341_the registration (strata titles) (amendment) act, 2009.pdf

7/27/2019 341_The Registration (Strata Titles) (Amendment) Act, 2009.pdf

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I

JAMAICA

No./ f - -2009

"Jassent,

[L.S.]

~ ) t . / . ~Governor-General

AN ACT to Amend the Registration (Strata Titles) Act.[ao tth ~ ~ ~ ! J t ! t f ]BE IT BNACTED by The Queen's Most Excellent Majesty, by and

with the advice and consent of the Senate and House ofRepresentatives of Jamaica, and by the authority of the same, asfollows:-

1. This Act may be cited as the Registration (Strata Titles) Short title(Amendment) Act, 2009, and shall be read and construed as one and .with the Registration (Strata TItles) Act (hereinafter referred to as the construction.principal Act) and all amendments thereto.


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2 [No. ] The Registration (Strata Titles) (Amendment) Act, 2009

Amendment 2. Section 2 of the principal Act is amended by inserting theof section 2 following definitions in the appropriate alphabetical sequence-of principalAct "agent" means a person appointed in accordance with paragraph1 g) of the First Schedule;

"Commission" means the Commission of Strata Corporationsestablished by section 3A;"developer" means a person who carries on, whether in whole

or in part, the business ofdevelopment of land;"functions" includes powers and duties;"Register" means the Register of Strata Corporations keptpursuant to section 4B;"Tribunal" means the Strata Appeals Tribunal established bysection 15A;".

Insertion of 3. The principal Act is amended by inserting next after sectionnew sections 3, the following as sections 3A, 3B, 3C, 3D, 3E and 3F -3A. 38, 3C,3D, 3E and " Establish- 3A.-(1) There is hereby established for the3F in princi- ment of purposes of this Act, a body to be known as thepal Act. Commissionof Strata Commission of Strata Corporations which shall beCorpora- a bQdy corporate for the purposes of section 28 oftions, the Interpretation Act.Third (2) The provisions of the Third ScheduleSchedule, shall have effect as to the constitution of theCommission.Functions of 3B.-(1) The functions of the Commission shall beCommission, t o -

(a) monitor, regulate and supervisecorporations incorporated by section 4;(b) keep or cause to be kept a register ofsuch corporations to be known as "The ,IRegister of Strata Corporations";(c) facilitate the resolution of disputes, in

particular, those between a corporationand a proprietor arising from any matterto which this Act relates;


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3he Registration (Strata Titles) (Amendment) Act, 2009 (No.

(d) consider complaints from proprietors thatthe amount of contribution levied undersection 5(2)(b), is unreasonable orinequitable;

(e) enforce the by-laws; and(t) perform such other functions as may be

conferred upon it by or under this Act, oras the Minister may by order prescribe.

(2) In exercise of it s functions, theCommission may-

(a) order, by notice in writing to an executivecommittee or a proprietor or both-

(i) the demolition ofany extensionto the external wall of anystrata lot or the removal fromthe relevant parcel of anystructures, vehicles or otherthings, where the extension orthe presence of the structure,vehicle or other thing iscontrary to the by-laws;

(ii) where it considers appropriate,that the interest payable by aproprietor in respect of the latepayment of contribution bevaried to the amount stated inthe notice;

(m) the removal of animals fromany strata lo t or commonproperty;(iv) that contributions be variedwhere they appear to theCommission to be excessiveorinadequate;


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4 [No. ] The Registration (Strata Titles) (Amendment) Act, 2009(v) that the manner ofmaking anypayment be varied where itappears to the Commission tobe unreasonable;

(b) order, by notice in writing to acorporation-(i) that a resolution passed by the

corporation sball be ofno effectwhere the voting rights of aproprietor have beencompromised;(n) tlle holding ofan annual generalmeeting for the election ofanexecutive committee, within theperiod stated therein and the

notification to the Commission,within fourteen days of theannual general meeting, of thenames of the members of thatexecutive committee; and(c) make such enquiries and collect suchinformation as it may consider necessaryor desirable for the purposeofmonitoring,

regulating and supervising the fimctions ofcorporations.(d) do anything and enter into any transactionwhich in the opinionof the Commission isnecessary for or incidental to ensure theproper performance of its functions.

(3) Where a proprietor fails to comply withan order under subsection (2)(a)(i), the corporationmay-(a) demolish the unauthorized extension;

(b) restore the strata lot or common property,as the case may be, to its original state;and


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The Registration (Strata Titles) (Amendment) Act, 2009 [No. ] 5

Power ofMinister togivedirections.

(c) recover the expenses incurred by thecorporation in such demolition orrestoration,and any such expenses which remain unpaid shall, inaddition to any other remedy, be a first charge onthe strata lot concerned.

(4) Where the corporation fails to complywith an order under subsection (2) (b) (ii), theCommission shall convene the amrual generalmeetingfor the purpose of the election of the executivecommittee and any decisions thereof shall be bindingon the corporation and be effective as ifmade at ameeting called by the corporation.

(5) The corporation, a proprietor or anyother person aggrieved by a decision of theCommission may appeal against the decision, so,however, that, the decision ofthe Commission shall.subject to subsection (7), be binding on thecorporation, proprietor or any other personaggrieved, as the case may be, until the appeal isdetermined.

(6) An appeal pursuant to this section shallbe made no later than thirty days from the date ofthe decision of the Commission.

