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The document outlines regulations related to unit titles in Kenya, as published in Government Notice No. 357 of 2009. It covers various topics related to unit titles registration including: registering a unit plan or unit; subdividing or amalgamating units; changing the use of a unit; requirements for unit plans; and certificates and forms that must accompany various applications. It also addresses fees, offences and penalties, interpretation of terms, and the responsibilities of the Registrar.
The document outlines regulations related to unit titles in Kenya, as published in Government Notice No. 357 of 2009. It covers various topics related to unit titles registration including: registering a unit plan or unit; subdividing or amalgamating units; changing the use of a unit; requirements for unit plans; and certificates and forms that must accompany various applications. It also addresses fees, offences and penalties, interpretation of terms, and the responsibilities of the Registrar.
The document outlines regulations related to unit titles in Kenya, as published in Government Notice No. 357 of 2009. It covers various topics related to unit titles registration including: registering a unit plan or unit; subdividing or amalgamating units; changing the use of a unit; requirements for unit plans; and certificates and forms that must accompany various applications. It also addresses fees, offences and penalties, interpretation of terms, and the responsibilities of the Registrar.
COVERNMENT NOTICE No.3 57 published on 23/1 Ofl009
THE UNIT TITLES ACT (CAP. 416) REGULATIONS THE UNIT TITLES REGULATIONS. 2009 ntle Regulations 1 . Citat!tion. 2. Interpretation. 3. Registration of a unit. 4. Application for registration of a unit plan. 5. Application for registration of a unit. 6. Issuance of a certificate of a unit. 7. Application for registration ofsubdivision and amalgamation. 8. Change of use of a unit. 9. A unit plan to conform to certain requirements. 10. Certificates Associations a unit plan. 1 I. A unit to be operated by an Association. 12. Qualification ofa Managing Agent. 13. Registration of an Association. 14. Association to have a Constitution. IS. A developer. 16. Powers of the Registrar. 17. Termination of the unit status. 18. Use of other forms. 19. Quality of paper. 20. Fees: 21. Offences and penalties. SCHEDULE 19. Quality of paper. 20. Fees: 21. Offences and penalties. SCHEDULE .Unit TItles GN. No. 357 (can/d.) THE UNIT TITLES ACT (CAP. 416) REGULATIONS (Made under section 83) THE UNIT TITLES REGULATIONS. 2009 1. These Regulations may be cited as the Unit Titles Regulations, Citation 2009 and shall come into operation on a date to be published in the Gazette. 2. In these Regulations unless the context otherwise requires: "Act" means the Unit Titles Act. 2008: 1 "Certificate of Unit Title" means a certificate issued under Regulation 6; "Managing Agent" means a person referred to under section 49 of the Act; "Register of units" means a register kept under Regulation 3( ~ "Registrar" means Registrar appointed under section 4 of the Land Registration Act; "Unit plan" means a plan referred to under section 5(2) of the Act; 3.-( ]) The Registrar shall keep and maintain a register of un its and record all particulars of units therein. (2) The keeping and maintenance of the register under sub-Regula- tion (1) shan be as provided for in section 8 of the Act. (3) The register of units and other matters relating thereto, shall be as set out in the forms in the First Schedule to these Regulations. (4) A unit title registered under the Act and these Regulations shall be assigned a number by the Registrar; and for the purposes of reference in the register. the unit may be identified by such number as shown in the Second Schedule to these Regulations. (3) The register of units and other matters relating thereto, shall be as set out in the forms in the First Schedule to these Regulations. (4) A unit title registered under the Act and these Regulations shall be assigned a number by the Registrar; and for the purposes of reference in the register. the unit may be identified by such number as ~ h n w n in the Secnnd Schedule to these Regulations. Interpre- (ation Cap. 334 Registra- tion ofa unit Unit TItles GN. No. JJ1 Applica- lion for registra- tion ofa unit plan AppUta- don for r"C8iSlla lion ofa unit lsuuance ora certificate 0(. unit 4.-( 1) Any person who intends to register a unit plan shall make an application to the Registrar for that purpose, in the form set out in the Third Schedule to these Regulations. (2) A unit presented to the Registrar for purposes of registration as a unit plan, a unit plan of a subdivision or amalgamation or any other type of plans intended to be registered shall be: . (8) drawn in ink, material, size and be in nature; (b) prepared in sheets bearing such words and formats; (c) consisting of any other infonnation or signs, as may be directed by the Registrar and any other relevant authority. (3) The Register may impose any condition to be complied with by every applicant under these Regulations. s.-( I) Any person who intends to register a unit shall make an appl i cation to the Registrar for that purpose. (2) The Registrar may impose any conditions to be complied with by e\lery applicant under this Regulation; (3) The application .under sub-Regulation (I) shall be made in the ronn set out in the Fourth Schedule to these Regulations. 6.-( 1 ) Where the Registrar is satisfied that an applicant has fulfilled all requirements provided for under the Act and these Regulations. he shall, after the payment of a prescribed fee, register the un it plan or un it. (2) The Registrar shall, after the registration of a unit plan or a unit, issue a cenificate of unit title to that effect, which shall be as set out in the Fifth Schedule to these Regulations. (3) Where the Registrar refuses to register a unit plan or a unit. he shall, in writing, inform the applicant of such refusal and reasons thereof. (4) Where an applicant under sub-Regulation (3) has made correc-
