THE SECTIONAL PROPERTIES ACT
(No. 21 of 2020)
IN EXERCISE of the powers conferred by section 59 of the Sectional Properties Act,
2020, the Cabinet Secretary for Lands and Physical Planning makes the following Regulations─
THE SECTIONAL PROPERTIES REGULATIONS,
2021
Citation.
- These Regulations maybe cited as the Sectional Properties
Regulations, 2021.
Registration
of sectional
plans.
LN 278/2017
2.(1) A person who wishes to register a sectional plan in
accordance with section 4 of the Act shall apply for
registrationin Form LRA 9 set out in the Sixth Schedule to the
Land Registration (General) Regulations, 2017.
(2) The application under paragraph (1) shall be
accompanied by─
(a) the original certificate of title or lease to the parcel in
respect of which the sectional plan is made; and
(b) an application for the registration of the corporation in
Form SP1 set out in the Schedule.
(3) The registrar shall consider an applications made under
(1) and (2)(b) and pursuant to section 5(1)(a) of the Act
proceed to close the register of the parcel described in it and─
(a) register the sectional plan in a Sectional Plan Register
kept in Form SP2 set out in the Schedule; and
(b) register the Corporation in the Corporation Register in
Form SP3 set out in the Schedule and issue a
registration certificate for the Corporation in Form SP4
set out in the schedule.
(4) Subject to the Sectional Plan Register opened under
paragraph (3), the Registrar shall open Unit Registers in form
SP5 set out in the Schedule if the parcel is freehold, and Unit
Registers in Form SP6 set out in the Schedule if the parcel is
a leasehold.
(5) The Registrar shall issue certificates of title and a
certificates of lease for every respective unit Register for
freehold and Unit Register for leasehold opened under
paragraph (4), in Form SP7 and SP8 set out in the Schedule.
LN 278/2017
(6) Provisions of the Land Registration (General)
Regulations 2017 on circumstances under which the Registrar
may reject a defective instrument for registration and right to
appeal thereof shall apply to both application for registration
of a Sectional Plan and that of a Corporation.
Recording of
the particulars
of sectional
plans.
3.(1) The Registrar shall record in the Sectional Plan Register
kept under regulation 2(4) particulars of all the sectional plans
as registered under the Act.
(2) Every registered sectional plan shall be allocated a
progressive number by which it may be identified in the
Sectional Plan Register.
Submission of
sectional plan
to county
governments
- Pursuant to section 9(2) of the Act, the registrar shall upon
registration of a sectional plan submit to the county
government of the area in which the parcel is located a copy
of the sectional plan.
Execution of
instruments.
- The provisions of sections 44 and 45 of the Land
Registration Act and the Land Registration (General)
Regulations, 2017 on the execution and verification of
instruments shall apply on instruments specified under this Act
and registered under Land Registration Act.
Fees.
- The fees payable for any procedure or function under the
Act shall be the fees prescribed under the Land Registration
Act, 2021.
Power of
attorney.
- All powers of attorney registered under the Land
Registration Act shall be deemed to be powers registered
under this Act where applicable.
Sectional
plan.
- A plan to be presented for registration as a sectional plan,
a sectional plan of sub-division or as a sectional plan of
consolidation shall—
(a) be drawn in waterproof ink, on tracing linen or
polyester film or such other material that is of size and
nature that is acceptable to the Director of Surveys;
(b) be prepared in sheets, each sheet of the plan being
endorsed in the upper right hand corner with the words
“Sheet of Sheets” with the appropriate numbers filled
in; and
(c) consist of—
(i) the first sheet on which are set out matters
prescribed by section 9 and 11 of the Act; and
(ii) further sheets containing such elevations, sections,
plans diagrams and other information required
under section 9 of the Act.
The signing
and
endorsement
of sheets.
9.(1) The first sheet of the plan shall before it is presented for
registration, be signed by—
(a) a surveyor ;
(b) the County Government; and
(c) the owner of the property,
and be submitted to the authority responsible for survey for
authentication.
(2) An application for endorsement by the County
Government under section 11 of the Act shall be made in Form
SP 9 set out in the Schedule.
(3) where the sectional plan is in conformity with the
building and archtechtural plans, the County government shall
endorse on the face of the sectional plan.
Requirements
of
plan sheets.
10.(1) The sheets required by section 9(1)(b) and (d) of the
Act shall respectively bear the statements “Site and Building
Location Plan” and “Floor Plan” and shall—
(a) be drawn with the north point directed upwards and
parallel to the sides of the plan form; and
(b) be to a scale, selected from the standard scales
tabulated in regulation 89 of the Survey Regulations
which will allow all details and notations to be clearly
shown and that the area of a unit shall not be less than
five square cm.
(2) Every detail shown on a plan shall be distinct, and the
cramping of figures shall be avoided
Expression of
words, letters,
figures and
symbols.
11.All words, letters, figures and symbols appearing on the
sectional plan, shall, except where the Authority Responsible
for Survey otherwise approves, be—
(a) shown in capital letters;
(b) open in formation and construction; and
(c) drawn in an upright style.
Illustration of
units on a
floor plan.
12.(1) Every floor plan of a sectional plan presented for
registration shall illustrate the units which shall be numbered
consecutively commencing with the first unit and terminating
with a unit number to correspond to the total number of units
comprised in the parcel.
(2) Where a numbered unit is shown as consisting of more
than one part, each part shall be described as part of that
numbered unit.
(3) In a plan presented for registration as a sectional plan of
sub-division or sectional plan of consolidation, the original
unit shall be cancelled in the existing sectional plan and the
new unit shall be numbered consecutively, the lowest new unit
number being greater by one than the highest number in the
existing sectional plan.
Expression of
units.
13.(1) The schedule specifying the unit number, unit factor,
the approximate floor area and user for each unit expressed in
square metres, for the purposes of section 9(1)(f) of the Act
shall be in form SP 10 set out in the Schedule.
(2) To each unit there shall be assigned a unit factor as shown
in form SP 11 set out in the schedule so that the total of the
unit factors for all units in the parcel is equal to ten thousand.
Matters to be
set out in a
site and
14.(1) A site and building location plan presented in support
of a sectional plan or a sectional plan of subdivision or
building
location plan.
sectional plan of consolidation shall in addition to matters
referred to in regulation 11(c)(i) set out—
(a) abutting boundaries, co-ordinates of beacons, lengths
and bearings of the external boundaries of the parcel as
required by regulations 91 and 92 of the Survey
Regulations;
(b) the georeferenced external limits of the building, the
building dimensions and the tie line measurements
relating the building to the parcel boundary;
(c) any subsisting assessment or utility rights of way;
(d) where any encroachment exists in respect of a wall, the
relationship of the inner surface of the wall to parcel
boundary beyond which the wall encroaches;
(e) exclusive possession areas and extent of the common
property area; and
(f) a legend to explain, among other items, the boundaries
of the units, unit measurements, building locations,
dimensions and symbols, as shown in the relevant form
in the Third Schedule.
(2) Building dimension and tie measurements shall be
recorded to 0.01 of a metre.
(3) The areas of a unit shall be recorded to 0.1 square metre.
Notification
of subdivision
and
illustration of
units.
15.(1) Before registering a sectional plan of subdivision of a
unit or units, the Registrar shall cause to be—
(a) endorsed on the original registered sectional plan, a
notification of the subdivision; and
(b) indicated on the diagram in the original registered
sectional plan, illustrating the unit or units being
subdivided that the unit or units are subdivided.
Notification
of
consolidation
and
illustration of
units.
16.(1) Before registering a sectional plan of consolidating of
a unit or units, the Registrar shall cause to be—
(a) endorsed on the original registered sectional plan a
notification of the consolidation; and
(b) indicated on the diagram in the original registered
sectional plan, illustrating the unit or units being
consolidated that the unit or units are consolidated.
Incidental
rights
- Where the sub-division of a unit or consolidation of units
is likely to affect incidental rights of any unit owner in respect
of common property and all other rights appurtenant as
provided under section 7 of the Act, a sectional plan for sub-
division or Consolidation in that respect shall not be registered
unless an affected owner gives consent in form SP12 set out
in the schedule
Addition of
continuation
sheets.
18.(1) The Registrar may add continuation sheets to a
sectional plan register on which may be made any
endorsement, registration memorandum, notification or other
entry that is to be or may be made on the register.
(2) Each such sheet added to the register by the Registrar
pursuant to paragraph (1) shall—
(a) be numbered consecutively; and
(b) be signed by the Registrar.
Conversion to
units.
19.(1) Pursuant to section 13(2) of the Act a registered
proprietor of a parcel or a developer making an application for
conversion of longterm leases to sectional units shall submit a
sectional plan for registration to the registrar in form SP 13 set
out in the schedule.
(2) Where the management company has custody of the
parcel title or where the developer has failed to make an
application under paragraph (1) above, the management shall
submit a sectional plan for registration in terms of paragraph
(1).
(3) Where the registered proprietor or the management
company as the case may be fails to make the application
under paragraph (1) or (2), the unit owners shall submit a
sectional plan for registration in terms of paragraph (1).
(4) The registrar shall dispense with the production of the
title to the parcel in applications made under paragraphs (2)
and (3).
(5) Where a property is charged, the application in paragraph
(1) shall be made by the proprietor but shall be submitted by
the encumbrancer or appointed representative for issuance of
a new title noted with the encumbrances, to the encumbrancer.
(6) Failure by a registered proprietor of a parcel, a developer,
a management company or an owner of a unit to submit a
sectional plan for registration to the registrar shall not
invalidate the security held by the encumbrancer.
(7) In the event of the chargee exercising its statutory power
of sale, the Registrar shall issue a new title in the name of the
transferee upon registration of transfer by chargee.
Documents to
accompany an
application for
conversion.
20.(1) The following documents will accompany an
application for conversion─
(a) sectional Plan;
(b) sublease/long-term lease;
(c) the parcel title and/or a Copy of the parcel title;
(2) Where the original title is not available─
(a) an indemnity in cases where the management company
or owners of the units are unable to avail the original
title to the parcel; refer to Regulation 27 and 28 of LRA
(general) regulations 2017;
(3) The registrar shall issue a notice to be published in the
Gazette calling for the title for purpose of conversion.
(4) At the expiry of sixty days from the date of notice, if the
title is not availed, the registrar shall proceed to close the
parcel register and register the sectional plan.
No. 3 of 2012
(5) The registrar shall register the sectional plan and issue
the owners of the unit with certificate of title/lease in
accordance with section 54(5) of the Land Registration Act,
2012.
Amendment
of by-laws.
21.(1) where the corporation deems it necessary to amend its
bylaws pursuant to section 29 of the Act, the amended copy
shall be filed with the registrar who shall note on the sectional
plan if satisfied that the amendments are in conformity with
the Act.
(2) On noting amendment of the bylaws in paragraph (1),
the Registrar shall endorse on the relevant corporation register
a notification which shall—
(a) contain any particulars the Registrar directs; and
(b) be signed by the Registrar.
Notice by
owner
- (1) An owner desiring to rent his unit shall notify the
corporation in form14 set out in the schedule wherein he shall
provide his address for effecting a notice under Regulation 23.
(2) upon renting the unit, the owner shall within 21 days from
commencement of the tenancy notify the corporation of the
name of tenant residing in the unit in form15 Set out in the
schedule.
(3) On lapse of tenancy agreement, the owner shall within
20 days give notice to the corporation in form ….set out
in the schedule
Notice by the
corporation
- (1) where a tenant occupying a unit is in breach of the by-
laws as provided under Section 46, the corporation shall notify
the owner of the unit in form16 set out in the schedule to take
necessary action
(2) where a notice under paragraph (1) has been given and the
owner has failed to take necessary action, the corporation shall
give notice to the tenant to vacate the premises in form 17 set
out in the schedule
Termination
of sectional
status.
24.(1) A notice of the termination of the sectional status of a
building shall be in form SP 18 set out in the Schedule.
(2) On receipt of a notice referred to in paragraph (1), the
Registrar shall endorse on the relevant sectional plan register
a notification of the termination of the sectional status and the
vesting of the parcel in the owners.
(3) The notification shall contain any other particulars the
Registrar directs and shall be signed by the Registrar.
Transfer of
parcel.
- Where a parcel is transferred by a corporation pursuant to
section 49 of the Act, the Registrar shall—
(a) enter on the relevant sectional plan register a
notification of the cancellation of the plan; and
(b) indicate in an appropriate manner on any relevant
register that the sectional plan has been cancelled.
Notification
of change of
address.
- where there is change of address, the corporation shall
nitify the registrar of such change in form SP 19 set out in
the Schedule.
Notification
of change of
Board
membership.
- Where there is a change to board membership as provided
under 26(2) of the Act the corporation shall give notice to the
registrar in form SP 20 set out in the Schedule and such
changes shall be noted in the Corporation Register.
Notification
of change of
corporation.
Extension or
renewal of
lease.
Submission of
forms and
plans
electronically.
- (1) On the change of membership of the corporation by
way of exit or entry of a unit owner, the corporation shall give
notice to the registrar in form SP21 set out in the Schedule.
(2) The registrar shall accordingly amend the unit register and
the corporation register. - An application for extension or renewal of the lease term
shall be made through the corporation by all the unit owners
from the same sectional plan as provided under the Land
(Extension and Renewal of Leases) Rules 2017. - All forms and plans referred to in these regulations may
be submitted in electronic form.
FIRST SCHEDULE
THE OWNERS, SECTIONAL PLAN NO.(to specify the
number given to the plan on registration)
SECTIONAL PROPERTIES CORPORATION BY-
LAWS
Name and
address
- (1) The corporation shall be called “The Owners Sectional
Plan No….Corporation” hereinafter referred to in these by-
laws as “The Corporation” and it is registered in [ ]Registration Unit within[ ] County.