(7 ) Subject to subsection (8), theimplementation ofa decision that is the subject ofanappeal shall be suspended until the time for appealhas expired or the appeal has been disposed of.(8) Notwithstanding subsection (7), a decision

of the Commission shall be implemented forthwithwhere continuation ofthe action or thing complainedof, to which the decision relates, is likely to result ina nuisance or health hazard.3C. The Minister may, after consultation with theChairman of the Commission, give 10 theCommission directions ofa general character as to


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6 [No, ] The Registration (Strata Titles) (Amendment) Act, 2009

Funds andresources ofthe Commis-sion.

Accounts andaudits.

the policy to be followed by the Commission in theexercise and performance of its functions and theCommission shall give effect to such directions.3D. The funds and resources of the Commissionshall consisto f -

(a) such sums as may be provided byParliament for the Commission in theEstimates ofRevenue and Expenditure ofJamaica;(b) revenue from charges imposed by theCommission for the use ofany facility orservices provided by it;(c) such sums as may be allocated from timeto time to the Commission from loan

fi.mds;(d) sums borrowed by the Commission for

the purpose of meeting any of itsobligations or discharging any of itsfunctions;

(e) all other sums or property which becomepayable to or vested in the Commissionin respect of any matter incidental to itsfunctions.

3E.-(1) The Commission shall keep properaccounts and other records in relation to the businessof the Commission and shall prepare annually astatement ofaccounts in accordance with generallyaccepted accounting principles.

(2) The accounts of the Commission shall beaudited by an auditor or auditors appointed annuallyby the Commission.(3) Within six months after the end of eachfinancial year or within such further time as may in

special circumstances be allowed by the Minister,the Commission shall send, in respect ofthat financial


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7he Registration (Strata Titles) (Amendment) Act, 2009 [No.

year, a statement of its accounts referred to insubsection (1) to the Minister, together with a copyofany report made by the auditors on that statementor on the accounts of the Commission.

(4) The auditor's fees and any expenses ofthe audit shall be paid by the Commission.(5) The Auditor-General shall be entitled on

the direction of the Minister, at all reasonable timesto examine the accounts and other records in relationto the business of the Commission.Annual 3F.--(1) The Commission shall, within six monthsreport. after the end of each financial year or within suchfurther time as may be allowed by the Minister,cause to be made and transmitted to the Minister areport dealing generally with the affairs of the

Commission during that financial year.(2) The Minister shall cause a copy of thereport together with the annual statement of accountsand the auditor's report thereon to be tabled in theHouse ofRepresentatives and the Senate.".

4. Section 4 of the principal Act is amended by inserting nextafter subsection (3) the following as subsections (4), (5), (6), (7) and(8 ) -

" (4) The corporation shall within ninety days after becominga body corporate make an application to the Commission forregistration under this Act and pay the prescribed fee.(5) A corporation shall in each year pay to the Commissiona prescribed annual fee and in default ofsuch payment, such feeshall be recoverable by the corporation as a civil debt by action

in a court ofcompetent jurisdiction.(6) Where the corporation fails to comply with subsection

(4), it commits an offence, and shall be liable on summaryconviction in a Resident Magistrate's Court to a fine not exceedingtwo hundred and fifty thousand dollars.

Amendmentof section 4of principalAct.


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8 [No. ] The Registration (Strata litles) (Amendment) Act, 2009

(7) The corporation shall file with the Commission withinone hlUldred and twenty days after the end of the current year

(a) audited financial statements or subject to the approvalof the Commission, a copy of the accolUlts, preparedin accordance with generally accepted accountingprinciples, signed by the chairman and at least oneother member ofthe executive committee relating to -

(i) in the case ofa new corporation, the periodcommencing on the date ofits incorporationand ending at the close ofthe first financialyear; or(Ii) in any other case, the whole ofthat financialyear; and

(b) a report of its activities during the financial yearincluding-(i) meetings held by the corporation;(ii) -the appointment ofthe executive committee;(Iii) the passing of resolutions adopting abudget; anq.

(c) a copy of the certificate of insurance for the currentyear,

and the filing shall be accompanied by the prescribed fee.(8) The prescription ofany fee lUlder this section shall besubject to affirmative resolution ofthe House ofRepresentatives.".

5. The principal Act is amended by inserting next after sectionInsertion of 4, the following as sections 4A, 4B and 4C -new sections4A. 48 and 4A.-(1) Fees collected by the Commission shall4C in "Application be used to assist in meeting its administrativeprincipal Act. of fees. expenses.Commission.

(2) Where(a) the average income of the proprietors thatconstitute the corporation is less than such


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Register ofStrataCorporations.

Audit ofcorporationby Commis-sion.

amount as the Minister may, by order,prescribe; and(b) the Commission is satisfied that it isreasonable to waive or reduce the feepayable by the corporation, having regardto the financial circumstances of thecorporation,

the Commission may waive or reduce the requiredregistration fee.(3) For the purposes of subsection (2)(a)average income shall be determined by using suchmeasures as the Commission considers reasonablypracticable in the circumstances of the particularcase.

4B.-{1) The Commission shall keep the Registerof Strata Corporations in such form as theCommission may determine, which shall contain thenames and other particulars ofall corporations andthe members ofthe respective executive committees,in relation thereto, and any other particulars relevantto the corporations or the strata lots administeredthereby.