the Fifth Schedule to these Regulations. (3) Where the Registrar refuses to register a unit plan or a unit. he shall, in writing, inform the applicant of such refusal and reasons thereof. (4) Where an applicant under sub-Regulation (3) has made correc- tion or fulfilled any requirement as directed by the ReRistrar. the ReRis- Unit ntles GN No. 357 (corrtd.) I, . 7.-{ I) Any person who intends to subdivide or amalgamate his unit Applica- or units shall make an application to the Registrar for that purpose in the for fonn set out in the Sixth Schedule to these Regulations. . subdivi- (2) The application made under sub-Regulation (1) shall be attached" sion and with the consent certificate from the local government authority, in a form shown in the Seventh Schedule to these Regulations. (3) Subject to sub-Regulation (2), the Registrar may register the appli- cation and where the Registrar refuses to register the application. he shall inform the applicant of such refusal and reasons thereof. (4) Where an applicant under sub-Regulation (3) has made correc- tion or fulfilled any requirement as directed by the Registrar, the Regis- trar shall register the applicant for sub-division or amalgam.!1ion. (5) The Registrar shall, before registering an application for sub- division or amalgamation of a unit or a unit plan. cause to be: (a) endorsed on the original registered unit a notification of the sub-division or amalgamation: and (b) indicated on the unit plan in the original register, a unit plan illustrating the unit or units being subdivided or amalgamated, thereafter. he shall, after the payments of prescribed fee, register the unit or unit plan. 8.-{ 1) Any owner of a unit may, in accordance with the provisions of Change of uSe of section 13 of the Act apply to the Registrar for change of the use of his a unit unit in the form set out in the Eighth Schedule to these Regulations. (2) The application made under sub - Regulation (1) small be at- tached with the certificate of consent of change of use from Association and Certificate of Consent of change of use from local government au- thority as shown in the form set out in the Ninenth Schedule to these Regu lations. (3) Where the Registrar is satisfied that the requirements of section 1'1 "' ...... "" A", .... _ ......... "'n'" .. I .... ... _ t" L __ 1-_11 _L ___ _ (2) The application made under sub - Regulation (1) small be at- tached with the certificate of consent of change of use from Association and Certificate of Consent of change of use from local government au- thority as shown in the form set out in the Ninenth Schedule to these Regu lations. (3) Where the Registrar is satisfied that the requirements of section 11. "f"tJ..,p A,.t .. nrl tJ..oC'o Don .. I ... :", ... "" ..... .,"" .... "" .......... 1+.11"" ........ ........ 11 "' ...... Unil TIlles GN. No. 357 (comd.) Aunit plan 10 conform to certain require- ments Applica- tion to be accompa- nied by certificate Applica- tion to be accompa- nied by certificate 9.-{ I) Every unit plan shall conform to certain requirements as the Registrar or any other relevant authority may require. . (2) Without prejudice to the generality of sub-Regulation (l), a unit plan shall: (a) in its heading. be described as a unit plan; (b) in the plan, be indicated, a delineation of the external surface boundaries of the common property and the location of the building in relation to them; (c) include a drawing illustrating the units and distinguishing the un its by numbers or other symbols; (d) indicate the boundaries of each unit clearly defined in the (e) indicate the approximate floor area of each unit as shown in the plan: (f) be accompanied by a schedule specifying in whole numbers the unit factor for each unit in the common property; (g) be accompanied by a statement containing such particulars as are necessary to identify the title to the common (h) be accompanied by certificates under section 15 of the (i) be signed by the proprietor or U) contain the address at which documents are to be served on the relevant Association in accordance with the Act; and (k) any other relevant requirements provided for in the Act and these Regu lations. J o.-{ 1) Every application for a registration of a unit plan shall be accompanied by: . (a) a certificate of a registered Land Surveyor; (b) a certificate from a local government authority; and (c) a certificate of a registered Architect. J o.-{ 1) Every application for a registration of a unit plan shall be accompanied by: . (a) a certificate of a registered Land Surveyor; (b) a certificate from a local government authority; and (c) a certificate of a registered Architect. (2) The certificates referred to under sub-ReQu lation ( 1 ) sha II he a" Unit TItles GN. No. 357 (contd.) 11.-( 1) Every unit title shall be operated and managed by an Associa- A unit to tion as provided for in the Act. be (2) Every Association shall appoint a manager to be known as a Managing Agent who shall: (a) manage the unit (b) manage the movable and immovable properties of the Asso- and (c) manage the common properties of the Association. (3) Subject to provisions of sub-Regulation (2), the management shall be done through an agreement in the form as shown in the Eleventh Schedule to these Regulations. 12.-{ 1) The Managing Agent referred to in regu lation 11 shall be any of the following: (a) any person with property and facilities management qualifi- cations from an approved Institution (b) any other category of persons with recognized professional qualifications as the Minister may prescribe. operated by an