(2) The registered office of the Corporation shall be at
…………………. and the postal address shall be
…………………
Notice of any change of address shall be given to the Registrar
within 30 days of the resolution of the board to change address
is taken.
Interpretation. 2. (1) In these By-laws, unless the context otherwise suggests
words or phrases shall be defined and interpreted in
accordance with the Sectional Properties Act, 2020 and the
Regulations made there under hereinafter referred to as the
“Act” and “Regulations” respectively
(2)In these by-laws save as otherwise expressly stated:
“general meeting” means an annual or special general meeting
physically, virtually or hybrid of the two convened by the
corporation to conduct business of the Corporation;
“Tenant” means a person renting a unit
(3) The rights and obligations given or imposed on the
corporation or the owners under these by-laws are in addition
to any rights or obligations given or imposed on the
corporation or the owners under the Act.
Objects 3. (1)These Bylaws are made pursuant to Section 29 of the Act
to provide for the control, management and administration of
the units, the movable and immovable property of the
Corporation and the common property.
(2)In addition to the bylaws prescribed herein, the Corporation
may pursuant to the Act make other bylaws that are responsive
and serve the demand of a specific development
Duties of the
owner.
- An owner shall—
(a) permit the corporation and its agents, at all reasonable
times on notice (except in case of emergency when no
notice is required), to enter his unit for the purposes
of—
(i) inspecting the unit;
(ii) maintaining, repairing or replacing pipes, wires,
cables and ducts existing in the unit and used or
capable of being used in connection with the
enjoyment of any other unit or common property;
(iii)Maintaining or repairing the common property; or
(iv) ensuring compliance to the by-laws;
(b) forthwith carry out all work that may be required by
the corporation pursuant to these by-laws or as
required by a County Government or other public
authority in respect of the unit, other than any work for
the benefit of the building generally; and pay all rates,
rent, taxes, charges and assessments that may be
payable in respect of the unit;
(c) maintain the unit in a state of good repair;
(d) Immediately notify the corporation of—
(i) any change in the ownership of the unit; or
(ii) any charge registered against the unit; and
(e) not make structural, mechanical or electrical
alterations to his unit or to the common property
without the prior written consent of the board, which
shall not be unreasonably withheld, and shall prior to
making any such alteration give to the board not less
than fourteen days’ notice in writing (including a
description of the proposed alteration) before the
intended date of commencement of the proposed
alteration and shall not commence the same until such
written consent as aforesaid has been received by him.
Powers of the
corporation.
5.(1) The corporation may—
(a) acquire movable property to be used—
(i) for the maintenance, repair or replacement of
the immovable or movable property of the
corporation or the common property; or
(ii) by owners in connection with their enjoyment
of the immovable and movable property of the
body corporate or the common property;
(b) borrow money required by it in the better performance
of its duties or the exercise of its powers, subject to the
borrowing limit allowed by owners in an annual
general meeting;
(c) secure the repayment of money borrowed by it and
interest on that money by a negotiable instrument, a
mortgage on unpaid contributions (whether levied or
not), or a mortgage or charge over any property not
being immovable property owned by it or by any
combination of those means;
(d) charge interest under Section 32 of the act on any
contribution owing to it by an owner at the rate not
exceeding the base lending rate as published by the
Central Bank of Kenya from time to time or as may
be fixed by resolution of the corporation in general
meeting;
(e) make an agreement with an owner or tenant of a unit
for the provision of amenities or services by it to the
unit or to the owner or tenant of the unit;
(f) where the supply of electricity or water or gas to a unit
is regulated by means of a sub-meter, require the
owner or other occupier of the unit to pay to the
corporation by way of security for the payment of
charges arising through the sub-meter an amount not
exceeding shillings ** and if any amount is so paid is
applied by the corporation to meet such utilities, to pay
such further amount or amounts by way of such
security as may be necessary to maintain the amount
of the security as, subject to this paragraph, the
corporation may require;
(g) if the owner or other occupier of a unit in respect of
which a sub-meter is used for the supply of electricity
or water or gas refuses or fails to pay any charges due
for the supply of electricity or water or gas to that unit,
apply in payment of those charges all, or such part as
is necessary; of any amount paid to the corporation by
that owner or occupier under paragraph (f) including
any interest that may have accrued in respect of that
amount under paragraph (2)(a);
(h) by agreement with a particular owner, grant him
exclusive use and enjoyment of part of the common
property or special privileges in respect of the
common property or any part of it in accordance with
section 40 of the Act.
(i) Give notice to the owner of the unit if the tenant
occupying the unit is in breach of the by-laws as
provided in the regulations
(j) Give notice to a tenant to vacate the premises if the
owner fails to take necessary action as per notice given
under paragraph (I) above and the bylaws.
(2) The corporation shall—
(a) lodge every sum received under paragraph (1)(f) to the
credit of an interest bearing account with a bank to be
determined by the corporation and all interest accruing
in respect of amounts so received shall, subject to
paragraph (1)(g), be credited to the account of the
corporation
(b) maintain in a state of good and serviceable repair, the
fixtures and fittings (including lifts) existing on the
property and used or capable of being used in
connection with the enjoyment of more than one unit
or the common property;
(c) where a person who has paid an amount under
paragraph (1)(f) to the corporation satisfies the
corporation that he is no longer the owner or occupier
of a unit and that the corporation no longer has any
liability or contingent liability for the supply of
electricity or water or gas or other utilities to that unit
during the period when the person was an owner or
occupier of the unit, refund to that person the amount
then held on his behalf under paragraph (1)(f);
(d) where practicable, establish and maintain suitable
lawns and gardens on the common property;
(e) maintain, repair and where necessary, renew sewers,
pipes, wires, cables and ducts existing on the property
and used or capable of being used in connection with
the enjoyment of more than one unit or the common
property;
(f) on the written request of the owner or a registered
chargee of his unit, produce to the owner or chargee, as the
case may be, (or to a person authorized in writing by the owner
or chargee) all policies of insurance effected by the
corporation together with the receipts for the last premiums
paid in respect of the policies, and shall also if requested so to
do in accordance with the provisions of section 39 of the Act
provide copies to such owner, chargee or authorized person.
Election of the
Board.
6.(1) The board shall consist of not less than three and not
more than nine individuals.
(2) Notwithstanding paragraph (1), if there are not more
than two owners, the board may consist of all the owners.
(3) An individual shall not be a member of the board unless
that individual has attained the age of eighteen years.
(4) The constitution of the board where practicable shall
comply with the Constitution of Kenya gender requirements
and shall ensure balanced and wider representation of various
types of unit owners in the property.
(5) In determining the number of owners for the purposes of
this by-law and of by-law 5, co-owners of a unit or more than
one unit shall be deemed to be one owner and a person who
owns more than one unit shall also be deemed to be one owner.
Eligibility to
sit on the
Board.
7.(1) The board shall comprise of unit owners elected at a
general meeting provided that the board may coopt not more
than two persons who are not owners to represent other
interests.
(2) Notwithstanding paragraph (1)—
(a) if there are co-owners of a unit, only one of the co-
owners shall be eligible
(b) an owner who has not paid to the corporation the
contribution due and owing in respect of his unit is not
eligible for election to the board.
Voting.
- At an election of members of the board, each person
entitled to vote may vote for the same number of nominees as
there are vacancies to be filled on the board.
Term of
Office.
9.(1) Subject to paragraph (2), a member of the board shall
be elected at an annual general meeting for a term of one year..
(2) At the first meeting convened under section 27 of the
Act—
(a) not more than fifty per cent of the members of the
board shall be elected for a term of one year; and
(b) the balance of the members shall be elected for a term
of two years.
(3) Each member of the board shall remain in office until—
(a) the office becomes vacant under by-law 9;
(b) the member resigns;
(c) the member is removed under by-law 11; or
(d) his term of office expires,
whichever comes first.
Removal of a
member of the
Board.
- The corporation may by special resolution at a meeting
remove a member of the board before the expiration of his
term of office and appoint another individual in his place to
hold that office for the remainder of the term.
Vacating of
the office of a
member of the
Board.
- The office of a member of the board is vacated if the
member—
(a) becomes bankrupt under the Insolvency Act, 2015;
(b) is more than ninety days in arrears in payment of any
contribution required to be made by him as an owner;
(c) is the subject of a certificate of incapacity issued by a
certified medical doctor;
(d) is convicted of and is sentenced to imprisonment for an
offence of more than six months
(e) resigns his office by serving notice in writing on the
corporation; or
(f) is absent from more than three consecutive meetings of
the board without written notification to the board and
it is resolved at a subsequent meeting of the board that
his office be vacated.
(g) Dies.
Vacancy.
- When a vacancy occurs on the board under by-law 9 and
11 the board may appoint an individual to fill that office for
the remainder of the term.
Officers of the
Corporation.
13.(1) At the first meeting of the members of the board held
after the meeting of the corporation at which they were elected,
the board shall designate from its members a chairperson,
vice-chairperson, secretary and treasurer of the corporation.
(2) Notwithstanding paragraph (1) the board may designate
one person to fill the office of secretary and treasurer.
(4) In addition to any other duties assigned to the officers by
the board—
(a) the chairperson or, in the event of his absence or
disability the vice-chairman—
(i) is responsible for the daily execution of the business
of the corporation; and
(ii) shall preside the meetings of the board;
(b) the secretary or, in the event of his absence or
disability another member of the board designated by
the board—
(i) shall record and maintain all the minutes of the
board;
(ii) is responsible for all the correspondence of the
corporation;
(iii) shall carry out his duties under the direction of the
chairman and the board;
(iv) shall give on behalf of the corporation and of the
board all notices required to be given under the
Act; and
(v) shall call for nominations of candidates for
election as members of the board;
(c) the treasurer or, in the event of his absence or
disability another member of the board designated by
the board, shall—
(i) receive all money paid to the corporation and
deposit it as the board may direct;
(ii) properly account for the funds of the corporation
and keep such books as the board directs;
(iii)present to the board when directed to do so by the
board a full detailed account of receipts and
disbursements of the corporation;
(iv) prepare for submission at the annual general
meeting—
(A) a budget for the forthcoming fiscal year of the
corporation; and
(B) an audited statement for the most recently
completed fiscal year of the corporation; and
(v) notify owners of any contributions levied pursuant
to this Act.
(5) A person ceases to be an officer of the corporation if he
ceases to be a member of the board.
(6) If a person ceases to be an officer of the corporation, the
board shall designate from its members a person to fill that
office for the remainder of the term.
(7) If a board consists of not more than three persons, those
persons may perform the duties of the officers of the
corporation in such manner as the board may direct.
Majority vote
and quorum of
the Board.
14.(1) At meetings of the board, all matters shall be
determined by majority vote and in the event of a tie vote, the
chairperson is entitled to a casting vote in addition to his
original vote.
(2) A quorum for a meeting of the board shall be of more
than half of the members of the board.
Written
resolution.
- A written resolution of the board signed by the
chairperson and the secretary of the board has the same effect
as a resolution passed at a meeting of the board duly convened
and held.
Seal of the
corporation.
16.(1) The corporation shall have a corporate seal that shall
not be used except—
(a) under the authority of a resolution of the board;
(b) in the presence of not less than two members of the
board who shall sign the instrument to which the seal
is affixed
(2) Notwithstanding paragraph (1) above, if there are two
members of the corporation, one member may be authorized
by the board to use the seal and sign the instrument to which
the seal is affixed.
Signing
authority.
- The board shall prescribe, by resolution—
(a) those officers or other persons who are authorized to
sign cheques, drafts, instruments and other documents
not required to be signed under the seal; and
(b) the manner, if any, in which the cheques, drafts,
instruments and other documents are to be signed.
Powers of the
board.
- (1) The board shall—
(a) meet at the request of the chairperson to conduct its
business and adjourn and otherwise regulate its
meetings;
(b) meet when a member of the board gives to the other
members not less than seven days notice of a meeting
proposed by him specifying the reason for calling the
meeting; and,
(c) Where the Chairperson and the Vice-chairperson are
not present at the meeting, the board members present
will elect an interim chair for purposes of the meeting.
(2) The board may employ on behalf of the corporation any
agents and employees it thinks necessary to control, manage
and administer the movable and immovable property of the
corporation and the common property and in that respect may
authorize those persons to exercise the powers of and carry out
the duties of the corporation.
(3) The board may, subject to any restriction imposed on it
or direction given to it at a general meeting of the corporation
delegate to any of its members any or all of its powers and
duties as it thinks fit, and may at any time revoke that
delegation.
Duties of the
board.
- The board shall—
(a) cause proper books of account to be kept in respect of
all money received and expended by it and the matters
in respect of which the receipt and expenditure takes
place;
(b) prepare financial statements relating to all money of
the corporation and the income and expenditures of the
corporation for each annual general meeting;
(c) maintain financial records of all the assets and
liabilities of the corporation;
(d) submit to the annual general meeting an annual report
consisting of the financial statements and such other
information as the board may determine or as may be
directed by a resolution passed at a general meeting;
(e) on the application of an owner or chargee of a unit (or
of any person authorized in writing by him) make the
books of account available for inspection at a
reasonable fee at all reasonable times.
Procedure at
meetings
- All meetings of the board and general meetings shall be
conducted according to the rules of procedure adopted by the
board.
extraordinary
meeting.
21.(1) The board—
(a) shall, on the written request of the owners entitled to
vote and who represent not less than twenty five per
cent of the unit owners, convene a meeting; and
(b) may, whenever it considers it proper to do so, convene
a meeting.