(2) The Register shall be kept at the officeof the Commission and shall be available forinspection at all reasonable times on payment of theprescribed fee.4C.-{1) The Commission shall

(a) carry out an audit of the accounts andother records; and(b) conduct an investigation into the activities,

ofa corporation, in any case where it considers thatthe circumstances so require.(2) The expenses incurred by the Commission

under subsection (1), shall be recoverable from the


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10 [No. ) The Registration (Strata Titles) (Amendment) Act, 2009

corporation as a debt by action in a Court ofcompetent jurisdiction.".Amendment 6. Section 5 of the principal Act is a m e n d e d ~of section 5of principal (a) in subsection (1) b y ~Act. (i) deleting the full stop at the end of paragraph (h)and substituting therefor a semicolon;

(n) Inserting next after paragraph (h) the followingas paragraph ( i ) -"(i) in any case where the corporationdefaults in payment of any premium on

any policy of insurance whichconsequently lapses or is cancelled-(i) to inform any proprietors orany agents of the proprietors

of such lapse or cancellat,ionby notice in writing withinfourteen days thereof; and(n) iD display a copy of the

notice in a conspicuousmanner within the commonproperty.";

(b) in subsection (2) by -(i) deleting the full stop from paragraph (d) andsubstituting therefor a semicolon;(ii) inserting next after paragraph (d) the following

as paragraph ( e ) -" (e) to exercise a power of sale in respectof a strata lot in accordance with theprovisions of this Act";

(c) in subsection (4), by inserting immediately after the words"on the application of' the words "a mortgagee or";


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(d) by inserting next after subsection (5) the following assubsection (6 ) -" (6) An implied covenant shall exist between thecorporation and each proprietor binding the latter, hisheirs, executors, administrators and transferees, topay contributions or other monies due and owing tothe corporation in respect of the relevant strata lotprior to the transfer of the strata lot.".

7. The principal Act is amended by inserting next after section5, the following as sections 5A, 5B, 5C, 5D, 5E, 5F, 5 ~ 5H and5 I -H Failure to 5A.-(1) Where for a period exceeding thirty days,pay contri- a proprietor fails, neglects or refuses to pay to thebution. corporation, all or any part of the contribution leviedpursuant to section 5(2)(b), the corporation shallact in the manner specified in subsection (2).

(2) For the purposes of subsection (1), thecorporation shall notify in writing the proprietorconcerned and his agent, if any, and the mortgageeof the strata lot, if any -

(a) of the outstanding amount of thecontribution owing by the proprietor andthe period for which the contribution isowed, outlined in a related statement ofaccounts;

(b) of the amount of interest accruing on thecontribution and the period for whichinterest is payable, outlined in a relatedstatement ofaccounts;(C) that the proprietor is required, within thirty

days from the date of the service of thenotice, to pay the outstanding contributionand the amount of interest, if any, rux;ruingthereon;(d) that if the outstanding contribution andinterest accrued thereon are not paid

Insertion ofnew sections5A, 58, 5C,5D, 5E, 5F,SCi, 5H and 51in theprincipal Act.

-_ ._ - - -


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within the period specified underparagraph (c) or make suitablearrangements to pay that amount, thecorporation may sell the strata lot bypublic auction or by private treaty inaccordance with section 5e(4);

(e) that the proprietor, if aggrieved by theamount ofcontribution stated in the notice,may lodge an appeal if he has paid atleast fifty percent of the amount owing orsuch other amount as may be agreed withthe corporation.

(3) Where the mortgagee sells the property,the amount ofcontributions owing shall be deductedfrom the proceeds of sale, and the mortgagee shallbe responsible for remitting that amount, to thecorporation.

(4) Where a proprietor appeals against theamount of contribution, the corporation shall notexercise its power under subsection (2)(d) until theappeal is determined.

(5) Where in any appeal under this sectionthe Tribunal is satisfied that contributions owing to acorporation are due and have been owing for atleast sixty days prior to the appeal being lodged, theTribunal may make an order for such payment.

(6) Where on appeal the Tribunal determinesthat the amount paid by the proprietor pursuant tosubsection (2)(c) ought not to have been paid, theTribunal may order-

(a) that the corporation refund the amount tothe proprietor; or

(b) if there is any other amount outstandingwith respect to that proprietor. that the


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corporation use the amount to offset theamount outstanding.

Unpaid 5B.-(I) The contributions imposed pursuant tocontributions section 5(2)(b), shall be a charge on each strata lotshall becharge on contained in a strata plan and shall run with thestrata lot. strata lot.(2) The contributions referred to under

subsection (I), shall rank in priority to existingmortgages or charges on the strata lot.

Procedure to 5C.-(I) Prior to the exercise of the power of salebe satisfiedprior to by the corporation, the corporation shall satisfY theexercise of Commission that the corporation has taken allpower of sale. reasonable measures to recover the amounts owing by

giving notice to the proprietor and his agents, if any,and the mortgagee of the strata lot, i fany, in accordancewith the notice referred to in section 5A(2).

(2) Where the Commission is satisfied thatthe corporation has exhausted all means ofnotifYingthe proprietor in accordance with section 5A, itmay direct the corporation to take any additionalaction it deems fit in the circumstances, including thepublication of a notice of the proposed sale of thestrata lot.

(3) A notice referred to in subsection (2)shall

(a) be published within thirty days after theCommission has given the direction inrelation thereto, in a daily newspaper,printed and circulating in Jamaica; and

(b) shall contain(i) a brief description of the land

including the area of the unit;


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Priorvaluation andadvertisement ofstrata lot tobe sold.

(ii) th e number of rooms;(iii) the strata lot and strata plannumbers;(iv) the relevant Volume and Folionumbers of the Register Book

of TItles;(v) the civic address and name of

the complex, if any; and(vi) the land use.

(4) Where the Commission is satisfied thatthe corporation has taken all reasonable steps inaccordance with section SA(2) for the purpose 0 [ . -(a) obtaining payment of amounts owing tothe corporation; and(b) notifYing the proprietor of the proposedsale,

it shall issue a certificate in the prescribed form tothat effect.