tion Qualifi- cations of a Manag- ingAgent 13.-{ 1) The Registrar shall keep and maintain a register of Associa- Registra- tions and record all their particulars therein. tion of an Associa- (2) Every Association shal1 make an application for registration to the Registrar for that purpose. (3) The Registrar may, upon being satisfied that, the Association has fulfilled all requirements provided for under the Act and these Regula- tions and upon the payment of prescribed fees shall register the Associa- tion. (4) Where the Registrar refuses to register the Association he shall, in writing, inform the applicant the reasons for the refusal. (5) Where an applicant under sub-Regulation (3) has made correc- .. tions and upon the payment of prescribed fees sha.1I register the Associa- tion. (4) Where the Registrar refuses to register the Association he shall, in writing, inform the applicant the reasons for the refusal. (5) Where an applicant under sub-Regulation (3) has made correc- .. f' .. Ir:I1.a.rI .. nu f' .. rih.a. .. r.a.n .. :r.a.rn.a.nt ,,"co h" Uon;cotr'.llr thp tion Unit nIles GN. No. 357 (cOn/d.) Associa. tion to have a CQnstitu lion (6) The Registrar may impose any conditions to be complied with by every application under this Regulation. . :"(7) the application under sub-Regulation (2) shall be made in the fonn set out in the Twelventh Schedule to these Regulations. (8) Upon registration of an Association under this Regulation, the Registrar shall issue a certificate of registration in the form set out in the Thirteenth Schedule to (9) The Registrar may, upon satisfying himself that an Association has contravened any of the provisions of the Act, By-laws or these Regu- or has. in one way or another, lost the capacity to be an Associa- tion. cancel the certificate of registration. (10) Subject to the provisions of section 50 of the Act the Association By-laws shall be in the model set out in the Fourteenth Schedule to these ReglJlations. 14.-( 1) There shall be prepared a Constitution for every Association established under the Act and these Regulations. (2) The Constitution referred to under sub-Regulation (1) shall be in a model set out in the Fifteenth Schedule to these Regulations. (3) The fonns to be used for matters relating to Associations shall be as set out in the Sixteenth Schedule to these Regulations. A . ' . 15.-( 1) A developer shall not sell a unit or proposed unitunless he has developer delivered to the pUrchaSer a copy of - .04: .' (a) the sale agreement which shall contain the matters set out in the Seventeenth Schedule to these Regu lations; (b) the existing or proposed By-laws: (c) the existing or proposed management agreement: (d) the existing or proposed recreational agreement; (e) the lease of the common property, if the common property on which the unit is located is held under a lease; --"'-'-_.- ---- ----l'" ... -- (a) the sale agreement which shall contain the matters set out in the Seventeenth Schedule to these Regulations; (b) the existing or proposed By-laws: (c) the existing or proposed management agreement: (d) the existing or proposed recreational agreement; (e) the lease of the common property, if the common property on which the unit is located is held under a lease; -! .... . Unit nIles GN. No. Jj1 (contd.) the un it: and (g) the Unit plan. (2) A developer shall deliver to the purchaser in respect of a charge or proposed charge, a written notice indicating- (b) the maximum principal amount under the charge; (c) the maximum monthly ifany, (d) the amortisation period; (e) the grace period. ifany: (f) the pre-payment tenns, if any; and (g) the interest rate or the fonnula. if any. for determining the interest rate. (3) Subject to subsection (4), a purchaser of a unit from a developer may, without incurring any liability for doing so. rescind the sale agree- ment within ten days after the date of its execution. (4) A purchaser may not rescind the sale agreement under tion (3), ifall documents required to be delivered to the purchaser under subsection (1) have been dully delivered to him not less than ten days before the execution of the sale agreement by the parties to it. (5) Where a sale agreement is rescinded under subsection (3), the developer shall. within ten days from receipt of written notice of the rescission. return to the purchaser all the money paid in respect of the purchase of the unit. 16. The Registrar shall. in relation to the lftlit titles and Associations referred to under Regulation 14. have the following powers: . (a) to register and de-register unit plans and units; (b) to issue unit titles and other associated documcJlts; (c) to register and de-register Associations; (d) change fonns under these Regulations; and ( e) do anything under his powers in relation to functions and pow- ers prescribed under these Regulations. Powcrof \he RClistrar 17.-{ l)A unit status ofa building or common property may be tenni- Tenni ... ftGtAd i ... QI'I'".dQftl'A ,.,:+i. +i. ....... ... "f' ... "f' +1. ... A "'+ lion of (b) to issue unit titles and other associated documcJlts; (c) to register and de-register Associations; (d) change fonns under these Regulations; and ( e) do anything under his powers in relation to functions and pow- ers prescribed under these Regulations. 17.-{ l)A unit status ofa building or common property may be tenni- Tenni ... nated in accordance with the Drovisions of section 7S of the Act. Unit ntles GN. No. 357 (conld.) Use of other fonns Quality of paper Fees (2) Where the Registrar terminates a status of. a unit or common property under sub-regulation (I) he shall, by an application made by the owners, issue a certificate in accordance with section 7S of the Act. (3) Upon termination ofa unit status, an Association may executive transfer of common property of any part of the common property in with Section 76 of the Act. (4) Where Association resolves to transfer common property.on ter- mination of un it status, it shall prepare and issue a Certificate of Grant of common property in a form shown in the Eighteenth Schedule. (5) The.{ermination ofa unit status and transfer of common property under sub-regulations (I) to (4) shaH be made in the prescribed form set out in the Nineteenth Schedule to these Regulations. 