLES REGISTRATION (Set out resolution) SRO 15 The common seal of the proprietors, Strata Plan No . was hereto affixed on the . in the presence of (Members ofExecutive Committee) Note: Delete the word "unanimously" if not applicable. Madethis 20th day of March, 1991. JENNER B. M. ARMOUR Attorney General and Minister for Legal Afiairs. DOMINICA Printed by the Government Printer at the Government Printery, Roseau. (Price' $2. 40 cents)