(5) The corporation may only exercise apower of sale where it has received from theCommission a certificate under subsection (4).SD.-( l ) Where a strata lot is to be sold by thecorporation in exercise of a power of sale, thecorporation shall ensure as far as is reasonablypracticable that the strata lot is sold at the best pricereasonably obtainable.

(2) The strata lot to which this section relatesshall be valued by the corporation in accordancewith subsection (3) and within twenty-one days ofthe valuation, the corporation shall give notice of thevaluation determined to the proprietor in accordancewith section 5F(1) prior to the exercise of its powerofsale, and to the mortgagee of the strata lot, if any,


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Applicationof proceedsof sale.

at the address for the mortgagee appearing in theRegister Book ofTitles.

(3) The corporation shall ensure that two separatevaluations ofthe strata lot are obtained, each to bedetermined by a duly qualified person appointed bythe corporation with the approval ofthe registeredmortgagee, ifany.

(4) Upon receipt by the corporation of acertificate under section 5e(4), and in any event notless than thirty days prior to the sale ofthe strata lot,the corporation shall advertise the proposed sale atleast once in a daily newspaper circulating in Jamaica.

(5) The corporation shall treat the proceeds ofsale ofthe strata lot sold pursuant to this section, as ifit were monies received by a mortgagee arising froma sale.

(6) Where having been valued under this section,and the strata lot is sold, the corporation shall withintwenty-one days ofthe sale, give notification thereofto the proprietor in accordance with section 5F(1)and to the mortgagee of the strata lot if any, at theaddress ofthe mortgagee appearing in the RegisterBookofTitles.5E.-{1) Where a corporation has exercised itspower ofsale under section 5(2), any money receivedin respect of the sale shall be apportioned in thefollowing order

(a) firstly to pay any costs associated withand incidental to the sale of the strata lot;then

(b) to pa y all amounts owing to th ecorporation; and then(c) in the absence ofa mortgage on the strata

lot, to pay the balance to the proprietor.


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(2) The corporation shall forthwith upon theexercise of the power of sale, furnish a statement ofaccounts of the sale, to the proprietor and mortgagee,if any.

(3) Where there is a mortgage on the stratalot, the mortgagee shall be paid the amount owedupon the mortgage, and the balance, if any, shall begiven to the proprietor.(4) In the event that a proprietor cannot belocated subsequent to the exercise of a power ofsale, the money received in respect of the propertyshall be deposited in an interest bearing account ina bank or other financial institution licensed to acceptdeposits, in the name of the Corporation, in trust forthe proprietor.(5) For the purposes of executing its powersof sale under section 5(2), the corporation shall beentitled to execute all relevant instruments anddocuments necessary, pursuant to the RegistrationofTitles Act, to transfer ownership ofthe strata lot.

(6) Subject to subsection (8), the corporationshall not be liable to the proprietor for any lossoccasioned by the sale ofthe strata lot in accordancewith section 5(2) and a purchaser is not bound tosee or enquire as to-

(a) whether there has been a default inpaymentofcontribution;

(b) whether notice has been served orotherwise; or(c) the propriety or regularity ofsuch sale.

(7) The Registrarof Titles upon the productionofa transfer made in professed exerciseofthe power


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Service ofdocuments.

Applicationfor order forpossession.

ofsale, shall not be concerned or required to makeany enquiry in relation to the exercise ofthe power ofsale.

(8) Any person wrongedby an unauthorizedor improper or irregular exercise of the powerexercised in accordance with subsection 5(2) shallhave his remedy in damages only, against thecorporation exercising the power.SF. A notice issued by the corporation shall be inwriting and served b y

(a) giving such notice to the proprietor and hisagent; or

(b) leaving it on some conspicuous partofthestrata lot; or

(c) sending it to the proprietor ofthe strata lotand his agent ifany, through the post officeby registered letter directed to them at theaddress provided by the proprietor or theaddress appearing in the Register Book ofTitles for such proprietor;

50- (1 ) Notwithstanding the other provisions ofthis Act, the corporation may submit an applicationto the court for an order for possession of the stratalot where--:

(a) for a period exceeding sixty days,contributions have not been paid inrespect of that strata lot;

(b) all efforts to locate the proprietor of thestrata lot have been unsuccessful; and(c) the corporation intends to rent the strata

lot to recover the amount outstanding as


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contributions to the corporation until theproprietor or his agent-(1) is found; and(ii) has paid al l the amount

outstanding and has resumedhis obligations with respect tothe contributions.(2) The corporation shall apply to the court

to obtain vacant possession of the strata lot wherethe corporation intends to exercise its power ofsale.

(3) Where possession of a strata lot that isrented is granted to the corporation, the court maydirect that contributions be deducted from the rentand paid over to the corporation by the tenant.

Proceeds of 5H. Proceeds of rental which remain after therental to bekept in deduction ofcontributions levied pursuant to sectioninterest 5(2) and other related expenses in respect of abearingaccount. strata lot that is, by an order of the court, in thepossession of the corporation, shall be kept in aninterest bearing account, in the name of thecorporation, in trust for the proprietor in a bank orother financial institution licenced to accept deposits.

Determina- 51. The court may, in relation to an applicationlion regarding. administra- SUbmItted by the corporatIOn under section 50, maketion of strata a determination as to the best interest of the partieslot. concerned with regard to the administration of the

strata lot concerned.".Amendment 8. Section 9 of the principal Act is amended b y -of sect;ion 9of principalAct. (a) deleting from subsection 2(a) the words "unanimousresolution" and substituting therefor the words "a resolution

passed by at least seventy-five percent of the proprietors;


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19he Registration (Strata Titles) (Amendment) Act, 2009 (No.