18.-{1) No person shall, unless with the permission of the Registrar, use a form or forms other than those set out in the Schedules to these Regulations. The Registrar may alter or modify any of the prescribed form as circumstances may require. (2) Where a form has not specified for any matter in these Regula- tions, the relevant form in the Land Registration Act and Land Regula- tions, 2001 shall be used for that matter. 19. All forms intended for registration entry, or filing in the register, shall be on paper of durable quality. 20. The Registrar may, in relation to the Act and these Regulations, impose fees set out in the Twentieth Schedule to these Regulations. Offences 21. Any person who contravenes any of the provisions of these Regu- and penalties lations comm its an offence and shall be liable to penalties provided for under the Act. impose fees set out in the Twentieth Schedule to these Regulations. Offences 21. Any person who contravenes any of the provisions of these Regu- and penalties lations comm its an offence and shall be liable to penalties provided for under the Act. FIRST SCHEDULE (Mode unde, Regula/ion 3(3)) UTfNo.1 REGISTER OF UNIT No. of Units ........... UNIT PLAN No ... ... . ...... Part A - Property SectiOD ditlog Date Opened Particulars of unit property TItle Number Plot Number Block Number Location OwnerlDeveloper ...... . .. .... . ........ ' ... " ' .. ' ...... Apprq,riale areas in square metres Postal Iddrcs.s ...... .. . . . ............................................. Rqiltly index map shccc Rcnt .................. Tcnn ................ From ......... The estale of uJ registen:d owner/developu is subject to die c:ovllftllDts and conditions contained in the c::ertificale of Part B - Proprietonhl Section Part E - EacumbraDce Section ro Date of Name of the Address Considentionl Signature of Dale of Nature of Further Signallft of No. ~ o registered owner of the Declared value the roNo regist. alion Encumbra- particu- the registrw' registered Registrar nee' Ian owner --1-.--.---" - -- I-- .- -- -- . __ . _ -- Part C - Cbaage of members of committee aDd dla.ge Part D - b a n ~ e of By .... ~ or maoa2iol alent Serial FDNo. Date of Initials of the Serial FD Date Signature No. registration reglstrar No. No. of of regist. registrar ration -- .. - .- Unit Titles GN. No. 357 (contd.) UTF No.2 SECOND SCHEDULE (Made under Regulation 3(4)) NUMBERrNG OF THE UNIT PLAN t. A plan presented for registration as unit plan shall be numbered in the following manner:- Plan No ......... ,. of Plot No ......... Block ......... ... . . . Location ............. Title of the plot is identified as required by the section 35 of the Land Registration Act. 2. A plan presented as a unit plan of subdivision shall be numbered in the following manner:- Unit subdivision plan No ................. of Plot No ............. .. . Block/G/6/5, (where 5 is the number of the unit in the building situated on Plot number 6 in Mbezi Block G). 3. A plan presented for registration as a unit plan of consolidation shall be numbered in the following manner :- Unit consolidation Plan No ..... ..... ,ofPlot No ............... Block. G/6/3 and 4. Similar numbering shall apply to unit Plans relating to Plots in other Blocks or registration sections. Unit Titles GN. No. 357 (comd.) UTF No.3 THIRD SCHEDULE (Made under Regulation 4(1)) APPLICATION FOR REGISTRATION OF A UNIT PLAN (To be submitted in duplicate) Title No .... To: The Registrar of Titles I/We .......... .................................................................................................................. of Postal address ............................................................................................................ .. Email ..................................................................... Phone No ..................................... .. We hereby apply for the registration of the unit under the above reference; Nationality .................................................................................................................. . Present occupation/type of business engaged in ........................................................ .. Numberofunits ................................................................ ......................................... .. Description of property: Plot No ...... Block ....... Location ................... Title No ........ .. Approximately value of existing or planned building .................................................. . Registered Proprietor ......... ......................................................................................... . Tenure: Right of Occupancy /Lease ............................................................................. . Signature of the applicant(s) or agent(s) .................................................................... .. -Attach four copies of unit plan -Application to conform to requirements of Regulation 9 , ...... u ...... '''1ft." VI ... Signature of the applicant(s) or agent(s) .................................................................... .. -Attach four copies of unit plan -Application to conform to requirements of Regulation 9 Unit Titles GN. No. 357 leonrd.; UTF No.4 FOURTH SCHEDULE (Made under Regulation 5(3)) APPLICATION FOR REGISTRATlON OF A UNIT (To be submitted in duplicate) Title No .... To: The Registrar of Titles I1We .... ........................................................................................................................ of Postal address ............................................................................................................. . Email .............. ....................................................... Phone No ...................................... . We hereby apply for the registration of the unit under the above reference: Nationality .................................................................................................................. . Prescnt occupation/type of business engaged in ..................................................... .... . Number of units .......................................................................................................... . Description of property: Plot No ...... Block ....... Location ................... Title No ........ .. Approximately value of existing or planned building .................................................. . Registered Proprietor ........................................................... \ ...................................... . Ten ure: Right of Occupancy/Lease ................................................... .......................... . Signature of the applicant(s) or agent(s) ..................................................................... . Attach four copies of unit plan Application to conform to requirements of Regu lalion 9 Tenure: Right of Occupancy /Lease ............................................................................. . Signature of the applicant(s) or agent(s) .............................................................. ....... . Attach four copies of unit plan Application to conform to requirements of Regu lation 9 Unit Titles GN. No. 357 (can/d) UTF No.5 FIFTH SCHEDULE (Made under Regulation 6(21)) CERTIFICATE OF UNIT TJTLE (RIGHT OF OCCUPANCY) THIS IS TO CERTIFY THAT .. . ................................................... ........................................... . ............................... ................................................................. (Name and address (s lis (are) now registered as the unit owner (s) of the title interest referred to. subject to agreements and other matters contained in the registered title. and to such encumbrances. covenants and conditions hereinafter set our and as may for the time being subsist and affect the land comprised in the right of Occupancy. Plot No ..................... . Block ........................... location ...... .. .................... Title No .................... . Unit Title Number ..................................................................................................... .. Unit Number .............................. and ......................... number of shares in the common propeny herein Approximate Floor Area .......................................................... ml Unit Plan Number ................. owner ................. term ................ years ........ tiom ........ . Dated this ........................... day of ....................... 20 ...... .. Registrar a/Tilles Registrar o/Titles Unit Titles GN. No. 357 (conrd.J UTF No.6 SIXTH SCHEDULE (Made IInder Regulation 7(1)) APPLICATION FOR REGISTRATION OF SUBDIVISION/AMALGAMATION Unit Title No ...... . lIWe ............................................................................................................... ofPostal Address ........................... E-mail ....................................... Telephone ................ : ......... . Hereby apply for the amalgamation/subdivision of the units registered under the above reference. dated this ..................................................... day of ~ ........................................ 20 ............. .. Signature of Applicant(sj Unit Titles GN. No. 357 (contd.) UTF No.7 SEVENTH SCHEDULE (Made under Regulation 7(2)) CERTIfICATE OF CONSENT OF LOCAL GOVERNMENT AUTHORITY FOR SUBVISrON/AMALGAMATION Unit Title No ......... .. To: Registrar of Titles This is to certify that. the proposed subdivision/amalgamation of the structure submitted ................................ .... ........... .. ...... (inscrt name of regis Ie red proprietor) as shown on thc unit Plan in respect of the buildings(s) situated on Plot No . ........................ ....... .. Block ..................... .. ..... Localion ................................. Title No ............................... has been approved by ........................................ (insert name of local authority) in accordance with the Unit Titles Act. 2008. CitylMlinicipallDistrictrrownship Director Date: ............... ... ...... .... .. Unit Titles GN. No. 357 (conrd.) UTF No.8 EIGHTH SCH EOULE (Made under Regulalion 8(/}) UNIT TITLES ACT 2008 APPLICATION FOR CHANGE OF THE USE OF UNIT Unit Title No ..... ...... . To: The Registrar of Titles l/We .. .................................................................. .. ...................................................... .. of Postal address .................................. E-mail ......... ............. Telephone ..................... . Hereby apply for registration for change of use of the units registered under the above. reference. dated this .................................... Oay of ........................ 20 ... ........ . . Applicant s Signarure Unit Titles GN. No. 357 (contd.) UTF No. 9A NINETH SCHEDULE (Made under Regulation 8(2)) CERTIFICATE OF CONSENT OF CHANGE OF USE FROM ASSOCIATION To: The Registrar of Titles This is to certify that. the proposed change of use of the structure submitted by ....................................... (insert name of registered proprietor) as shown on the Unit plan in respect of the building situated at Plot No ............. Block ............... Unit Title No ........................... Location ............... .......................................... has been approved by .............................................................................. .(on behalfofthe association) in accordance with the Unit Title Act, 2008 Sealed with the common seal of the .................................................. .. (Name of the in the presence of us this ................. day of ................. .. ............ 