(2) If the board does not within twenty-one days after the
date of the making of a requisition under paragraph (1)(a)
proceed to convene an extraordinary general meeting, the
requisition or any of them representing more than one-half of
the aggregate unit entitlement of all of them, may themselves,
in the same manner as nearly as possible as that in which
meetings are to be convened by the board, convene an
extraordinary general meeting, but any meeting so convened
shall not be held after the expiration of three months from the
date on which the requisition was made.
Notice of
meeting.
22.(1) When an annual general meeting or any other meeting
is to be convened, the board shall, not less than twenty one
days prior to the day on which the meeting is to be convened,
give each owner written notice of the meeting stating—
(a) the place, date and time at which the meeting is to be
convened; and
(b) the nature of any special business, if any, to be brought
forth at the meeting.
(2) On being notified by a chargee entitled to vote under
section 24 of the Act that the charge wishes to be notified on
meetings, the board shall give to that chargee the same notices
required to be given to the owner under paragraph (1).
(3) At annual general meeting or any other meeting or
anything done at that meeting is not invalid by reason only that
a person did not receive a notice given under paragraph (1) in
respect of that meeting.
Quorum at
meeting of the
corporation.
23.(1) Except as otherwise provided by these by-laws, no
business shall be transacted at an annual general meeting or
any other meeting unless a quorum of persons entitled to vote
are present or represented by proxy, at the time when the
meeting commences.
(2) A quorum for an annual general meeting or any other
meeting consists of not less than twenty-five per cent of all the
persons entitled to receive notice under by-law 22 being
present in person or represented by proxy at that meeting.
(3) If within thirty minutes from the time appointed for the
commencement of an annual general meeting or any other
meeting a quorum is not present, the meeting shall stand
adjourned to the corresponding day in the next week at the
same place and time and if at the adjourned meeting a quorum
is not present within thirty minutes from the time appointed
for the commencement of the meeting, the persons entitled to
vote who are present or represented by proxy constitute a
quorum for the purpose of that meeting.
(4) Notwithstanding 3 above if the corresponding day
following the adjournment is public holiday, the meeting shall
be held on the day before the public holiday.
Procedure at
meeting of the
corporation.
24.(1) The chairperson or, in the event of his absence or
disability, the vice-chairperson or other officer , shall preside
at the annual general meeting or at any other meeting.
(2) The order of business at an annual general meeting and,
as far as practicable at any other meeting, shall be as follows—
(a) call to order by the chairperson;
(b) call of the roll and certification of proxies;
(c) reading of notice of the meeting;
(d) Adoption of the agenda
(e) confirmation of previous minutes and matters arising
(f) reports from officers;
(g) reports from committees (if any);
(h) presentation of the audited accounts;
(i) Passing of resolutions
(j) new business
(k) election of members of the board;
(l) Any other business
(m)Closing of the meeting.
Voting. 25.(1) At an annual general meeting or at any other meeting a
resolution shall be voted on by a show of hands unless a poll
is demanded by a person entitled to vote and present in person
or by proxy, and unless a poll is so demanded, a declaration by
the chairman that a resolution has on the show of hands been
carried is conclusive proof of the fact without proof of the
number of proportion of votes recorded in favour of or against
resolution.
(2) If a person demands a poll, that person may withdraw that
demand and on the demand being withdrawn the vote shall be
taken by a show of hands.
(3) A poll, if demanded, shall be conducted in a manner
directed by the chairman, and the result of the poll shall be
deemed to be the resolution of the meeting at which the poll
was demanded.
(4) In the case of a tie in a vote taken at an annual general
meeting or at any other meeting, whether on a show of hands
or on a poll, the chairman of the meeting is entitled to a casting
vote in addition to his original vote.
Number of
votes.
26.(1) If a vote is taken by a show of hands, each person
entitled to vote has one vote.
(2) If a vote is taken by a poll, the number of votes that a
person may cast shall correspond to the unit factors for the
respective units represented by that person.
Votes at an
annual general
meeting or
other meeting.
- Except for matters requiring a special resolution or
unanimous resolution, all matters shall be determined by a
majority vote.
Manner of
voting.
- On a show of hands or on a poll, votes cast may be given
either personally or by proxy.
Appointment
of proxy.
- An instrument appointing a proxy shall be in writing in
form [ ] under the hand of the person making the appointment
or of his duly appointed attorney, and may be either general or
for a particular meeting, but a proxy need not be an owner.
Restriction on
voting.
30.(1) Except as provided for in paragraph (2) of this by-law
or section 24 of the Act, there are no restrictions or limitations
on an owner’s right to vote at an annual general meeting or at
any other meeting.
(2) If, at the time of an annual general meeting or of any
other meeting an owner has not paid to the corporation all
contributions that are due and owing in respect of his unit, that
owner shall be ineligible to cast a vote at that meeting in
respect of any resolution other than a special resolution or a
unanimous resolution.
(3) An owner’s ineligibility to cast a vote does not affect the
right of the chargee first entitled in priority in respect of a
charge registered against the title of that owner’s unit to vote
in accordance with the Act.
Vote by co-
owners.
31.(1)If a unit is owned by more than one person, those co-
owners may vote personally or by proxy and—
(a) in the case of a vote taken by a show of hands, those
co-owners are entitled to one vote between them; and
(b) in the case of a vote taken by a poll, a co-owner is
entitled to the portion of the vote applicable to the unit
as is proportionate to his interest in the unit.
(2) A co-owner may demand that a poll be taken.
Signed
resolution
majority vote.
- If a resolution of the members of the corporation requires
a majority vote, that resolution signed in person or by proxy
by all the persons who, at a properly convened annual general
meeting or other meeting, would be entitled to vote, has the
same effect as a resolution duly passed at the meeting.
Capital
replacement
reserve fund.
33.(1) The board shall establish and maintain a fund to be
called the “Capital Replacement Reserve Fund” to be used for
the repair or replacement of—
(a) immovable and movable property owned by the
corporation; and
(b) the common property,
when the repair or replacement does not occur annually.
(2) The board may by resolution determine the amount that
may be paid from the Capital Replacement Reserve Fund in
respect of any single item of expenditure.
Amendment
of by-laws.
- Notwithstanding by-law 20, if a by-law is to be amended,
replaced or repealed, the persons entitled to vote shall be given
written copies of the text of the proposed amendment, repeal
or replacement not less than fourteen days prior to the day on
which the special resolution is to be voted on.
Restrictions in
use.
35.(1) In this by-law—
(a) “occupant” means a person present in a unit or in
or on the immovable or movable property of the
corporation or the common property with the
permission of an owner;
(b) “owner”includes a tenant.
(2) An owner shall not—
(a) use or enjoy the immovable or movable property of the
corporation or the common property in such a manner
as to interfere unreasonably with its use and enjoyment
by other owners or the occupants;
(b) use his unit in a manner or for a purpose that will or
may cause a nuisance or hazard to any other owner or
occupant;
(c) use his unit for any purpose (illegal otherwise) which
may be injurious to the reputation of the property;
(d) make undue noise in his unit or on or about any
immovable property property of the corporation or the
common property;
(e) keep an animal in his unit or in the immovable property
of the corporation or the common property after a date
specified in a notice given to him by the board;
(f) use his unit for any other use other than that indicated
in the sectional plan;
(g) do anything in respect of his unit or the immovable or
movable property of the corporation or the common
property or bring or keep anything on it that will in any
way increase the risk of fire or result in an increase of
any insurance premiums payable by the corporation;
(h) use a toilet, sink, tub, drain, or other plumbing fixture
for a purpose other than that for which it is constructed;
(i) hang or place on the immovable property of the
corporation or the common property or within a unit
anything that is, in the opinion of the board
aesthetically unpleasing when viewed from outside the
units;
(j) leave articles belonging to his household on the
immovable property of the corporation or the common
property when those articles are not in actual use;
(k) obstruct a sidewalk, walkway, passage, driveway or
parking area other than for ingress and egress to and
from his unit;
(l) use any portion of the immovable property of the
corporation or the common property except in
accordance with the by-laws;
(m)use as fuel any substance or material which may give
rise to smoke or fumes or obnoxious smells; or
(n) throw or allow to fall, any refuse or rubbish of any
description on the common property or any part thereof
except in refuse bins maintained by him or in refuse
chutes provided in the building.
(3) An owner shall—
(a) ensure that any occupant of his unit complies with the
requirements of paragraph(2) as if he was the unit
owner;
(b) take all reasonable steps to ensure that his visitors do
not behave in a manner likely to interfere with the
peaceful enjoyment of the owner, occupier or other
resident of any other unit or of any person lawfully
using the common property; and
(c) take all reasonable steps to ensure that his visitors
comply with any by-laws of the corporation relating to
the parking of motor vehicles.
(4) An owner may, without obtaining the consent of the
corporation paint, wall paper or otherwise decorate the
structure which forms the inner surface of the boundary of his
unit or office locking devices, flyscreens, furnishings,
furniture, carpets and other similar things to that surface, if and
so long as such action does not unreasonably damage the
common property.
Internal
Disputes
Resolution
Committee
- (1) Pursuant to Section 20(6) of the Act, the corporation
shall constitute an Internal Disputes Resolution Committee
on a need basis to hear disputes whenever they arise.
(2) The Committee shall comprise not less than 3 members
and not more than 5 members of the Corporation.
(3) The Board shall appoint the Chairperson and the
Secretary to the Committee.
(4) The committee shall sit and dispense on the matter within
reasonable timelines as directed by the board.
(5) Where the dispute is brought against the Board or a
member of the Board, a board member who may have been
appointed to the committee shall excuse themselves.
(6) The Committee shall hear and determine the matter
within timelines specified and communicate its determination
to the disputing parties with a copy being given to the board
(7) The committee shall have powers to summon parties
involved in the dispute.
(8) The committee shall provide a written notice of not less
than 7 days when such summons are given.
(9) Where a party fails to appear after being summoned, the
committee shall proceed to determine the matter and give its
verdict.
(10) Where a party is aggrieved by the decision of the
committee they may seek other legal redress mechanisms.
(11) The committee in its deliberations shall ensure
impartiality in determining the matter brought before it and
give every member a fair hearing.
Acceptance 37. We the undersigned Executive members of the Board of
Owners Sectional Plan No[ ] Corporation do hereby accept and
receive these by-laws for and on behalf of the Corporation.
TITLE NAME I.D NO. SIGNATURE
CHAIRMAN:
……………………………………………………………………
……………
VICE CHARIMAN:
……………………………………………………………………………
….
SECRETARY:
……………………………………………………………………………
……..
TREASURER:
………………………………………………………………………………….
OFFICIAL CERTIFICATION
I CERTIFY that the foregoing by-laws of the Owners Sectional
Plan No[ ]Corporation have been approved and duly
registered.
Given under my hand at ………this ………… Day of
………………. 20…….
…………………………………..
Registrar
[ ]Land Registry
Made on the ……………………………………, 2021
FARIDA KARONEY,
Cabinet Secretary for Lands and Physical Planning.
SCHEDULE
FORMS
Forms
Form SP 1 [Regulation 2 ]
APPLICATION FOR REGISTRATION OF CORPORATION
To the Land Registrar
………………………………………………..Land Registry.
I/We, the owner(s) of Units built on land parcel no. ………………………………………………………………………
on this ……………………day of ……………20……………
hereby apply for registration of Corporation for Sectional Property within the said land parcel.
My/Our details are as follows:
Name ID/PP No Unit No. Address Signature
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
SECTIONAL PLAN REGISTER
Form SP2
[Regulation 2]
…………………….UNITS
SECTIONAL PLAN NO. …………………..
Edition PART A-PROPERTY SECTION
Opened Particulars of Sectional Property
Registration Section
Lessor………………………………………………………………………………………………………………..
Lessee……………………………………………………………………………………………………………….
User………………………………………………………………………………………………………………….
Rent………………………………….Term……………………..From………………………………………
Easements……………………………………………………………………………………………………….
………………………………………………………………………………………………………………………..
For Appurtenance See Registered Lease
Parcel Number
(Orig. Parcel no.
)
Approximate Area
in hectares
No. of Units……
Cadastral Map
Sheet No…………..
Cadastral Plan No.
…………………
Form SP 3 [Regulation 2]
CORPORATION REGISTER
S/No. Name
of
Corpora
tion
Postal and
E-mail
Addresses
Registra
tion
Number
Land
Registratio
n Unit
Count
y
Sub-
County
Title
Number
Unit
Numb
ers
Membe
rship
1.
2.
3.
Form SP 4 [Regulation 2]
CERTIFICATE OF REGISTRATION
This is to certify that the Owners, Sectional plan No……………. in the County of ……….. has been
duly registered as a corporation on this …………..day of………………20…… under my hand and the
seal of …………………………………….Land Registry.
…………………
Land Registrar
Form SP 5 [Regulation 2]
UNIT REGISTER (FREEHOLD)
Edition: PART A-PROPERTY SECTION
Opened:
User:…………………………………..
Nature of Title
Registration Section
Unit Number ……..and …………….. One Ten
Thousandth Shares in the Common
Property Therein
Freeehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit
Number…………………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered
Proprietor
Address or
Description of
Reg. Proprietor
Consideration and
Remarks
Signature of the
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP 6 [Regulation 2]
UNIT REGISTER (LEASEHOLD)
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One
Ten Thousandth Shares in the
Common Property Therein
Lessor………………………………..
Lessee……………………………….
Rent……………….. User……………….
Term…………………….Years…………..
From……………………………………….
Leasehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit Number……………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered
Proprietor
Address or
Description of
Reg. Proprietor
Consideration and
Remarks
Signature of the
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP7 [Regulation 3]
CERTIFICATE OF TITLE FOR SECTIONAL PROPERTY
Title Number………………………………………………………………………………………………………………………………………
Unit Number…………….and………………one ten thousandth shares in the common property herein.
Approximate Unit Floor Area………………………m2 User…………………………………………………………………….
Sectional Plan No. ……………………………………………………………………………………………………………………
THIS IS TO CERTIFY THAT ……………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
is (are) now registered as the absolute owner(s) of the freehold interest comprised in the above
mentioned title, subject to such of the overriding interests set out in section 28 of the Land Registration
Act as may for the time being subsist and affect the unit.
GIVEN under my hand and seal of the………………………………………………………………………………Land Registry
this …………………day of………………………20………………..
……………………………………………….
Land Registrar
At the date stated on the front hereof, the following appeared in the register relating to the unit:
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One Ten
Thousandth Shares in the Common
Property Therein Freehold
Approximate Unit Floor Area……………..m2
(Original Parcel/Unit
Number…………………)
Sectional Plan Number…………………..
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered Unit
Owners
Address and
Description of
Registered Unit
Owner
Consideration
and Remarks
Signature of
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP8 [Regulation 3]
CERTIFICATE OF LEASE FOR SECTIONAL PROPERTY
Title Number ……………………………………………………………………………………………………………………………………………
Unit Number………………….and……………………………..one ten thousandth shares in the common property
herein
Approximate Unit Floor Area………………………m2
User………………………………………………………………………………………………..Rent…………………………………………..
Term…………………………………………………..Years from………………………………………………………………………………
Sectional Plan No ……………………………………………………………………………………………………………………………………
THIS IS TO CERTIFY THAT ……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………………………
is (are) now registered as the unit owner(s) of the leasehold interest comprised in the above mentioned
title, subject to such of the overriding interests set out in section 28 of the Land Registration Act as may
for the time being subsist and affect the unit.
GIVEN under my hand and seal of the………………………………………………………………………………Land Registry
this …………………day of………………………20………………..
…………………………………………………….
Land Registrar
At the date stated on the front hereof, the following appeared in the register relating to the unit:
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One
Ten Thousandth Shares in the Common
Property Therein
Lessor………………………………..
Lessee……………………………….
User………………………………Rent………..
Term…………………….Years
From……………………………………….
Leasehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit
Number………………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Name of
Registered Unit
Owners
Address and
Description of
Registered Unit
Owner
Consideration
and Remarks
Signature of
Registrar
Form SP 9 [Regulation 11 ]
APPLICATION FOR ENDORSEMENT BY COUNTY GOVERNMENT
(To be submitted to appropriate County Government in Triplicate)
To;
County Executive Committee Member
(Responsible for Approval of Building Plans)
COUNTY GOVERNMENT OF …………………………………………………
I/We hereby apply for the endorsement of the Sectional Plan in respect of building developed on parcel
No: ……………………………………………………………… (Original Parcel
no:………………………………………………………………………………………..) to confirm its conformity with the building
plan.
Owner:…………………………………………………….
Address…………………………………………………..
Applicant …………………………………………………………………………………………
Address ……………………………………………………………………………
Signature ……………………………………………………………………………
Date:…………………………………
Form SP 10 [Regulation 13(1)]
SCHEDULE OF UNIT FACTORS
Unit Number User Approximate
Floor Area m2 Unit Factor
Form SP 11 [Section 13(2)
Total 10,000
DERIVATION OF UNIT FACTORS
There appears to be no prescribed formula for allocating unit factors or unit entitlement. Its
determination is based on unit floor area or on the selling/ value of the unit or on location/position of
the unit or on combination of these factors. Whatever method is used, it is important that the unit
factors are made equitable.
Generally the method based on Unit floor area is commonly used and it is recommended that until
such a time as other considerations will come to play, we base our unit factor determination on floor
areas of the units.
For units numbered 1,2,3 and 4 in a sectional property building of floor areas a,b,c and d square
metres respectively the corresponding unit factors shall be:
Unit 1:
a
∑ A
X 10,000
Unit 2:
b
∑ A
X 10,000 etc
Where ∑ A=a+b+c+d, ie, sum of the floor areas of all the units in the building(s).
Since a/∑ A or b/∑ A will be a fraction cumbersome to work with in ordinary life, the figure of 10,000
is used in the multiplication purely for the convenience of obtaining whole numbers for the units.
Also since in a given situation ∑ A is a constant the sum of all the derived units factors should, in the
rounding up/down of the figures be equal to 10,000.
In the sectional plan of sub-division or consolidation, the unit factor or factors for the unit or units in
the original sectional plan that are included in the sub-division or consolidation shall be apportioned
among the newly created units or unit-section 12(4) of the Act.
Important role of the unit factors necessitates accurate determination of the unit floor areas based on
precise measurements of unit boundaries.
Form SP 12 [Regulation 14(f)]
LEGEND
A legend is to explain, among other items, the boundaries of the units, unit measurements, building
locations and dimensions. An example of a typical legend is as follows:
All building location dimensions are perpendicular to the property lines unless otherwise shown
(radical tie distances if used should be specified (R))
All building location dimensions and exterior building dimensions are to the exterior of the
concrete foundation walls (or to the exterior surface walls or an inset may be drawn to show
clearly the point of measurement)
The boundary of any unit with common property is the undecorated interior surface of the unit
floor, wall or ceiling as the case may be (or is as stipulated in section 6(1) of the Sectional
Properties Act and illustrated thus………………………………………………………..)
All unit dimensions and floor areas are measured to the undecorated interior surface of the unit
at floor level.
Or
All major plumbing, electrical, mechanical and structural facilities passing through or existing
within unit boundaries that are required for the operation and support of the main building are
common property.
Balconies and patios designated B1, etc and P1, etc respectively are common property that may
be leased to the owner of the unit pursuant to section 22 and 23 of the Sectional Properties Act
( and /or exclusive possession areas are common property and delineated
thus………………………………………………………..and /or all carports are denoted C15 delineated
thus ………………………………………………………………………………………………… and/or are exclusive
possession common property and may be leased or otherwise granted by the corporation to a
unit owner pursuant to section 22 & 23 of the Act.
Form SP 13 [Regulation 17]
CONSENT OF UNIT OWNER(S) FOR SUB-DIVISION OR CONSOLIDATION OF A SECTIONAL PLAN
Reference is made to an application by …………………………………………………………. the registered owner(s) of
unit(s) number ………………… for Sub-Division / Consolidation of the unit(s).
I/We, …………………………………………………………. of Post Office Box Number ………….. – ……………, ………………….
being the registered owner(s) of the below listed unit(s) HEREBY CONSENT to Sub-Division / Consolidation
of the units. I/We further confirm and undertake that in the event of the Commission exercising its
statutory power of sale we shall issue a Share Certificate in favour of the Purchaser.
No. Name of Unit Owner ID/PP No. Unit No. Postal Address E-mail Address
Signature Date
- ………………………………………….. ………………………….. ……………… ………………… ………..
- ………………….. ……………… …………………………………….. ……………………………… ………………………..
- ……………………….. ……………………………… ……………………………… ………………………..
Form SP 14 [Regulation 19(1)]
APPLICATION FOR CONVERSION OF SUB-LEASES/LONG-TERM LEASES
To the Land Registrar
…………………………………………………..Land Registry.
I/We, the owner(s) of Units built on land parcel no. ……………………………………………………………………… on
this ……………………day of ……………20……………
hereby apply for registration and issuance of certificates of lease/title under the Sectional Properties
Act.
The following documents are enclosed.
Document/Instrument Number
(where applicable)
confirmed
1 Sectional Plan
2 Sub-leases/Long-term leases
3 Original Title of the land parcel
4
5
My/Our details are as follows
Name ID/PP No Unit No. Address Signature
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
Form SP 15 [Regulation 22(1)]
INTENTION TO RENT NOTICE TO CORPORATION
To;
(Name of Corporation)
I/We ………………………………… the owner(s) of Unit No. …….. intend(s) to rent out my unit and for purposes
of service of a notice under Regulation 23, please use:
NAME…………………………………..
TEL:……………………………………
E-mail:…………………………………..
P.O. Box………………………………..
I hereby give my undertaking that I shall be liable for any damages caused by the tenant.
(Signed)
Name of Owner(s)
Form SP 16 [Regulation 22(2)]
TENANCY NOTICE TO CORPORATION
To;
(Name of Corporation)
I/We ………………………………… the owner(s) of Unit No. …….. have entered into a tenancy agreement with
the person whose details are as hereunder:
NAME (of tenant)…………………………………..
TEL:……………………………………
E-mail:…………………………………..
P.O. Box………………………………..
(Signed)
Name of Owner(s)
Form SP 17 [Regulation 23(1)]
CORPORATION NOTICE TO UNIT OWNER: TENANT IN BREACH OF BY-LAWS
To;
Name……………………
Owner Unit No…………….
This is to notify you pursuant Section 45 of the Sectional Properties Act, 2020 that the tenant currently
in occupation of Unit No. ….. has caused the contravention/ has contravened the by-laws by:
- …………………………………………………………………..
- …………………………………………………………………..
Please take necessary action to ensure compliance within ………………. days from the date hereof.
If necessary action is not taken within the period specified, a vacation notice shall be issued to the
tenant pursuant to Section 46(2) of the Sectional Properties Act, 2020 without further reference to you.
(signed)
(name of person signing)
FOR: (Name of Corporation)
Form SP 18 [Regulation 23(2)]
VACATION NOTICE TO TENANTBY CORPORATION
To
(Name & address of tenant)
Unit No………………………….
This is to notify you that you are required to vacate Unit No. ……… pursuant to Section 46(2) of the
Sectional Properties Act, 2020 within ………….. days from the date hereof having caused the
contravention/contravened the by-laws by:
- …………………………………………………………………..
- …………………………………………………………………..
- ………………………………………………………………….
TAKE NOTE that the Corporation shall take all necessary action to ensure compliance of this notice upon
expiry of the specified period.
(signed)
(name of person signing)
FOR: (Name of Corporation)
Form SP 19 [Regulation 24(1)]
PUBLIC NOTICE ON THE TERMINATION OF SECTIONAL STATUS
Whereas Owners of Sectional Plan No………………of P.O Box in the Republic of Kenya, are registered as
proprietors in absolute or leasehold interest of all the Units numbered (in the format: Registration
Unit/Block no./parcel no./unit no.s)………………………………………………………….. situated in the County
of……………………..Whereas evidence has been adduced to show that a unanimous resolution of the owners
has been reached to terminate the sectional status, notice is given that after the expiration of ninety days
(90) from the date hereof I shall terminate the sectional status provided that no objection has been
received within that period.
Dated the……..day of………..20………
……………………………………
Land Registrar
Form SP 20 [Regulation 26]
NOTICE OF CHANGE OF ADDRESS
The Owners, Sectional Plan No…………………………………………………………………hereby give notice that by a
resolution of the Board dated ……………………………………………..it has designated
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
as the address at which documents may be served on the Corporation.
Dated this………………………………………………………….day of ………………………………….20……………………
The Seal of the Owners, Sectional Plan No……………………………………was affixed on …………………………………
in the presence of …………………………………………………………………………………………………………………………………
………………………………………………..
Members of the Board
Form SP 21 [Regulation 27]
NOTICE OF CHANGE OF BOARD
The Owners, Section Plan No…………………………………hereby gives notice that on the
……………………………day of ……………………………..20……………………the following persons were appointed
members of the Board of the Owners, Sectional Plan No………………………………………………………………..
Name ID No Address
…………………………………………………… ………………………… ……………………………………………………
…………………………………………………… ………………………… …………………………………………………….
Notice is also given that on the ………………………………….day of …………………………………..20………………… the
following persons ceased to hold office as members of the Board:
Name ID No Address
………………………………………………….. …………………… ……………………………………………………
…………………………………………………. …………………… …………………………………………………………
The members of the Board are as of this date:
Name ID No Address
………………………………………………….. …………………… …………………………………………………..
………………………………………………….. …………………… ……………………………………………….
Dated this ……………………………………….day of …………………………………………20………………..
The Owners, Sectional Plan No…………………………………………..was affixed on ……………………………………..in
the presence of……………………………………………………………………………………………………………………………………
…………………………………………………………
Members of the Board
Form SP 22 [Regulation 28]
NOTICE OF CHANGE OF BOARD MEMBERSHIP ON EXIT OF UNIT OWNER
The Owners, Section Plan No…………………………………hereby gives notice that on the
……………………………day of ……………………………..20……………………the following persons exited the
corporation .
Name ID No Unit No. Address
…………………………………………………… …………………… …………………… …………………………………
…………………………………………………… ………………… …………………… ………………………………….
…………………………………………………… …………………… …………………… …………………………………
…………………………………………………… ………………… …………………… ………………………………….
The following person(s) joined the Corporation in place of those who exited.
Name ID No Unit No. Address
………………………………………………….. ……………… …………………… ………………………………………..
………………………………………………….. ……………… …………………… ……………………………………….
………………………………………………….. ……………… …………………… …………………………………..
………………………………………………….. ……………… …………………… ……………………………….
Dated this ……………………………………….day of …………………………………………20………………..
The Seal of The Owners, Sectional Plan No…………………………………………..was affixed on
……………………………………..in the presence
of……………………………………………………………………………………………………………………………………
…………………………………………………………
Members of the Board
E SECTIONAL PROPERTIES ACT
(No. 21 of 2020)
IN EXERCISE of the powers conferred by section 59 of the Sectional Properties Act,
2020, the Cabinet Secretary for Lands and Physical Planning makes the following Regulations─
THE SECTIONAL PROPERTIES REGULATIONS,
2021
Citation.