(b) renumbering subsection (7)as subsection (8) and insertingthe following as subsection(7) -" (7) Each proprietor shall give to a person in

lawful possession of the proprietor's strata lot, a copyof the by-laws in force for the time being and anynotifications lodged with the Registrar ofTitles pursuantto subsection (5) .";

(c) inserting next after subsection (8) as renumbered, thefollowing-

" (9) A mortgagee or chargee (as the case maybe) in possession of a strata lot shall be bound, to thesame extent as the proprietor, by the by-laws referredto in this section.

(10) Each corporation shall, upon the requestof the Commission, lodge with the Commission-

(a) a copy of the by-laws in force for the timebeing and any notifications lodged with theRegistrar ofTitles pursuant to subsection(5); and

(b) an address for service for each proprietorof a strata lot.".

9. The principal Act is amended by inserting next after section9, the following as section 9A -

"N.o a c t i ~ n 9A. No action, suit, prosecution or otherhes agamst roceedings hall be b ugh . . ted - ~ 1 1a proprietor P s ro t or mstitu persOU41 yfor bona against any proprietor who is a member of thefide acts. executive committee in respect of any act done bona

fide in pursuance or executionor intended executionof this Act.".

10. Section 13 of the principalAct is amended in subsection (1),by deleting the words "The corporation" and substituting therefor thewords "The Commission, the corporation".

Insertion ofnew section9A inprincipal Act.



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Amendment 11. Section 15 of the principal Act is amended by renumberingof section IS subsection (3) as subsection (4) and inserting the following asof principalAct. subsection (3 ) -" (3) Where the corporation is satisfied that a proprietoris able to vote but fails, after being served with due notice, to--

(a) attend meetings; or(b) appoint a proxy,

the corporation may apply to the Commission for an orderappointing a proxy to vote on resolutions requiring a unanimousvote.".Insertion of 12. The principal Act is amended by inserting next after sectionnew section IS, the following as section 15A-ISA inprincipal Act. .. Establish- 15A.-( I) There is hereby established for the

~ ~ : : a O f purposes of hearing appeals, a body to be knownAppeals as the Strata Appeals Tribunal, and the provisionsTribunal. of the Fourth Schedule shall have effect with regardFourthSchedule. to the constitution and operation of the Tribunal andotherwise in relation thereto.

(2) Any person aggrieved by a decision of-(a) the corporation, in the case of theaggrieved person being a proprietor ofa

strata lot; or(b) the Commission,

may appeal to the Tribunal in the prescribed manner,upon payment of any prescribed fee.(3) Before detennining an appeal, theTribunal shall give the parties the opportunity to beheard by the Tribunal.(4) The Tribunal may, on an appea1 undersubsection (2) -

(a) allow the appeal and set aside or varythe decision of the corporation or theCommission, as the case may be; or


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21he Registration (Strata Titles) (Amendment) Act, 2009 [No . ]

(b) dismiss the appeal and confinn thedecision of the corporation or theCommission, as the case may be.(5) The amount in respect of which theTribunal may order payment under subsection (6) ofsection SA, shall not exceed the amount in respect

of which a Resident Magistrate's Court hasjurisdiction in actions arising from contract.(6) Where an order of the Tribunal is made

pursuant to subsection (6) of section SA, the Tribunalshall forthwith cause the order to be lodged with theClerk of the Courts for the parish in which the landcomprising the strata lot to which $e order relatesis situated.

(7) An order which is lodged with the Clerkof the Courts in accordance with this section shallbe treated as if itwere an order made by the ResidentMagistrate's Court for the payment of money, andthe provisions of sections 213 to 247 of theJudicature (Resident Magistrates) Act in respect ofexecution, shall apply in relation thereto as they applyin relation to an order made by the Court.(8) Costs of the ~ proceedings includingcourt costs and any attorney's costs may berecovered from the unsuccessful party.

(9) All matters to be detennined by theTribunal shall be submitted to the Tribunal throughthe Commission.

(10) The Tribunal may also adjudicate uponmatters affecting the administration and managementof strata properties referred to it by -

(a) the corporation;


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,"




(b) the proprietor of a strata lot who has firstnotified the corporation ofhis intention torefer the matter; or

(c) the Commission,and may make an order in settlement of each matter.

(11) A decision made by the Tribunal on anappeal made pursuant to this section shall be bindingon the parties to the appeal.

(12) A person who fails to comply with adecision or an order made by the Tribunal, shall beguilty ofan offence and liable on sunnruuy convictionbefore a Resident Magistrate to a fine not exceedingone million dollars and in default of payment toimprisonment for a term not exceeding one year.".

13. Section 16 of the principal Act is amended b y -(a) re-lettering paragraph (h) as paragraph (k);(b) inserting next after paragraph (g) the following as paragraphs

(h), (i) and 0 ) -(h) prescribing the manner in which corporationsare to be registered with the Commission;(i) prescribing the matters in respect of which

developers are to inform prospective purchasersof strata lots;

G) prescribe the minimum period of notice to begiven under section 3B(2)(a)(i) and (iii).".