20 ....... .. Committee Member Chairman of the Committee Chairman of the Committee Unit Titles GN. No. 357 (contd.) UTF No. 98 CERTIFICATE OF CONSENT OF CHANGE OF USE FROM LOCAL GOVERNMENT AUTHORITY To: The Registrar of Tilles This is to certify that, the proposed Change of Use of the structure submitted by shown on the Unit plan in respect of the building(s) situated on Plot No ............. ......... . Block ... ... ...................... .......... Localton ... ..... ................................. ... .... ..... ....... ... Unit Tille No ........... .... ........... has been approved by .......................................... (name of the Local Authority) in accordance with the Unit Titles Act. 2008. CitylMunicipallDistrictlTownship DireClOr Unit TIlles GN. No. 357 (conrd.) TENTH SCHEDULE (Made under Regulation 10(2)) UTF No. lOA A. CERTIFICATE OF REGISTERED LAND SURVEYOR . Title No ..... 1 certify that:- (1) AI I the works performed in the field and in the office by my assistant .................................................. (Name of the assistant) has been carried out under my personal direction. and I take full responsibility for all the work as performed. OR (2) I. In person. made. and on the ... '" ............. day of ............. completed the survey represented by this plan. on which are written the bearings and lengths of the lines surveyed by me. and that the survey has been executed in accordance with the existing Regulations and with the approved Town Planning Scheme. (3) 1 he survey was performed between the dates of. ................ .. and ..................... and that this plan is true and correct. and is prepared in accordance with provisions of the Unit Titles Act. 2008. (4) The buiJdingls) situated on the plot(s) that is (are) the subject of this plan is (are) wholly within the external boundaries of the plot (in case of encroachment. this statement will be varied accordingly); and (5) The units shown on this plan are the same as those existing at the time ofthe survey. Practicing Certificate Number ... .. , .................... . Signature of Registered Surveyor survey. Practicing Certificate Number ... .. , .................... . Signature of Registered Surveyor Unit Tilles GN. No. 357 (contd.) UTF No. lOB THE UNIT TITLES ACT. 2008 D. CERTIFICATE FROM A LOCAL GOVERNMENT AUTHORITY To: The Registrar of Titles This is to certify that the proposed division of the structure submitted by ..................................... (Insert name of registered proprielOr) as shown on the Unit plan in respect of the building situated at Plot .......... Block .......... Title No ........ been approved by .............. (/nsen name of local aUlhority) in accordance with the Unit Title Act. 2008. City/Municipal Director Date: ................................. ... . UTF NO. JOC C. CERTIFICATE OF REGISTERED ARCH ITECT To: The Registrar of Titles This is to cenify that the unit plan in the respect of the building situated at Plot No ......... Block ............ Location .................. Unit Title No ........... as per attached sheet No.1 to .......... was prepared and by a Registered Architect. Dated this .......... Day of ........... 20 ........ . Registered Architect Signalllre Practicing Certificate Number ....................... . Registered Architect Signalllre Practicing Certificate Number ....................... . Unit Titles GN. No. 357 (cO,n(d.) .. ELEVENTH SCHEDULE (Made under Regulation J J (3)) MANAGEMENT AGREEMEN'I' This Management Agreement is made on -------- Between; .. ' .. , .. UNIT TITLES ASSOCIATION a registered as a Unit Association ullder the Unit Titles Act. 2008 in the United Republic of Tanzania. P.O. Box .. ........ .. ...... hac-III-after referred to as "the Association" which expression shall where the context so admits include its successors and assigns on one part and .. .. .... a limited Ilahility company incorporated in the United Republic of Tanzania of P.O. Box hcre- m after referred to as "the Management Agent" which expression shall here the context so admits include its successors and assigns on the other. Where as: Where as: Where as: Where as: the Association is registered as proprietor. or as trustee of the Unit Property: the Management Agent has special ized knowledge and experiem:e and experts and other personnel qualified and capable of carrying. !lut the duties outlined the Association wishes the Management Agent to market. let. manage and operate on its behalf the Unit Property in the manner set out in this agreement: and the Management Agent has agreed to undertake such markcting. letting and management of the Unit Property. APPOINTMENT I. The Association hereby appoints the Management Agent and the Agent hcreby accepts such appointment as a ManagementAgent in rendering prol'cssional services of the Property for ------------------ years renl!wablc annually with p'ffp'l't ... i'.-.-.:.-.-.m . ;.Inri ::III APPOINTMENT I. TheAssociation hereby appoints the Management Agent and the Agent hereby accepts such appointment as a ManagementAgcnt in rendering prol'cssional services of the Property for ------------------ years renl!wablc annually with effect from ----------------------- to manage and operate the property and a II Unit . GN. No. 357 (contd.) 2. The Association shall in consultation with the Managing Agent determine the policy to b followed in connection with the marketing, letting and management of the Unit Property and shall have ultimate control and discretion in the operation of the Unit Property throughout the term of this Agreement. 