- These Regulations maybe cited as the Sectional Properties
Regulations, 2021.
Registration
of sectional
plans.
LN 278/2017
2.(1) A person who wishes to register a sectional plan in
accordance with section 4 of the Act shall apply for
registrationin Form LRA 9 set out in the Sixth Schedule to the
Land Registration (General) Regulations, 2017.
(2) The application under paragraph (1) shall be
accompanied by─
(a) the original certificate of title or lease to the parcel in
respect of which the sectional plan is made; and
(b) an application for the registration of the corporation in
Form SP1 set out in the Schedule.
(3) The registrar shall consider an applications made under
(1) and (2)(b) and pursuant to section 5(1)(a) of the Act
proceed to close the register of the parcel described in it and─
(a) register the sectional plan in a Sectional Plan Register
kept in Form SP2 set out in the Schedule; and
(b) register the Corporation in the Corporation Register in
Form SP3 set out in the Schedule and issue a
registration certificate for the Corporation in Form SP4
set out in the schedule.
(4) Subject to the Sectional Plan Register opened under
paragraph (3), the Registrar shall open Unit Registers in form
SP5 set out in the Schedule if the parcel is freehold, and Unit
Registers in Form SP6 set out in the Schedule if the parcel is
a leasehold.
(5) The Registrar shall issue certificates of title and a
certificates of lease for every respective unit Register for
freehold and Unit Register for leasehold opened under
paragraph (4), in Form SP7 and SP8 set out in the Schedule.
LN 278/2017
(6) Provisions of the Land Registration (General)
Regulations 2017 on circumstances under which the Registrar
may reject a defective instrument for registration and right to
appeal thereof shall apply to both application for registration
of a Sectional Plan and that of a Corporation.
Recording of
the particulars
of sectional
plans.
3.(1) The Registrar shall record in the Sectional Plan Register
kept under regulation 2(4) particulars of all the sectional plans
as registered under the Act.
(2) Every registered sectional plan shall be allocated a
progressive number by which it may be identified in the
Sectional Plan Register.
Submission of
sectional plan
to county
governments
- Pursuant to section 9(2) of the Act, the registrar shall upon
registration of a sectional plan submit to the county
government of the area in which the parcel is located a copy
of the sectional plan.
Execution of
instruments.
- The provisions of sections 44 and 45 of the Land
Registration Act and the Land Registration (General)
Regulations, 2017 on the execution and verification of
instruments shall apply on instruments specified under this Act
and registered under Land Registration Act.
Fees.
- The fees payable for any procedure or function under the
Act shall be the fees prescribed under the Land Registration
Act, 2021.
Power of
attorney.
- All powers of attorney registered under the Land
Registration Act shall be deemed to be powers registered
under this Act where applicable.
Sectional
plan.
- A plan to be presented for registration as a sectional plan,
a sectional plan of sub-division or as a sectional plan of
consolidation shall—
(a) be drawn in waterproof ink, on tracing linen or
polyester film or such other material that is of size and
nature that is acceptable to the Director of Surveys;
(b) be prepared in sheets, each sheet of the plan being
endorsed in the upper right hand corner with the words
“Sheet of Sheets” with the appropriate numbers filled
in; and
(c) consist of—
(i) the first sheet on which are set out matters
prescribed by section 9 and 11 of the Act; and
(ii) further sheets containing such elevations, sections,
plans diagrams and other information required
under section 9 of the Act.
The signing
and
endorsement
of sheets.
9.(1) The first sheet of the plan shall before it is presented for
registration, be signed by—
(a) a surveyor ;
(b) the County Government; and
(c) the owner of the property,
and be submitted to the authority responsible for survey for
authentication.
(2) An application for endorsement by the County
Government under section 11 of the Act shall be made in Form
SP 9 set out in the Schedule.
(3) where the sectional plan is in conformity with the
building and archtechtural plans, the County government shall
endorse on the face of the sectional plan.
Requirements
of
plan sheets.
10.(1) The sheets required by section 9(1)(b) and (d) of the
Act shall respectively bear the statements “Site and Building
Location Plan” and “Floor Plan” and shall—
(a) be drawn with the north point directed upwards and
parallel to the sides of the plan form; and
(b) be to a scale, selected from the standard scales
tabulated in regulation 89 of the Survey Regulations
which will allow all details and notations to be clearly
shown and that the area of a unit shall not be less than
five square cm.
(2) Every detail shown on a plan shall be distinct, and the
cramping of figures shall be avoided
Expression of
words, letters,
figures and
symbols.
11.All words, letters, figures and symbols appearing on the
sectional plan, shall, except where the Authority Responsible
for Survey otherwise approves, be—
(a) shown in capital letters;
(b) open in formation and construction; and
(c) drawn in an upright style.
Illustration of
units on a
floor plan.
12.(1) Every floor plan of a sectional plan presented for
registration shall illustrate the units which shall be numbered
consecutively commencing with the first unit and terminating
with a unit number to correspond to the total number of units
comprised in the parcel.
(2) Where a numbered unit is shown as consisting of more
than one part, each part shall be described as part of that
numbered unit.
(3) In a plan presented for registration as a sectional plan of
sub-division or sectional plan of consolidation, the original
unit shall be cancelled in the existing sectional plan and the
new unit shall be numbered consecutively, the lowest new unit
number being greater by one than the highest number in the
existing sectional plan.
Expression of
units.
13.(1) The schedule specifying the unit number, unit factor,
the approximate floor area and user for each unit expressed in
square metres, for the purposes of section 9(1)(f) of the Act
shall be in form SP 10 set out in the Schedule.
(2) To each unit there shall be assigned a unit factor as shown
in form SP 11 set out in the schedule so that the total of the
unit factors for all units in the parcel is equal to ten thousand.
Matters to be
set out in a
site and
14.(1) A site and building location plan presented in support
of a sectional plan or a sectional plan of subdivision or
building
location plan.
sectional plan of consolidation shall in addition to matters
referred to in regulation 11(c)(i) set out—
(a) abutting boundaries, co-ordinates of beacons, lengths
and bearings of the external boundaries of the parcel as
required by regulations 91 and 92 of the Survey
Regulations;
(b) the georeferenced external limits of the building, the
building dimensions and the tie line measurements
relating the building to the parcel boundary;
(c) any subsisting assessment or utility rights of way;
(d) where any encroachment exists in respect of a wall, the
relationship of the inner surface of the wall to parcel
boundary beyond which the wall encroaches;
(e) exclusive possession areas and extent of the common
property area; and
(f) a legend to explain, among other items, the boundaries
of the units, unit measurements, building locations,
dimensions and symbols, as shown in the relevant form
in the Third Schedule.
(2) Building dimension and tie measurements shall be
recorded to 0.01 of a metre.
(3) The areas of a unit shall be recorded to 0.1 square metre.
Notification
of subdivision
and
illustration of
units.
15.(1) Before registering a sectional plan of subdivision of a
unit or units, the Registrar shall cause to be—
(a) endorsed on the original registered sectional plan, a
notification of the subdivision; and
(b) indicated on the diagram in the original registered
sectional plan, illustrating the unit or units being
subdivided that the unit or units are subdivided.
Notification
of
consolidation
and
illustration of
units.
16.(1) Before registering a sectional plan of consolidating of
a unit or units, the Registrar shall cause to be—
(a) endorsed on the original registered sectional plan a
notification of the consolidation; and
(b) indicated on the diagram in the original registered
sectional plan, illustrating the unit or units being
consolidated that the unit or units are consolidated.
Incidental
rights
- Where the sub-division of a unit or consolidation of units
is likely to affect incidental rights of any unit owner in respect
of common property and all other rights appurtenant as
provided under section 7 of the Act, a sectional plan for sub-
division or Consolidation in that respect shall not be registered
unless an affected owner gives consent in form SP12 set out
in the schedule
Addition of
continuation
sheets.
18.(1) The Registrar may add continuation sheets to a
sectional plan register on which may be made any
endorsement, registration memorandum, notification or other
entry that is to be or may be made on the register.
(2) Each such sheet added to the register by the Registrar
pursuant to paragraph (1) shall—
(a) be numbered consecutively; and
(b) be signed by the Registrar.
Conversion to
units.
19.(1) Pursuant to section 13(2) of the Act a registered
proprietor of a parcel or a developer making an application for
conversion of longterm leases to sectional units shall submit a
sectional plan for registration to the registrar in form SP 13 set
out in the schedule.
(2) Where the management company has custody of the
parcel title or where the developer has failed to make an
application under paragraph (1) above, the management shall
submit a sectional plan for registration in terms of paragraph
(1).
(3) Where the registered proprietor or the management
company as the case may be fails to make the application
under paragraph (1) or (2), the unit owners shall submit a
sectional plan for registration in terms of paragraph (1).
(4) The registrar shall dispense with the production of the
title to the parcel in applications made under paragraphs (2)
and (3).
(5) Where a property is charged, the application in paragraph
(1) shall be made by the proprietor but shall be submitted by
the encumbrancer or appointed representative for issuance of
a new title noted with the encumbrances, to the encumbrancer.
(6) Failure by a registered proprietor of a parcel, a developer,
a management company or an owner of a unit to submit a
sectional plan for registration to the registrar shall not
invalidate the security held by the encumbrancer.
(7) In the event of the chargee exercising its statutory power
of sale, the Registrar shall issue a new title in the name of the
transferee upon registration of transfer by chargee.
Documents to
accompany an
application for
conversion.
20.(1) The following documents will accompany an
application for conversion─
(a) sectional Plan;
(b) sublease/long-term lease;
(c) the parcel title and/or a Copy of the parcel title;
(2) Where the original title is not available─
(a) an indemnity in cases where the management company
or owners of the units are unable to avail the original
title to the parcel; refer to Regulation 27 and 28 of LRA
(general) regulations 2017;
(3) The registrar shall issue a notice to be published in the
Gazette calling for the title for purpose of conversion.
(4) At the expiry of sixty days from the date of notice, if the
title is not availed, the registrar shall proceed to close the
parcel register and register the sectional plan.
No. 3 of 2012
(5) The registrar shall register the sectional plan and issue
the owners of the unit with certificate of title/lease in
accordance with section 54(5) of the Land Registration Act,
2012.
Amendment
of by-laws.
21.(1) where the corporation deems it necessary to amend its
bylaws pursuant to section 29 of the Act, the amended copy
shall be filed with the registrar who shall note on the sectional
plan if satisfied that the amendments are in conformity with
the Act.
(2) On noting amendment of the bylaws in paragraph (1),
the Registrar shall endorse on the relevant corporation register
a notification which shall—
(a) contain any particulars the Registrar directs; and
(b) be signed by the Registrar.
Notice by
owner
- (1) An owner desiring to rent his unit shall notify the
corporation in form14 set out in the schedule wherein he shall
provide his address for effecting a notice under Regulation 23.
(2) upon renting the unit, the owner shall within 21 days from
commencement of the tenancy notify the corporation of the
name of tenant residing in the unit in form15 Set out in the
schedule.
(3) On lapse of tenancy agreement, the owner shall within
20 days give notice to the corporation in form ….set out
in the schedule
Notice by the
corporation
- (1) where a tenant occupying a unit is in breach of the by-
laws as provided under Section 46, the corporation shall notify
the owner of the unit in form16 set out in the schedule to take
necessary action
(2) where a notice under paragraph (1) has been given and the
owner has failed to take necessary action, the corporation shall
give notice to the tenant to vacate the premises in form 17 set
out in the schedule
Termination
of sectional
status.
24.(1) A notice of the termination of the sectional status of a
building shall be in form SP 18 set out in the Schedule.
(2) On receipt of a notice referred to in paragraph (1), the
Registrar shall endorse on the relevant sectional plan register
a notification of the termination of the sectional status and the
vesting of the parcel in the owners.
(3) The notification shall contain any other particulars the
Registrar directs and shall be signed by the Registrar.
Transfer of
parcel.
- Where a parcel is transferred by a corporation pursuant to
section 49 of the Act, the Registrar shall—
(a) enter on the relevant sectional plan register a
notification of the cancellation of the plan; and
(b) indicate in an appropriate manner on any relevant
register that the sectional plan has been cancelled.
Notification
of change of
address.
- where there is change of address, the corporation shall
nitify the registrar of such change in form SP 19 set out in
the Schedule.
Notification
of change of
Board
membership.
- Where there is a change to board membership as provided
under 26(2) of the Act the corporation shall give notice to the
registrar in form SP 20 set out in the Schedule and such
changes shall be noted in the Corporation Register.
Notification
of change of
corporation.
Extension or
renewal of
lease.
Submission of
forms and
plans
electronically.
- (1) On the change of membership of the corporation by
way of exit or entry of a unit owner, the corporation shall give
notice to the registrar in form SP21 set out in the Schedule.
(2) The registrar shall accordingly amend the unit register and
the corporation register. - An application for extension or renewal of the lease term
shall be made through the corporation by all the unit owners
from the same sectional plan as provided under the Land
(Extension and Renewal of Leases) Rules 2017. - All forms and plans referred to in these regulations may
be submitted in electronic form.
FIRST SCHEDULE
THE OWNERS, SECTIONAL PLAN NO.(to specify the
number given to the plan on registration)
SECTIONAL PROPERTIES CORPORATION BY-
LAWS
Name and
address
- (1) The corporation shall be called “The Owners Sectional
Plan No….Corporation” hereinafter referred to in these by-
laws as “The Corporation” and it is registered in [ ]Registration Unit within[ ] County.
(2) The registered office of the Corporation shall be at
…………………. and the postal address shall be
…………………
Notice of any change of address shall be given to the Registrar
within 30 days of the resolution of the board to change address
is taken.