14. Section 18 of the principal Act is amended b y -(a) renumbering the section as subsection (1) of the section;(b) deleting from subsection (1) as renumbered the words

"four hundred dollars" and substituting therefor the words"five hundred thousand dollars";


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(c) inserting next after subsection (1) as renumbered thefollowing as subsections (2) and (3}-

" (2) Where the Court is satisfied on receipt ofan application of the corporation that a proprietorhas contravened any of the provisions of the by-lawsset out in paragraph 1 of the First Schedule or anyof the by-laws set out in the Second Schedule thenthe Court may -

(a) order the proprietor to pay to thecorporation a pecuniary penalty notexceeding one million dollars; or(b) grant an injunction preventing theproprietor from engaging in conduct incontravention of the by-laws; or(c) grant such order and injunction.

(3) In exercising the powers referred to insubsection (2), the Court shall consider(a) the nature of the default of the proprietor;(b) the nature ofany loss or damage sufferedby any person as a result of the default;(c) the circumstances of the default;(d) any previous determination in relation toa breach of the by-laws, against the

proprietor to whom the applicationrelates.".15. The principal Act is amended by inserting therein next aftersection 18 the following as section 18A

"Minister 18A.-(1) The Minister may, by order subject tomay a ~ e n d affirmative resolution of the House ofRepresentativespenalties, d I fi ' d b h'Schedule, amen or vary any pena ty or ne Impose y t ISetc. by order. Act.

(2) The Minister may by order, subject toaffirmative resolution ofthe House ofRepresentatives,amend any of the Schedules to this Act.".

FirstSchedule.SecondSchedule.

Insertion ofnew sectionISA inprincipal Act.


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24

Insertion ofnew section20 in thePrincipal Act.

Amendmentof FirstSchedule ofprincipal Act.Insertion ofnew Thirdand FourthSchedules inprincipal Act.Transitional.

[No. ] The Registration (Strata Titles) (Amendment) Act. 2009

16. The principal Act is amended by inserting therein next aftersection 19 the following as section 20-"Review of 20. There shall be a review ofthis Act by a CommitteeAct by of both Houses of Parliament, appointed for thatParliamen-tary purpose, not later than three years after the date ofCommittee. commencement of the Registration (Strata Titles)

(Amendment) Act, 2009.".17. The First Schedule to the principal Act is amended in themanner specified in Part Iof the Schedule to this Act.18. The principal Act is amended by inserting next after theSecond Schedule the provisions specified in Part II of the Schedule

to this Act, as the Third and Fourth Schedules to the principal Act.19. Every corporation that was in existence prior to the date ofcommencement of this Act shall, within ninety days after that date,

apply to be registered under section 4 of the principal Act as amendedby this Act, and the provisions of that section shall apply with suchmodification as may be necessary.


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25he Registration (Strata Titles) (Amendment) Act, 2009 [No.SCHEDULE (Sections IS and 16)

Further Amendments to Principal ActPART I

Amendments to First Schedule to principal ActI. In paragraph 1-

(a) in sub-paragraph (b), insert next after the word "outgoings" a comma and the word "levies"; (b) delete the full stop appearing at the end of sub-paragraph (f) and

substitute therefor a semicolon; (c) insert next after sub-paragraph (f) the following as sub-paragraphs (g), (h) and (i)-

"(g) where he is unable to carry out his obligations underthis Act by reason ofabsence from Jamaica, or inabilityto act (whether due to illness or ptherwise) appoint anagent to ac t on his behalf and shall notify thecorporation and the mortgagee, if any, in writing thereofstating the period for which the agent is appointed toact;

(h) inform the executive committee of any change of hisaddress;(i) furnish any lessee, tenant or occupier of his strata lotwith a copy of the by-laws for the time being governingthe strata property.".

2. In paragraph 2-(a) delete the full stop at the end of sub-paragraph (e) and substitute therefor a semicolon; (b) insert next after sub-paragraph (e) the following as sub-paragraph( t ) -

"Cf) from time to time fIx the rate of interest which shall becharged on arrears of contributions.".3. In paragraph 8 delete the words "Seven days" and substitute thereforthe words "SUbject to paragraph 8A,".4. Insert next after paragraph 8 the following as paragraph 8A -

"8A. In respect of all general meetings--(a) notice of the meeting shall be in writing and shall be given toeach proprietor or his agent, as the case may be, at least

fourteen days before the date of the meeting;


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26 [No. ] The Registration (Strata ntles) (Amendment) Act. 2009

(b) service of the notice of the meeting shall-(i) either be by personal service or by registered postaddressed to the proprietor and his agent, or maybe sent by electronic mail or facsimile, to thecorrect electronic mail address or facsimile nwnber

of the proprietor as may be notified by thatproprietor from time to time in accordance withthe by-laws; and

(ii) shall be deemed to be effected at the time at whicha letter would be delivered in the ordinary courseof post; and

(c) the corporation shall, not less than fourteen days before thedate ofthe meeting atrlX to a conspicuous place in the commonproperty a COpy of the notice of the meeting and such noticeshall remain affixed until the meeting has been held.".5. Insert next after paragraph 22 the following as paragraph 22A-

"Audited 22A. The executive committee shall cause to be transmittedstatementsof accounts. to the Commission a copy of the audited statement ofaccounts or subject to the approval of the Commission, acopy of the accounts prepared in accordance with generallyaccepted principles of accounting and signed by thechairman and at least one other member of the executivecommittee."

6. Insert nt:xt after paragraph 33 the following as paragraph 33A-"Limitation 33A. Where-

on votingrights. (a) a proprie tor owns less than one hundredpercent, but more than one-third of the totalunit entitlement in a strata plan; and(b) a vote by poll or resolution is called,

the value of that proprietor's vote shall be reduced to fortypercent of his unit entitlement rounded down to the nearestwhole number.".