3. It is understood and agreed that nothing herein contained shall constitute or be construed to be or create a partnership or jOint venture between the Association and the Management Agent. its successors or assignees. PARTICULAR POWERS AND OUTI ES 4. In furtherance of and without prejudice to the general power and authority hereinbefore conferred. the Managing Agents shall have ":nter alia" the following powers, authorities, discretions. and duties. (a) (b) (c) (d) (e) (f) (g) (h) (i) \51 (h) (i) to diligently and prudently manage the affairs of the unit property and to protect and promote the interest of the Association; To prepare statements of demand. receive and ensure that service charges, electricity/diesel costs and other outgoings for day to day running of common property are collected from the owners. To prepare rent demand notes. receive and ensure that rent. service charges. electricity/diesel costs and the taxes relevant to the charges of rented common property are collected from of the tenants. To account to the Association promptly but in any event within 22 days of the end of each month for all taxes. rates, rents, insurance premiums. expenses and outgoings notifies to the Manager and payable by the owners in respect of the property which the Manager shall ensure is promptly paid. To keep accounts of the association in accordance with good accountancy custom and will have the accounts audited by qualified auditors once a year. To render monthly statements to the association of all rents paid for common property and other sums collected and ifrequired to produce to the association receipts.or vouchers in respect of any payments; To maintain a Unity Property Register which shall contain information provided under section 51(2) and 52(1) of the Unit Act 2008. To ensure that all tenants of the common property effect all payments payable under their respective leases or tenancies; To repair, renew and replace any equipment. fixtures and other items and effects of the common property as the Manager may deem necessary from time to time provided that such repair. renewal or replacement shaH no exceed the sum ofTsh ------ and .. .. .. information provided under section 51(2) and 52(1) of the Unit Act 2008. To ensure that all tenants of the common property effect all payments payable under their respective leases or tenancies; To repair, renew and replace any equipment. fixtures and other items and effects of the common property as the Manager may deem necessary from time to time provided that such repair. renewal or replacement shall no exceed the sum ofTsh ------ and . . GN. No. 357 (comd.) .. Unit Titles (j) The Managing Agent shall recommend alterations. additions or improvements of all or some of the units in order to maintain, face-lift or improve their values, economic life or safety. (k) To carry out with the written approval of the Association marketing and letting of the common property; (I) Throughout the term of Management Agreement. to make sure that all units are adequately insured against loss or damage by fire, flood. impact. storm. tempest and other insurable risks as provided under Section 81 of the Unit Act 2008. (m) The Managing Agent shall be the overall supervisor of all contracted service providers such as security guards, gardeners etc. (n) To contract for materials and/or services for the common property with the term of any service contract limited to duration of one (1) year. (0) To maintain the common property, all improvements thereon and all utilities there under. except those maintained by public utility companies. in good. clean. attractive and sanitary order and repair. budget shou Id project all expenses of the Agent for the com i ng year that may be required for She proper operation. management and maintenance of property; (q) to operate all recreatiopal equIpment and facilities located within the common property; (r) to establish and collect special assessments for capital improvements; (s) to file liens against unit owners because of nOI\-payment of assessments duly and to foreclose said liens: (t) to receive complaints regarding violation of association's By- Laws or other instruments for the management and control of the unit property. REMUNERATION 5. The Managing Agent shall be entitled to a professional management fee for the management of the common property amounting to -----p--- % of the gross collectable rents/comparable market rent per month (excJusive of Value Added Tax) for the spaces occupied by tenants or owner occupied area respect i ve ly. 6. the Managing Agent shall be entitled to reimbursement of costs related to such services like telephone. subsistence and transport incurred while on duty long as these are approved by the Association. The receipt of money by either of the parties shall not prevent either of them from questioning the frfl!' .. LU -----p--- /0 UI gross collectable rents/comparable market rent per month (excJusive of Value Added Tax) for the spaces occupied by tenants or owner occupied area respectively. 6. the Managing Agent shall be entitled to reimbursement of costs related to such services like telephone. subsistence and transport incurred while on duty long as these are approved by the Association. The receipt of money by either of the parties shall not prevent either of them from questioning the rnrrprtnpc;:c;: nf in rl"c:nl"r.t of ::tnv money. unit Titles GN. No. 357 (con/d.) ASSIGNMENT 7. The Managing Agent shall not assign this Agreement or its interest herein in whole or in part without first having obtained the Association's written consent such consent not to be unreasonably withheld. INDEMN IFICATION 8. The Association will indemnify and keep indemnified the Managing Agent from and against any and all loss damage ofliability whether criminal or civil suffered by the Agent in the course of conducting the Management of the unit property or part thereof and, resulting from any act of neglect or default of the owners or their agents. c::mp loyees or licensees. 