Interpretation. 2. (1) In these By-laws, unless the context otherwise suggests
words or phrases shall be defined and interpreted in
accordance with the Sectional Properties Act, 2020 and the
Regulations made there under hereinafter referred to as the
“Act” and “Regulations” respectively
(2)In these by-laws save as otherwise expressly stated:
“general meeting” means an annual or special general meeting
physically, virtually or hybrid of the two convened by the
corporation to conduct business of the Corporation;
“Tenant” means a person renting a unit
(3) The rights and obligations given or imposed on the
corporation or the owners under these by-laws are in addition
to any rights or obligations given or imposed on the
corporation or the owners under the Act.
Objects 3. (1)These Bylaws are made pursuant to Section 29 of the Act
to provide for the control, management and administration of
the units, the movable and immovable property of the
Corporation and the common property.
(2)In addition to the bylaws prescribed herein, the Corporation
may pursuant to the Act make other bylaws that are responsive
and serve the demand of a specific development
Duties of the
owner.
- An owner shall—
(a) permit the corporation and its agents, at all reasonable
times on notice (except in case of emergency when no
notice is required), to enter his unit for the purposes
of—
(i) inspecting the unit;
(ii) maintaining, repairing or replacing pipes, wires,
cables and ducts existing in the unit and used or
capable of being used in connection with the
enjoyment of any other unit or common property;
(iii)Maintaining or repairing the common property; or
(iv) ensuring compliance to the by-laws;
(b) forthwith carry out all work that may be required by
the corporation pursuant to these by-laws or as
required by a County Government or other public
authority in respect of the unit, other than any work for
the benefit of the building generally; and pay all rates,
rent, taxes, charges and assessments that may be
payable in respect of the unit;
(c) maintain the unit in a state of good repair;
(d) Immediately notify the corporation of—
(i) any change in the ownership of the unit; or
(ii) any charge registered against the unit; and
(e) not make structural, mechanical or electrical
alterations to his unit or to the common property
without the prior written consent of the board, which
shall not be unreasonably withheld, and shall prior to
making any such alteration give to the board not less
than fourteen days’ notice in writing (including a
description of the proposed alteration) before the
intended date of commencement of the proposed
alteration and shall not commence the same until such
written consent as aforesaid has been received by him.
Powers of the
corporation.
5.(1) The corporation may—
(a) acquire movable property to be used—
(i) for the maintenance, repair or replacement of
the immovable or movable property of the
corporation or the common property; or
(ii) by owners in connection with their enjoyment
of the immovable and movable property of the
body corporate or the common property;
(b) borrow money required by it in the better performance
of its duties or the exercise of its powers, subject to the
borrowing limit allowed by owners in an annual
general meeting;
(c) secure the repayment of money borrowed by it and
interest on that money by a negotiable instrument, a
mortgage on unpaid contributions (whether levied or
not), or a mortgage or charge over any property not
being immovable property owned by it or by any
combination of those means;
(d) charge interest under Section 32 of the act on any
contribution owing to it by an owner at the rate not
exceeding the base lending rate as published by the
Central Bank of Kenya from time to time or as may
be fixed by resolution of the corporation in general
meeting;
(e) make an agreement with an owner or tenant of a unit
for the provision of amenities or services by it to the
unit or to the owner or tenant of the unit;
(f) where the supply of electricity or water or gas to a unit
is regulated by means of a sub-meter, require the
owner or other occupier of the unit to pay to the
corporation by way of security for the payment of
charges arising through the sub-meter an amount not
exceeding shillings ** and if any amount is so paid is
applied by the corporation to meet such utilities, to pay
such further amount or amounts by way of such
security as may be necessary to maintain the amount
of the security as, subject to this paragraph, the
corporation may require;
(g) if the owner or other occupier of a unit in respect of
which a sub-meter is used for the supply of electricity
or water or gas refuses or fails to pay any charges due
for the supply of electricity or water or gas to that unit,
apply in payment of those charges all, or such part as
is necessary; of any amount paid to the corporation by
that owner or occupier under paragraph (f) including
any interest that may have accrued in respect of that
amount under paragraph (2)(a);
(h) by agreement with a particular owner, grant him
exclusive use and enjoyment of part of the common
property or special privileges in respect of the
common property or any part of it in accordance with
section 40 of the Act.
(i) Give notice to the owner of the unit if the tenant
occupying the unit is in breach of the by-laws as
provided in the regulations
(j) Give notice to a tenant to vacate the premises if the
owner fails to take necessary action as per notice given
under paragraph (I) above and the bylaws.
(2) The corporation shall—
(a) lodge every sum received under paragraph (1)(f) to the
credit of an interest bearing account with a bank to be
determined by the corporation and all interest accruing
in respect of amounts so received shall, subject to
paragraph (1)(g), be credited to the account of the
corporation
(b) maintain in a state of good and serviceable repair, the
fixtures and fittings (including lifts) existing on the
property and used or capable of being used in
connection with the enjoyment of more than one unit
or the common property;
(c) where a person who has paid an amount under
paragraph (1)(f) to the corporation satisfies the
corporation that he is no longer the owner or occupier
of a unit and that the corporation no longer has any
liability or contingent liability for the supply of
electricity or water or gas or other utilities to that unit
during the period when the person was an owner or
occupier of the unit, refund to that person the amount
then held on his behalf under paragraph (1)(f);
(d) where practicable, establish and maintain suitable
lawns and gardens on the common property;
(e) maintain, repair and where necessary, renew sewers,
pipes, wires, cables and ducts existing on the property
and used or capable of being used in connection with
the enjoyment of more than one unit or the common
property;
(f) on the written request of the owner or a registered
chargee of his unit, produce to the owner or chargee, as the
case may be, (or to a person authorized in writing by the owner
or chargee) all policies of insurance effected by the
corporation together with the receipts for the last premiums
paid in respect of the policies, and shall also if requested so to
do in accordance with the provisions of section 39 of the Act
provide copies to such owner, chargee or authorized person.
Election of the
Board.
6.(1) The board shall consist of not less than three and not
more than nine individuals.
(2) Notwithstanding paragraph (1), if there are not more
than two owners, the board may consist of all the owners.
(3) An individual shall not be a member of the board unless
that individual has attained the age of eighteen years.
(4) The constitution of the board where practicable shall
comply with the Constitution of Kenya gender requirements
and shall ensure balanced and wider representation of various
types of unit owners in the property.
(5) In determining the number of owners for the purposes of
this by-law and of by-law 5, co-owners of a unit or more than
one unit shall be deemed to be one owner and a person who
owns more than one unit shall also be deemed to be one owner.
Eligibility to
sit on the
Board.
7.(1) The board shall comprise of unit owners elected at a
general meeting provided that the board may coopt not more
than two persons who are not owners to represent other
interests.
(2) Notwithstanding paragraph (1)—
(a) if there are co-owners of a unit, only one of the co-
owners shall be eligible
(b) an owner who has not paid to the corporation the
contribution due and owing in respect of his unit is not
eligible for election to the board.
Voting.
- At an election of members of the board, each person
entitled to vote may vote for the same number of nominees as
there are vacancies to be filled on the board.
Term of
Office.
9.(1) Subject to paragraph (2), a member of the board shall
be elected at an annual general meeting for a term of one year..
(2) At the first meeting convened under section 27 of the
Act—
(a) not more than fifty per cent of the members of the
board shall be elected for a term of one year; and
(b) the balance of the members shall be elected for a term
of two years.
(3) Each member of the board shall remain in office until—
(a) the office becomes vacant under by-law 9;
(b) the member resigns;
(c) the member is removed under by-law 11; or
(d) his term of office expires,
whichever comes first.
Removal of a
member of the
Board.
- The corporation may by special resolution at a meeting
remove a member of the board before the expiration of his
term of office and appoint another individual in his place to
hold that office for the remainder of the term.
Vacating of
the office of a
member of the
Board.
- The office of a member of the board is vacated if the
member—
(a) becomes bankrupt under the Insolvency Act, 2015;
(b) is more than ninety days in arrears in payment of any
contribution required to be made by him as an owner;
(c) is the subject of a certificate of incapacity issued by a
certified medical doctor;
(d) is convicted of and is sentenced to imprisonment for an
offence of more than six months
(e) resigns his office by serving notice in writing on the
corporation; or
(f) is absent from more than three consecutive meetings of
the board without written notification to the board and
it is resolved at a subsequent meeting of the board that
his office be vacated.
(g) Dies.
Vacancy.
- When a vacancy occurs on the board under by-law 9 and
11 the board may appoint an individual to fill that office for
the remainder of the term.
Officers of the
Corporation.
13.(1) At the first meeting of the members of the board held
after the meeting of the corporation at which they were elected,
the board shall designate from its members a chairperson,
vice-chairperson, secretary and treasurer of the corporation.
(2) Notwithstanding paragraph (1) the board may designate
one person to fill the office of secretary and treasurer.
(4) In addition to any other duties assigned to the officers by
the board—
(a) the chairperson or, in the event of his absence or
disability the vice-chairman—
(i) is responsible for the daily execution of the business
of the corporation; and
(ii) shall preside the meetings of the board;
(b) the secretary or, in the event of his absence or
disability another member of the board designated by
the board—
(i) shall record and maintain all the minutes of the
board;
(ii) is responsible for all the correspondence of the
corporation;
(iii) shall carry out his duties under the direction of the
chairman and the board;
(iv) shall give on behalf of the corporation and of the
board all notices required to be given under the
Act; and
(v) shall call for nominations of candidates for
election as members of the board;
(c) the treasurer or, in the event of his absence or
disability another member of the board designated by
the board, shall—
(i) receive all money paid to the corporation and
deposit it as the board may direct;
(ii) properly account for the funds of the corporation
and keep such books as the board directs;
(iii)present to the board when directed to do so by the
board a full detailed account of receipts and
disbursements of the corporation;
(iv) prepare for submission at the annual general
meeting—
(A) a budget for the forthcoming fiscal year of the
corporation; and
(B) an audited statement for the most recently
completed fiscal year of the corporation; and
(v) notify owners of any contributions levied pursuant
to this Act.
(5) A person ceases to be an officer of the corporation if he
ceases to be a member of the board.
(6) If a person ceases to be an officer of the corporation, the
board shall designate from its members a person to fill that
office for the remainder of the term.
(7) If a board consists of not more than three persons, those
persons may perform the duties of the officers of the
corporation in such manner as the board may direct.
Majority vote
and quorum of
the Board.
14.(1) At meetings of the board, all matters shall be
determined by majority vote and in the event of a tie vote, the
chairperson is entitled to a casting vote in addition to his
original vote.
(2) A quorum for a meeting of the board shall be of more
than half of the members of the board.
Written
resolution.
- A written resolution of the board signed by the
chairperson and the secretary of the board has the same effect
as a resolution passed at a meeting of the board duly convened
and held.
Seal of the
corporation.
16.(1) The corporation shall have a corporate seal that shall
not be used except—
(a) under the authority of a resolution of the board;
(b) in the presence of not less than two members of the
board who shall sign the instrument to which the seal
is affixed
(2) Notwithstanding paragraph (1) above, if there are two
members of the corporation, one member may be authorized
by the board to use the seal and sign the instrument to which
the seal is affixed.
Signing
authority.
- The board shall prescribe, by resolution—
(a) those officers or other persons who are authorized to
sign cheques, drafts, instruments and other documents
not required to be signed under the seal; and
(b) the manner, if any, in which the cheques, drafts,
instruments and other documents are to be signed.
Powers of the
board.
- (1) The board shall—
(a) meet at the request of the chairperson to conduct its
business and adjourn and otherwise regulate its
meetings;
(b) meet when a member of the board gives to the other
members not less than seven days notice of a meeting
proposed by him specifying the reason for calling the
meeting; and,
(c) Where the Chairperson and the Vice-chairperson are
not present at the meeting, the board members present
will elect an interim chair for purposes of the meeting.
(2) The board may employ on behalf of the corporation any
agents and employees it thinks necessary to control, manage
and administer the movable and immovable property of the
corporation and the common property and in that respect may
authorize those persons to exercise the powers of and carry out
the duties of the corporation.
(3) The board may, subject to any restriction imposed on it
or direction given to it at a general meeting of the corporation
delegate to any of its members any or all of its powers and
duties as it thinks fit, and may at any time revoke that
delegation.
Duties of the
board.
- The board shall—
(a) cause proper books of account to be kept in respect of
all money received and expended by it and the matters
in respect of which the receipt and expenditure takes
place;
(b) prepare financial statements relating to all money of
the corporation and the income and expenditures of the
corporation for each annual general meeting;
(c) maintain financial records of all the assets and
liabilities of the corporation;
(d) submit to the annual general meeting an annual report
consisting of the financial statements and such other
information as the board may determine or as may be
directed by a resolution passed at a general meeting;
(e) on the application of an owner or chargee of a unit (or
of any person authorized in writing by him) make the
books of account available for inspection at a
reasonable fee at all reasonable times.
Procedure at
meetings
- All meetings of the board and general meetings shall be
conducted according to the rules of procedure adopted by the
board.
extraordinary
meeting.
21.(1) The board—
(a) shall, on the written request of the owners entitled to
vote and who represent not less than twenty five per
cent of the unit owners, convene a meeting; and
(b) may, whenever it considers it proper to do so, convene
a meeting.
(2) If the board does not within twenty-one days after the
date of the making of a requisition under paragraph (1)(a)
proceed to convene an extraordinary general meeting, the
requisition or any of them representing more than one-half of
the aggregate unit entitlement of all of them, may themselves,
in the same manner as nearly as possible as that in which
meetings are to be convened by the board, convene an
extraordinary general meeting, but any meeting so convened
shall not be held after the expiration of three months from the
date on which the requisition was made.