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27he Registration (Strata Titles) (Amendment) Act, 2009 [No.PART II

THIRD SCHEDULE (Section 3A)Part I

Constitution of Commission of Strata CorporationsAppointment1.-(1) The Commission shall consist ofnot less than seven of members.nor more than eleven members appointed by the Minister.

(2) The members of the Commission shaIl be selected bythe Minister from among persons appearing to him to-

(a) have ability and experience in any or all of the following areas, namely; matters relating to the real estate industry (including the management of strata properties, land economy and valuation surveying), building societies, general insurance, accounting and law; (b) otherwise be suitably qualified to be so appointed.

2.- ( I) The Minister shall appoint one of the members of Chairman.the Commission to be its chairman and, unless the Minister otherwise determines, the Chairman of the Real Estate Board shall bethe Chairman of the Commission.

(2) In the case of the absence of the Chairman from orhis inability to act at any meeting, members of the Commissionpresent at such meeting shall elect one of their number to actas Chairman at that meeting.

3. No person shall be qualified for appointment as a Disqualifieamember of the Commission who-- lion forappointment(a) is a member of the Senate or the House of to Commis-Representatives; or sion.(b) has been convicted of an offence involving fraud,

dishonesty or moral turpitude. 4. The Minister may appoint any person to act temporarily Temporaryin the place of any member of the Commission in the case of the appoint

ments.absence or inability to act of such member and the provisionsof paragraph I shall apply mutatis mutandi to such temporaryappointment.5. The appointment of every member ofthe Commission shall Tenure ofbe evidenced by instrument in writing, which shall specifY the office.


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28 [No. The Registration (Strata Titles) (Amendment) Act, 2009period of office of the member, which shall not exceed threeyears, and each member shall be eligible for reappointment.

Resignation. 6.-{ I) Any member other than the Chairman may at any timeresign his office by instrument in writing addressed to theChairman who shall forthwith cause it to be forwarded to theMinister and that member shall cease to hold office as from thedate of receipt of the instrument by the Minister.

(2) The Chairman may at any time resign his office byinstrument in writing addressed to the Minister and such resigna-tion shall take effect as from the date of receipt by the Ministerof the instrument.

Revocation 7. The Minister may terminate the appointment of anyof appoint- member if such memberment. (a) becomes of unsound mind or becomes permanentlyunable to perform his functions by reason of il lhealth;(b) becomes bankrupt or compounds with, or suspendspayment to, his creditors;(c) is convicted and sentenced to a term of imprisonment

or to death;(d) becomes a person who would have been disqualified

for appointment on the grounds indicated inparagraph 3;(e) fails, without reasonable excuse, to carry out any ofthe functions conferred or imposed on him underthis Act.

Appointment 8.-{l ) The Commission may, with the approval of theof commit- Minister, appoint committees, for special purposes connectedtees. with the functions of the Commission, where in the opinion ofthe Commission such functions would be better regulated andmanaged by committees.

(2) The Commission shall in relation to the appointmentof a committee determine(a) the number of members;(b) the terms of their appointment;(c) the quorum; and


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29he Registration (Strata Titles) (Amendment) Act, 2009 [No.(d) the area within which the committee shall exercise its

authority.(3) Each committee shall include one member who isa member of the Commission and such other members as theCommission thinks fit.(4) The validity ofthe proceedings ofa committee shallnot be affected by any vacancy or defect in appointment of a

member.9. The names of all members of the Commission as first

constituted, and every change in the membership thereof, shallbe published in the Gazette.1O.-{1) The seal of the Commission shall be authenticatedby the signatures of the Chairman or any member of theCommission authorized to act in that behalf and the Secretary ofthe Commission.

(2) All documents other than those required by law tobe under seal and all decisions of the Commission may besignified under the hand of the Chairman or any member authorized to act in that behalf or the Secretary of the Commission.

II .- { I) The Commission shall meet at such times as may benecessary or expedient for the transaction of business, and suchmeetings shall be held at such places and times and on suchdays as the Commission shall determine.(2) The Chairman may at any time call a special meeting

of the Commission, and shall call a special meeting to be heldwithin seven days of a written request for that purpose addressed to him by any two members of the Commission.

(3) The Chairman or the person appointed in accordance with paragraph 2(2) shall preside at the meetings of theCommission and when so presiding the Chairman or the personappointed, as the case may be, shall have an original and acasting vote in' any case in which the voting is equal.(4) The quorum of the Commission shall be fifty per

cent of the number of members rounded down to the nearestwhole number.(5) Subject to the provisions of this Schedule, theCommission may regulate its own proceedings.

Publicationof membership.Seal andexecution ofdocuments.

Procedureand meetings.


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30 [No. The Registration (Strata Titles) (Amendment) Act, 2009

(6) The validity of any proceeding of the Commissionshall not be affected by any vacancy amongst the membersthereof or by any defect in the appointment of a member thereof.Delegation. 12.-{1) The Commission may, either generally or as otherwise

specified in the instrument of delegation, delegate to any of itsofficers so specified, any of its functions under this Act or anyrelevant Act, other than the power of delegation.

(2) A delegation under sub-paragraph (1) shall be revocable by the Commission and no delegation shall prevent theexercise of a power by the Commission.

Remunera 13. There shall be paid from the funds of the Commissiontion of to the Chairman and other members of the Commission suchmembers. remuneration, if any (whether by way of honorarium, salary ortravelling or other allowances), as the Minister may determine.

