St. Kitts (Planned Community) (Amendment) Act, 2011 (No. 29 of 2011)

~o. 29 of 2011. Section 1. Short title. Sf Kitts (Planned Community) (.:imendment) Act, 2()/1 ARRAJ\TGEMENT OF SECTIONS Saint Christopher and Nevis, 2. Interpretation. 3. Amendment to section 2 of the Act. 4. Amendment to section 33 of the Act. No. 29 of2011. St Kitts (Planned Community (Amendment) Act, 201 I. I assent, Saint Christopher and Nevis CUlHBERT M SEBASTIAN Governor-General 7/'ilh ()rtoh~r 701 I SAINT CHRISTOPHER AND NEVIS No. 29 of 2011 AN ACT to amend the St Kitts (Planned Community) Act, No. 21 of2008. [Published 26,h October 20/1 Extra Ordinary Gazette No. 56 0/20 II} BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the ad vice and consent of the National A ssernbly of Saint Chr i stopher and Nevis and by the authority of the same as follows: 1. Short title. This Act may be cited as the St Kitts (Planned Comrnunity} (Amendment) Act, 2011. 2. Interpretation. Tn this Art, Imlt's, tht' cnntt'xt otherwise requires, Act means the St Kilts (Planned Community) Act, No. 21 of2008. 3. Amendment to section 2 of the Act. The Act is amended in section 2 thereofby inserting immediately after the definition of the word "special declarant rights" the following new definitions: "Time share Act" means the Saint Christopher and Nevis Vacation Plan and Time Share Act, No. 34 of2005"; "time-share interest" has the meaning ascribed to that term in the Time-Share Act"; "time-share project" has the meaning ascribed to that term In the Time-share 4. Amendment to section 33 of the Act. The Act i~ amended in section 33 thereofby inserung immediately after subsection (3) thereof the following new subsections: "(4) Notwithstanding the provisions of scctton 7.( I) of the Condominium Act, Cap. IO.OJ, or section 54.(3) of the Time-Share Act, with respect to a condominium or (iOVEH'J\lI:--iT PRJ:-;TER t ST KIIT~ WI 2 Sf Kilts (Planned Community) (Amendment) Act. 201 J - 29. time-share project within a planned community, the provisions of subsections (6) and (7) of section 10 of this Act shall govern the amendment of the declaration creating such condominium 0, time-share project, and the term lot owners for such purpose shall be deemed to include condominium owners and time-share interest holders. (5) The provisions ofsections 14.(2 )(g) and 43 ofthe Condominium Act shall not apply to any condominium or time-share project within a planned community dunng the period in which a declarant is in control as set forth in the condominium declaration. (6) Notwithstanding the provisions of section 15 (I.) of the Condominium Act. WIth respect to a condominium, including a time-share project, within a planned community, the condominium declaration or by-laws shall provide for the membership of the hn'lrcl mf'mhf'rs of the condominium corporation (7) Notwithstanding the provisions ofsection 23.(1) ofthe Condominium Act or section 54.(4) of the 'Time-Share Act, with respect to a condominium or time-share project withrn a planned community, the corporation or owners association, as the case may be, may adopt and amend the by-laws and the rules governing the use of common property as set forth in the declaration. (8) Notwithstanding anything to the contrary in the Condominium Act or the Time-Share Act, with respect to a condominium or time-share project within a planned comrnunitv, the declaration creating such condominium or rime-shareproject may provide for a period ofdeclarant control of the corporation or owners' association, as the case may be, for a period of time set forth in the declaration, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board. (9) The declarant shall include the duration of the declarant control period provided for pursuant to the provisions of subsectiou (8) in all uf the purchase agreements for the sale of condominium units or time-share interests within the condominium or time-share project, respectively. (10) The provisions of section 40 of the Condominium Act shall not apply to a condominium or proposed condominium within a planned community or to the declarant or proposed declarant, provided that (a) the declarant or proposed declarant for the condominium or proposed condominium or its parent company has issued a company guaranty with respect to money received by or on behalf of a proposed declarant from purchasers on account of sales or agreements for the purchase and sale of proposed units for residential purposes before the registration of the declaration and description; (b) the guarantor has a net worth in excess of seventy five million Eastern Caribbean Dollars; and (c) the purchase and Silks conn acts are irrevocable. except in the case where the declarant or proposed declarant defaults 011 its or their obligations under the agreement. 3 St Kitts (Planned Community) (Amendment) Act, lOI! - 29. (II) The provisions of sections 30, 31, and 32 of the Time-Share Act shall not apply to a time-share project within a planned community or to its developing owner. provided that (a) the developing owner for the lime-share project or Its parent company has issued a company guaranty with respect to the proceeds of all on-site sales of time - share interests received by or on behalf of the developing owner: and (b) the guarantor has a net worth in excess of seventy five million Eastern Caribbean Dollars. (12) The provisions of subsection (b) of the Second Schedule to the Time-Share Act shall not apply to time-share projects wuhtn a community CURTIS A MARTIN Speaker Passed hy the National Assembly this 30'" day of September 2011. JOSE LLOYD Clrr]: of tire National Assembly GOYER-:~1DIT PRJ,\TERY ST KITIS IV I