Notice of
meeting.
22.(1) When an annual general meeting or any other meeting
is to be convened, the board shall, not less than twenty one
days prior to the day on which the meeting is to be convened,
give each owner written notice of the meeting stating—
(a) the place, date and time at which the meeting is to be
convened; and
(b) the nature of any special business, if any, to be brought
forth at the meeting.
(2) On being notified by a chargee entitled to vote under
section 24 of the Act that the charge wishes to be notified on
meetings, the board shall give to that chargee the same notices
required to be given to the owner under paragraph (1).
(3) At annual general meeting or any other meeting or
anything done at that meeting is not invalid by reason only that
a person did not receive a notice given under paragraph (1) in
respect of that meeting.
Quorum at
meeting of the
corporation.
23.(1) Except as otherwise provided by these by-laws, no
business shall be transacted at an annual general meeting or
any other meeting unless a quorum of persons entitled to vote
are present or represented by proxy, at the time when the
meeting commences.
(2) A quorum for an annual general meeting or any other
meeting consists of not less than twenty-five per cent of all the
persons entitled to receive notice under by-law 22 being
present in person or represented by proxy at that meeting.
(3) If within thirty minutes from the time appointed for the
commencement of an annual general meeting or any other
meeting a quorum is not present, the meeting shall stand
adjourned to the corresponding day in the next week at the
same place and time and if at the adjourned meeting a quorum
is not present within thirty minutes from the time appointed
for the commencement of the meeting, the persons entitled to
vote who are present or represented by proxy constitute a
quorum for the purpose of that meeting.
(4) Notwithstanding 3 above if the corresponding day
following the adjournment is public holiday, the meeting shall
be held on the day before the public holiday.
Procedure at
meeting of the
corporation.
24.(1) The chairperson or, in the event of his absence or
disability, the vice-chairperson or other officer , shall preside
at the annual general meeting or at any other meeting.
(2) The order of business at an annual general meeting and,
as far as practicable at any other meeting, shall be as follows—
(a) call to order by the chairperson;
(b) call of the roll and certification of proxies;
(c) reading of notice of the meeting;
(d) Adoption of the agenda
(e) confirmation of previous minutes and matters arising
(f) reports from officers;
(g) reports from committees (if any);
(h) presentation of the audited accounts;
(i) Passing of resolutions
(j) new business
(k) election of members of the board;
(l) Any other business
(m)Closing of the meeting.
Voting. 25.(1) At an annual general meeting or at any other meeting a
resolution shall be voted on by a show of hands unless a poll
is demanded by a person entitled to vote and present in person
or by proxy, and unless a poll is so demanded, a declaration by
the chairman that a resolution has on the show of hands been
carried is conclusive proof of the fact without proof of the
number of proportion of votes recorded in favour of or against
resolution.
(2) If a person demands a poll, that person may withdraw that
demand and on the demand being withdrawn the vote shall be
taken by a show of hands.
(3) A poll, if demanded, shall be conducted in a manner
directed by the chairman, and the result of the poll shall be
deemed to be the resolution of the meeting at which the poll
was demanded.
(4) In the case of a tie in a vote taken at an annual general
meeting or at any other meeting, whether on a show of hands
or on a poll, the chairman of the meeting is entitled to a casting
vote in addition to his original vote.
Number of
votes.
26.(1) If a vote is taken by a show of hands, each person
entitled to vote has one vote.
(2) If a vote is taken by a poll, the number of votes that a
person may cast shall correspond to the unit factors for the
respective units represented by that person.
Votes at an
annual general
meeting or
other meeting.
- Except for matters requiring a special resolution or
unanimous resolution, all matters shall be determined by a
majority vote.
Manner of
voting.
- On a show of hands or on a poll, votes cast may be given
either personally or by proxy.
Appointment
of proxy.
- An instrument appointing a proxy shall be in writing in
form [ ] under the hand of the person making the appointment
or of his duly appointed attorney, and may be either general or
for a particular meeting, but a proxy need not be an owner.
Restriction on
voting.
30.(1) Except as provided for in paragraph (2) of this by-law
or section 24 of the Act, there are no restrictions or limitations
on an owner’s right to vote at an annual general meeting or at
any other meeting.
(2) If, at the time of an annual general meeting or of any
other meeting an owner has not paid to the corporation all
contributions that are due and owing in respect of his unit, that
owner shall be ineligible to cast a vote at that meeting in
respect of any resolution other than a special resolution or a
unanimous resolution.
(3) An owner’s ineligibility to cast a vote does not affect the
right of the chargee first entitled in priority in respect of a
charge registered against the title of that owner’s unit to vote
in accordance with the Act.
Vote by co-
owners.
31.(1)If a unit is owned by more than one person, those co-
owners may vote personally or by proxy and—
(a) in the case of a vote taken by a show of hands, those
co-owners are entitled to one vote between them; and
(b) in the case of a vote taken by a poll, a co-owner is
entitled to the portion of the vote applicable to the unit
as is proportionate to his interest in the unit.
(2) A co-owner may demand that a poll be taken.
Signed
resolution
majority vote.
- If a resolution of the members of the corporation requires
a majority vote, that resolution signed in person or by proxy
by all the persons who, at a properly convened annual general
meeting or other meeting, would be entitled to vote, has the
same effect as a resolution duly passed at the meeting.
Capital
replacement
reserve fund.
33.(1) The board shall establish and maintain a fund to be
called the “Capital Replacement Reserve Fund” to be used for
the repair or replacement of—
(a) immovable and movable property owned by the
corporation; and
(b) the common property,
when the repair or replacement does not occur annually.
(2) The board may by resolution determine the amount that
may be paid from the Capital Replacement Reserve Fund in
respect of any single item of expenditure.
Amendment
of by-laws.
- Notwithstanding by-law 20, if a by-law is to be amended,
replaced or repealed, the persons entitled to vote shall be given
written copies of the text of the proposed amendment, repeal
or replacement not less than fourteen days prior to the day on
which the special resolution is to be voted on.
Restrictions in
use.
35.(1) In this by-law—
(a) “occupant” means a person present in a unit or in
or on the immovable or movable property of the
corporation or the common property with the
permission of an owner;
(b) “owner”includes a tenant.
(2) An owner shall not—
(a) use or enjoy the immovable or movable property of the
corporation or the common property in such a manner
as to interfere unreasonably with its use and enjoyment
by other owners or the occupants;
(b) use his unit in a manner or for a purpose that will or
may cause a nuisance or hazard to any other owner or
occupant;
(c) use his unit for any purpose (illegal otherwise) which
may be injurious to the reputation of the property;
(d) make undue noise in his unit or on or about any
immovable property property of the corporation or the
common property;
(e) keep an animal in his unit or in the immovable property
of the corporation or the common property after a date
specified in a notice given to him by the board;
(f) use his unit for any other use other than that indicated
in the sectional plan;
(g) do anything in respect of his unit or the immovable or
movable property of the corporation or the common
property or bring or keep anything on it that will in any
way increase the risk of fire or result in an increase of
any insurance premiums payable by the corporation;
(h) use a toilet, sink, tub, drain, or other plumbing fixture
for a purpose other than that for which it is constructed;
(i) hang or place on the immovable property of the
corporation or the common property or within a unit
anything that is, in the opinion of the board
aesthetically unpleasing when viewed from outside the
units;
(j) leave articles belonging to his household on the
immovable property of the corporation or the common
property when those articles are not in actual use;
(k) obstruct a sidewalk, walkway, passage, driveway or
parking area other than for ingress and egress to and
from his unit;
(l) use any portion of the immovable property of the
corporation or the common property except in
accordance with the by-laws;
(m)use as fuel any substance or material which may give
rise to smoke or fumes or obnoxious smells; or
(n) throw or allow to fall, any refuse or rubbish of any
description on the common property or any part thereof
except in refuse bins maintained by him or in refuse
chutes provided in the building.
(3) An owner shall—
(a) ensure that any occupant of his unit complies with the
requirements of paragraph(2) as if he was the unit
owner;
(b) take all reasonable steps to ensure that his visitors do
not behave in a manner likely to interfere with the
peaceful enjoyment of the owner, occupier or other
resident of any other unit or of any person lawfully
using the common property; and
(c) take all reasonable steps to ensure that his visitors
comply with any by-laws of the corporation relating to
the parking of motor vehicles.
(4) An owner may, without obtaining the consent of the
corporation paint, wall paper or otherwise decorate the
structure which forms the inner surface of the boundary of his
unit or office locking devices, flyscreens, furnishings,
furniture, carpets and other similar things to that surface, if and
so long as such action does not unreasonably damage the
common property.
Internal
Disputes
Resolution
Committee
- (1) Pursuant to Section 20(6) of the Act, the corporation
shall constitute an Internal Disputes Resolution Committee
on a need basis to hear disputes whenever they arise.
(2) The Committee shall comprise not less than 3 members
and not more than 5 members of the Corporation.
(3) The Board shall appoint the Chairperson and the
Secretary to the Committee.
(4) The committee shall sit and dispense on the matter within
reasonable timelines as directed by the board.
(5) Where the dispute is brought against the Board or a
member of the Board, a board member who may have been
appointed to the committee shall excuse themselves.
(6) The Committee shall hear and determine the matter
within timelines specified and communicate its determination
to the disputing parties with a copy being given to the board
(7) The committee shall have powers to summon parties
involved in the dispute.
(8) The committee shall provide a written notice of not less
than 7 days when such summons are given.
(9) Where a party fails to appear after being summoned, the
committee shall proceed to determine the matter and give its
verdict.
(10) Where a party is aggrieved by the decision of the
committee they may seek other legal redress mechanisms.
(11) The committee in its deliberations shall ensure
impartiality in determining the matter brought before it and
give every member a fair hearing.
Acceptance 37. We the undersigned Executive members of the Board of
Owners Sectional Plan No[ ] Corporation do hereby accept and
receive these by-laws for and on behalf of the Corporation.
TITLE NAME I.D NO. SIGNATURE
CHAIRMAN:
……………………………………………………………………
……………
VICE CHARIMAN:
……………………………………………………………………………
….
SECRETARY:
……………………………………………………………………………
……..
TREASURER:
………………………………………………………………………………….
OFFICIAL CERTIFICATION
I CERTIFY that the foregoing by-laws of the Owners Sectional
Plan No[ ]Corporation have been approved and duly
registered.
Given under my hand at ………this ………… Day of
………………. 20…….
…………………………………..
Registrar
[ ]Land Registry
Made on the ……………………………………, 2021
FARIDA KARONEY,
Cabinet Secretary for Lands and Physical Planning.
SCHEDULE
FORMS
Forms
Form SP 1 [Regulation 2 ]
APPLICATION FOR REGISTRATION OF CORPORATION
To the Land Registrar
………………………………………………..Land Registry.
I/We, the owner(s) of Units built on land parcel no. ………………………………………………………………………
on this ……………………day of ……………20……………
hereby apply for registration of Corporation for Sectional Property within the said land parcel.
My/Our details are as follows:
Name ID/PP No Unit No. Address Signature
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
SECTIONAL PLAN REGISTER
Form SP2
[Regulation 2]
…………………….UNITS
SECTIONAL PLAN NO. …………………..
Edition PART A-PROPERTY SECTION
Opened Particulars of Sectional Property
Registration Section
Lessor………………………………………………………………………………………………………………..
Lessee……………………………………………………………………………………………………………….
User………………………………………………………………………………………………………………….
Rent………………………………….Term……………………..From………………………………………
Easements……………………………………………………………………………………………………….
………………………………………………………………………………………………………………………..
For Appurtenance See Registered Lease
Parcel Number
(Orig. Parcel no.
)
Approximate Area
in hectares
No. of Units……
Cadastral Map
Sheet No…………..
Cadastral Plan No.
…………………
Form SP 3 [Regulation 2]
CORPORATION REGISTER
S/No. Name
of
Corpora
tion
Postal and
E-mail
Addresses
Registra
tion
Number
Land
Registratio
n Unit
Count
y
Sub-
County
Title
Number
Unit
Numb
ers
Membe
rship
1.
2.
3.
Form SP 4 [Regulation 2]
CERTIFICATE OF REGISTRATION
This is to certify that the Owners, Sectional plan No……………. in the County of ……….. has been
duly registered as a corporation on this …………..day of………………20…… under my hand and the
seal of …………………………………….Land Registry.
…………………
Land Registrar
Form SP 5 [Regulation 2]
UNIT REGISTER (FREEHOLD)
Edition: PART A-PROPERTY SECTION
Opened:
User:…………………………………..
Nature of Title
Registration Section
Unit Number ……..and …………….. One Ten
Thousandth Shares in the Common
Property Therein
Freeehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit
Number…………………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered
Proprietor
Address or
Description of
Reg. Proprietor
Consideration and
Remarks
Signature of the
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP 6 [Regulation 2]
UNIT REGISTER (LEASEHOLD)
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One
Ten Thousandth Shares in the
Common Property Therein
Lessor………………………………..
Lessee……………………………….
Rent……………….. User……………….
Term…………………….Years…………..
From……………………………………….
Leasehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit Number……………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered
Proprietor
Address or
Description of
Reg. Proprietor
Consideration and
Remarks
Signature of the
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP7 [Regulation 3]
CERTIFICATE OF TITLE FOR SECTIONAL PROPERTY
Title Number………………………………………………………………………………………………………………………………………
Unit Number…………….and………………one ten thousandth shares in the common property herein.
Approximate Unit Floor Area………………………m2 User…………………………………………………………………….