Disclosure of 14.-(1) A member who is in any way directly orinterest. indirectly interested in a contract made or proposed to be madeby the Commission, or in any other matter whatsoever whichfalls to be considered by the Commission, shall disclose thenature of his interest at a meeting of the Commission and thedisclosure shall be recorded in the minutes of the meeting; andthe member shall not take part in any deliberation or decision ofthe Commission with respect to the contract or to the othermatter, as the case may be.

(2) A notice given by a member at a meeting of theCommission to the effect that he is a member of a specificcompany or fmn and is to be regarded as interested in anycontract which is made after the date of the notice with thecompany or fmn shall, for the purposes of sub-paragraph (]), bea sufficient disclosure of his interest in relation to any contractso made.

(3) A member need not attend in person at a meetingof the Commission in order to make a disclosure which he isrequired to make under this paragraph if he takes reasonablesteps to secure that the disclosure is made by notice which istaken into consideration and read at such a meeting.

Indemnity. 15. No action, suit, prosecution or other proceedings shallbe brought or instituted personally against any member of theCommission in respect of any act done bona fide in pursuanceor execution of or intended execution of this Act.


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31he Registration (Strata Titles) (Amendment) Act, 2009 [No.Part II

1.--(1) The .Commission may appoint and employ at suchrenumeration and subject to such terms and conditions as itthinks fit, a Secretary and such other officers, employees andagents as it thinks necessary for the proper carrying out of theprovisions of this Act, so, however, that no salary in excess ofthe prescribed rate shall be assigned to any post without theprior approval of the Minister with responsibility for the publicservice.

(2) For the purposes of subsection (1), the prescribedrate means four miIlion dollars per annum or such higher rate asthe Minister with responsibility for the public service may, fromtime to time, by order, prescribe.

Appointmentof Secretaryand otherofficers,employeesand agents.


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Constitutionof Tribunal.

Tenure ofoffice.

Resignation.

Publicationof membership.

FOURTH SCHEDULE (Section 15A)Constitution and Procedure of Appeals Tribunal

1.-(1) The Tribunal shall consist of not less than three normore than five members appointed by the Minister from thefollowing

(a) a person who is a Judge or Resident Magistrate whohas retired;(b) an attorney-at-law practising at the private bar;(c) a person appearing to the Minister to have experiencein property management matters; and(d) two persons who are public accountants or members

of the Institute of Chartered Accountants of Jamaica.(2) The Minister shall appoint one of the members ofthe Tribunal to be the Chairman thereof.(3) For the hearing of any appeal under this Act, the

Tribunal may consist of one member sitting alone if the partiesto the appeal agree.2.- (1) The appointment of every member of the Tribunalshall be evidenced by instrument in writing and shall be for aperiod not exceeding three years.

(2) Every member of the Tribunal shall be eligible forreappointment.(3) The Minister may at any time revoke the appoint

ment of any member of the Tribunal.3 . - ( I) Any member of the Tribunal other than the Chairmanmay at any time resign his office by instrument in writingaddressed to the Minister and transmitted through the Chairman,and from the date of the receipt by the Minister of suchinstrument, such member shall cease to be a member of theTribunal.

(2) The Chairman may at any time resign his office byinstrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt of suchinstrument by the Minister.

4. The names of the members of the Tribunal as firstconstituted and every change in membership thereof, shall bepublished in the Gazette.


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33he Registration (Strata Titles) (Amendment) Act, 2009 [No.5. All documents made by, and all decisions of, the Tribunal may be Authenticasignified under the hand of the Chairman or any member of the Tribunal tion of

authorized to act in that behalf. documents.6.-(1) The Tribunal shall meet at such times as may be necessary or Procedureexpedient for transaction of business or conduct of hearings and such meetings regardingshall be held at such places and times and on such days as the Tribunal may meetings.

determine.(2) The Chairman or any other person appointed to act temporarilyas Chairman shall preside at meetings of the Tribunal.(3) Subject to paragraph 1(3), a decision of the Tribunal shall be by

a majority of votes of the members and in any case in which the voting isequal the Chairman shall have a casting vote in addition to his original vote.(4) The Tribunal shall have power to regulate its own proceedings.(5) Proper records of all proceedings of the Tribunal shall be kept.

7. There shall be paid from the funds of the Commission to the Chairman Remuneraand other members of the Tribunal such remuneration (whether by way of tion ofhonorarium, salary or fees) and such allowances as the Minister may determine. members.8. No action, suit, prosecution or other proceedings shall be brought or Protection ofinstituted personally against any member of the Tribunal in respect of an act members.done bona fide in pursuance of or execution or intended execution of theprovisions of this Act.9. Any member ofthe Tribunal who has any interest, directly or indirectly, Disclosure ofin any matter brought before the Tribunal shall- interest.

(a) disclose the nature of the interest to the Tribunal; and(b) not take part in any deliberation or decision of the Tribunal with respect to that matter.

10. The office of Chairman or member shall not be a public office for the Office ofpurposes of Chapter V of the Constitution of Jamaica.". member not apublic office.Passed in the House ofRepresentatives this 27th day ofOctober, 2009 with

twenty-seven (27) amendments.DELROY H. CHUCK,

Speaker.Passed in the Senate this 4th day ofDecember, 2009 with twenty-nine (29)

amendments.OSWALDG HARDING, OJ, CD, QC,

President.


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On the 1 dayofDecember, 2009 the House ofRepresentatives agreed to theamendments made by the Senate.DELROY H. CHUCK,

Speaker.This printed impression has been carefolly

compared by me with the Act which has passedthe House o/Representatives andSenate, andhas been/oundby me to be a true and correctprinted copy 0/ the said Act.

Clerk to the Houses o/Parliament.

341_the registration (strata titles) (amendment) act, 2009.pdf

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