Sectional Plan No. ……………………………………………………………………………………………………………………
THIS IS TO CERTIFY THAT ……………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
is (are) now registered as the absolute owner(s) of the freehold interest comprised in the above
mentioned title, subject to such of the overriding interests set out in section 28 of the Land Registration
Act as may for the time being subsist and affect the unit.
GIVEN under my hand and seal of the………………………………………………………………………………Land Registry
this …………………day of………………………20………………..
……………………………………………….
Land Registrar
At the date stated on the front hereof, the following appeared in the register relating to the unit:
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One Ten
Thousandth Shares in the Common
Property Therein Freehold
Approximate Unit Floor Area……………..m2
(Original Parcel/Unit
Number…………………)
Sectional Plan Number…………………..
PART B-PROPRIETORSHIP SECTION
Entry No. Date Name of
Registered Unit
Owners
Address and
Description of
Registered Unit
Owner
Consideration
and Remarks
Signature of
Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
Form SP8 [Regulation 3]
CERTIFICATE OF LEASE FOR SECTIONAL PROPERTY
Title Number ……………………………………………………………………………………………………………………………………………
Unit Number………………….and……………………………..one ten thousandth shares in the common property
herein
Approximate Unit Floor Area………………………m2
User………………………………………………………………………………………………..Rent…………………………………………..
Term…………………………………………………..Years from………………………………………………………………………………
Sectional Plan No ……………………………………………………………………………………………………………………………………
THIS IS TO CERTIFY THAT ……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………………………
is (are) now registered as the unit owner(s) of the leasehold interest comprised in the above mentioned
title, subject to such of the overriding interests set out in section 28 of the Land Registration Act as may
for the time being subsist and affect the unit.
GIVEN under my hand and seal of the………………………………………………………………………………Land Registry
this …………………day of………………………20………………..
…………………………………………………….
Land Registrar
At the date stated on the front hereof, the following appeared in the register relating to the unit:
Edition: PART A-PROPERTY SECTION
Opened: Easement, etc Nature of Title
Registration Section
Unit Number ……..and …………….. One
Ten Thousandth Shares in the Common
Property Therein
Lessor………………………………..
Lessee……………………………….
User………………………………Rent………..
Term…………………….Years
From……………………………………….
Leasehold
Approximate Unit Floor
Area……………..m2
(Original Parcel/Unit
Number………………)
Sectional Plan Number
PART B-PROPRIETORSHIP SECTION
Entry No. Date Nature of Encumbrance Further Particulars Signature of Registrar
PART C-ENCUMBRANCE SECTION
Entry No. Date Name of
Registered Unit
Owners
Address and
Description of
Registered Unit
Owner
Consideration
and Remarks
Signature of
Registrar
Form SP 9 [Regulation 11 ]
APPLICATION FOR ENDORSEMENT BY COUNTY GOVERNMENT
(To be submitted to appropriate County Government in Triplicate)
To;
County Executive Committee Member
(Responsible for Approval of Building Plans)
COUNTY GOVERNMENT OF …………………………………………………
I/We hereby apply for the endorsement of the Sectional Plan in respect of building developed on parcel
No: ……………………………………………………………… (Original Parcel
no:………………………………………………………………………………………..) to confirm its conformity with the building
plan.
Owner:…………………………………………………….
Address…………………………………………………..
Applicant …………………………………………………………………………………………
Address ……………………………………………………………………………
Signature ……………………………………………………………………………
Date:…………………………………
Form SP 10 [Regulation 13(1)]
SCHEDULE OF UNIT FACTORS
Unit Number User Approximate
Floor Area m2 Unit Factor
Form SP 11 [Section 13(2)
Total 10,000
DERIVATION OF UNIT FACTORS
There appears to be no prescribed formula for allocating unit factors or unit entitlement. Its
determination is based on unit floor area or on the selling/ value of the unit or on location/position of
the unit or on combination of these factors. Whatever method is used, it is important that the unit
factors are made equitable.
Generally the method based on Unit floor area is commonly used and it is recommended that until
such a time as other considerations will come to play, we base our unit factor determination on floor
areas of the units.
For units numbered 1,2,3 and 4 in a sectional property building of floor areas a,b,c and d square
metres respectively the corresponding unit factors shall be:
Unit 1:
a
∑ A
X 10,000
Unit 2:
b
∑ A
X 10,000 etc
Where ∑ A=a+b+c+d, ie, sum of the floor areas of all the units in the building(s).
Since a/∑ A or b/∑ A will be a fraction cumbersome to work with in ordinary life, the figure of 10,000
is used in the multiplication purely for the convenience of obtaining whole numbers for the units.
Also since in a given situation ∑ A is a constant the sum of all the derived units factors should, in the
rounding up/down of the figures be equal to 10,000.
In the sectional plan of sub-division or consolidation, the unit factor or factors for the unit or units in
the original sectional plan that are included in the sub-division or consolidation shall be apportioned
among the newly created units or unit-section 12(4) of the Act.
Important role of the unit factors necessitates accurate determination of the unit floor areas based on
precise measurements of unit boundaries.
Form SP 12 [Regulation 14(f)]
LEGEND
A legend is to explain, among other items, the boundaries of the units, unit measurements, building
locations and dimensions. An example of a typical legend is as follows:
All building location dimensions are perpendicular to the property lines unless otherwise shown
(radical tie distances if used should be specified (R))
All building location dimensions and exterior building dimensions are to the exterior of the
concrete foundation walls (or to the exterior surface walls or an inset may be drawn to show
clearly the point of measurement)
The boundary of any unit with common property is the undecorated interior surface of the unit
floor, wall or ceiling as the case may be (or is as stipulated in section 6(1) of the Sectional
Properties Act and illustrated thus………………………………………………………..)
All unit dimensions and floor areas are measured to the undecorated interior surface of the unit
at floor level.
Or
All major plumbing, electrical, mechanical and structural facilities passing through or existing
within unit boundaries that are required for the operation and support of the main building are
common property.
Balconies and patios designated B1, etc and P1, etc respectively are common property that may
be leased to the owner of the unit pursuant to section 22 and 23 of the Sectional Properties Act
( and /or exclusive possession areas are common property and delineated
thus………………………………………………………..and /or all carports are denoted C15 delineated
thus ………………………………………………………………………………………………… and/or are exclusive
possession common property and may be leased or otherwise granted by the corporation to a
unit owner pursuant to section 22 & 23 of the Act.
Form SP 13 [Regulation 17]
CONSENT OF UNIT OWNER(S) FOR SUB-DIVISION OR CONSOLIDATION OF A SECTIONAL PLAN
Reference is made to an application by …………………………………………………………. the registered owner(s) of
unit(s) number ………………… for Sub-Division / Consolidation of the unit(s).
I/We, …………………………………………………………. of Post Office Box Number ………….. – ……………, ………………….
being the registered owner(s) of the below listed unit(s) HEREBY CONSENT to Sub-Division / Consolidation
of the units. I/We further confirm and undertake that in the event of the Commission exercising its
statutory power of sale we shall issue a Share Certificate in favour of the Purchaser.
No. Name of Unit Owner ID/PP No. Unit No. Postal Address E-mail Address
Signature Date
- ………………………………………….. ………………………….. ……………… ………………… ………..
- ………………….. ……………… …………………………………….. ……………………………… ………………………..
- ……………………….. ……………………………… ……………………………… ………………………..
Form SP 14 [Regulation 19(1)]
APPLICATION FOR CONVERSION OF SUB-LEASES/LONG-TERM LEASES
To the Land Registrar
…………………………………………………..Land Registry.
I/We, the owner(s) of Units built on land parcel no. ……………………………………………………………………… on
this ……………………day of ……………20……………
hereby apply for registration and issuance of certificates of lease/title under the Sectional Properties
Act.
The following documents are enclosed.
Document/Instrument Number
(where applicable)
confirmed
1 Sectional Plan
2 Sub-leases/Long-term leases
3 Original Title of the land parcel
4
5
My/Our details are as follows
Name ID/PP No Unit No. Address Signature
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
………………………………… ………………………….. ……………… ……………………… …………………………..
Form SP 15 [Regulation 22(1)]
INTENTION TO RENT NOTICE TO CORPORATION
To;
(Name of Corporation)
I/We ………………………………… the owner(s) of Unit No. …….. intend(s) to rent out my unit and for purposes
of service of a notice under Regulation 23, please use:
NAME…………………………………..
TEL:……………………………………
E-mail:…………………………………..
P.O. Box………………………………..
I hereby give my undertaking that I shall be liable for any damages caused by the tenant.
(Signed)
Name of Owner(s)
Form SP 16 [Regulation 22(2)]
TENANCY NOTICE TO CORPORATION
To;
(Name of Corporation)
I/We ………………………………… the owner(s) of Unit No. …….. have entered into a tenancy agreement with
the person whose details are as hereunder:
NAME (of tenant)…………………………………..
TEL:……………………………………
E-mail:…………………………………..
P.O. Box………………………………..
(Signed)
Name of Owner(s)
Form SP 17 [Regulation 23(1)]
CORPORATION NOTICE TO UNIT OWNER: TENANT IN BREACH OF BY-LAWS
To;
Name……………………
Owner Unit No…………….
This is to notify you pursuant Section 45 of the Sectional Properties Act, 2020 that the tenant currently
in occupation of Unit No. ….. has caused the contravention/ has contravened the by-laws by:
- …………………………………………………………………..
- …………………………………………………………………..
Please take necessary action to ensure compliance within ………………. days from the date hereof.
If necessary action is not taken within the period specified, a vacation notice shall be issued to the
tenant pursuant to Section 46(2) of the Sectional Properties Act, 2020 without further reference to you.
(signed)
(name of person signing)
FOR: (Name of Corporation)
Form SP 18 [Regulation 23(2)]
VACATION NOTICE TO TENANTBY CORPORATION
To
(Name & address of tenant)
Unit No………………………….
This is to notify you that you are required to vacate Unit No. ……… pursuant to Section 46(2) of the
Sectional Properties Act, 2020 within ………….. days from the date hereof having caused the
contravention/contravened the by-laws by:
- …………………………………………………………………..
- …………………………………………………………………..
- ………………………………………………………………….
TAKE NOTE that the Corporation shall take all necessary action to ensure compliance of this notice upon
expiry of the specified period.
(signed)
(name of person signing)
FOR: (Name of Corporation)
Form SP 19 [Regulation 24(1)]
PUBLIC NOTICE ON THE TERMINATION OF SECTIONAL STATUS
Whereas Owners of Sectional Plan No………………of P.O Box in the Republic of Kenya, are registered as
proprietors in absolute or leasehold interest of all the Units numbered (in the format: Registration
Unit/Block no./parcel no./unit no.s)………………………………………………………….. situated in the County
of……………………..Whereas evidence has been adduced to show that a unanimous resolution of the owners
has been reached to terminate the sectional status, notice is given that after the expiration of ninety days
(90) from the date hereof I shall terminate the sectional status provided that no objection has been
received within that period.
Dated the……..day of………..20………
……………………………………
Land Registrar
Form SP 20 [Regulation 26]
NOTICE OF CHANGE OF ADDRESS
The Owners, Sectional Plan No…………………………………………………………………hereby give notice that by a
resolution of the Board dated ……………………………………………..it has designated
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
as the address at which documents may be served on the Corporation.
Dated this………………………………………………………….day of ………………………………….20……………………
The Seal of the Owners, Sectional Plan No……………………………………was affixed on …………………………………
in the presence of …………………………………………………………………………………………………………………………………
………………………………………………..
Members of the Board
Form SP 21 [Regulation 27]
NOTICE OF CHANGE OF BOARD
The Owners, Section Plan No…………………………………hereby gives notice that on the
……………………………day of ……………………………..20……………………the following persons were appointed
members of the Board of the Owners, Sectional Plan No………………………………………………………………..
Name ID No Address
…………………………………………………… ………………………… ……………………………………………………
…………………………………………………… ………………………… …………………………………………………….
Notice is also given that on the ………………………………….day of …………………………………..20………………… the
following persons ceased to hold office as members of the Board:
Name ID No Address
………………………………………………….. …………………… ……………………………………………………
…………………………………………………. …………………… …………………………………………………………
The members of the Board are as of this date:
Name ID No Address
………………………………………………….. …………………… …………………………………………………..
………………………………………………….. …………………… ……………………………………………….
Dated this ……………………………………….day of …………………………………………20………………..
The Owners, Sectional Plan No…………………………………………..was affixed on ……………………………………..in
the presence of……………………………………………………………………………………………………………………………………
…………………………………………………………
Members of the Board
Form SP 22 [Regulation 28]
NOTICE OF CHANGE OF BOARD MEMBERSHIP ON EXIT OF UNIT OWNER
The Owners, Section Plan No…………………………………hereby gives notice that on the
……………………………day of ……………………………..20……………………the following persons exited the
corporation .
Name ID No Unit No. Address
…………………………………………………… …………………… …………………… …………………………………
…………………………………………………… ………………… …………………… ………………………………….
…………………………………………………… …………………… …………………… …………………………………
…………………………………………………… ………………… …………………… ………………………………….
The following person(s) joined the Corporation in place of those who exited.
Name ID No Unit No. Address
………………………………………………….. ……………… …………………… ………………………………………..
………………………………………………….. ……………… …………………… ……………………………………….
………………………………………………….. ……………… …………………… …………………………………..
………………………………………………….. ……………… …………………… ……………………………….
Dated this ……………………………………….day of …………………………………………20………………..
The Seal of The Owners, Sectional Plan No…………………………………………..was affixed on
……………………………………..in the presence
of……………………………………………………………………………………………………………………………………
…………………………………………………………
Members of the Board