9. The Managing Agent will indemnify and keep indemnified the owners/owner from and against any and alllos5. damage or liability (whether criminal or civil) suffered by the owners/owner on breach of this Agreement by the Agc::nt in respect of an} matter arising from the Management of the common property/unit property GOVERNING LAW 10. This agreement shall be read and construed in accordance with the Laws of the United Republic of Tanzania. FORCE MAJEURE J I. Both parties will be released from their respective obligations in the c::vent of national emergency. war, prohibitive, government Regulations. or any other ; ; u ~ ; e -beyond the reasonable control of the parties renders performance ofthe Agreement impossible whereupon- (a) All money due to the Association shall be paid immediately and" (b) The Managing Agent shall forthwith cease carrying on the Management of the Property. TERMINATION 12. Notwithstanding anything herein contained. this Agreement may be detennined on three (3) months' written notice given by one party In the other if either party fails to comply with any of the terms and conditions of this Agreement and such failure ifcapable of remedy is not remedied within one (I) month after a notice in writing has been served upon it requiring the same to be rectified. The Managing Agent shall forthwith to cease carrying on the Management. ~ 13. Fourteen (14) days prior to the expiry of the Term or fourteen (14) days after the receipt of notice terminating this Agreement the Managing Agent shall furnish to the Association a complete and accurate up-lo-date account of all transactions - - - -- --- .-- - - - ---Q __ _ " -- - - - -c -- - .-- - -- --.---- -- - -- -- - --- -0 - -- -- - --. ----J -- -- .--- ------ - - - _. three (3) months' written notice given by one party lQ the other if either party fails to comply with any of the terms and conditions of this Agreement and such failure ifcapable of remedy is not remedied within one (1) month after a notice in writing has been served upon it requiring the same to be rectified. The Managing Agent shall forthwith to cease carrying on the Management. ~ 13. Fourteen (14) days prior to the expiry of the Term or fourteen (14) days after the receipt of notice terminating this Agreement the Managing Agent shall furnish to the Association a com lete and accurate u -to-date account of all transactions Unit TItles GN. No. 357 (con/d.) DISPUTE RESOLUTION 14. Any dispute or difference other arising between the parties in relation to anything or matter arising under, as a result of or in connection with this Agreement shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators. IN WITNESS: whereof the parties hereto have duly executed these presents in the manner and on the date hereinafter appearing. SEALED with the common seal of The said ------------ And delivered ON THE PRESENCE of us this NAME: ..................................... ........ . SIGNATURE: ..................................... . POSTAL ADDRESS: ............................. . QUALIFICATION: ................................ . NAME: ............................................. . SIGNATURE: ..................................... . POSTAL ADDRESS: ............................. . QUALIFICATION: .......... .. .................... . SEALED with the common seal of The said ------------ And delivered ON THE PRESENCE of us this NAME: ............................................. . SIGNATURE: ..................................... . POSTAL ADDRESS: ........................ '" .. . QUALIFICATION: ................................ . NAME: ............................................. . SIGNATURE: .................................... .. POSTAL ADDRESS: ..... .. ...................... . QUALIFICATION: ..... . ............. , ........ , ... . .:lIUJ .... J-\1 UI'\.c. ; ......... .......................... POSTAL ADDRESS: ................... , ......... . QUALIFICATION: ........................... ... .. . NAME: .................... ... ...................... . SIGNATURE: .................................... .. POSTAL ADDRESS: ............................. . } } Unit ntles GN. No. 357 (conrd.) TWELVETH SCHEDULE (Made under Regulalion J 3(7)) THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (NO. 16 OF 2008) UTF NO II APPLICATION FOR REGISTRATION OF AN ASSOCIATION UNIT TITLE NO . .. ..................... . UNIT PLAN NO . ........................ . To: The Registrar of Titles UWE . .ABC ASSOCIATION of P.O. Box ................................ . ...... . HEREBY apply to be registered as an Association in accordance withSection 3S of the Unit Titles Act and Regulation 13(7) of the said Act. Name ........................ ....................... . Signature ... '" ............... '" ......... '" ...... . Qualification .............. . ....................... .
.' . .,. GN. No. 357 (con/d) / UlJit Titles THIRTEENTH SC THE UNITED .REPUBLIC OF THE UNIT 2008 (NO. J6 OF UTFl'lO 12 CERTIFICATE .OF REGISTRAT10N OF AN UNIT TITLE NO ......................... . UN.!:r .PLAN NQ . ..... ................ 1 HEREBY {:enjfy that . ASSl)CIAT!ON this day as an in with 3S iJ - Given under my ............... .... ...... this ...................... day of. ........................... two ?lnd ............... .. .... .... . of Titles ---== . Unit TItlf!s GN; No. 357 (contd.) FOURTEENTH, SCHEDULE (Made under Section 13(10)) ASSOCIATION BY-lAWS PART I I. The name' of the lS50ciation is ... hereinafter referred to' as the Declaration "association';. These By:ltiWs were duly adopted as the official By-laws of the ; . Association at the memb!rs' meeting held '" ..................... (date). These' iJ9;fi'WS were properly adopted and supersede any and all previous By-laws that the Ass6ciatlon or its predecessor' had previously considered or reliedupori. including. but not Ilmited;t'o identified' and' titlea,ag By .. law5 of ;; ... J .......... Association \'Iith the princIpal' office located at- ...................................... ; .. 2 ... ; . is a Unit' Owners Association' located on' Plot No I Organiza- slock No. .. ' in' the area of . in! Cityl tion being at once/in successive: phases so as to comprise a idtai ' df_, '_ ' _'_' units (herein referre<t t6 as the "Unit' Property" defn'led in Pan 1\ belo,*); Upoti the registration ofthe'unit the management, maintenance, operation. and ad'ministtatiOn ofthe Unit Propeny in the . .......... Association. association as denned in Pan \I below) and' of any persons or legal entities that owri an indfvidual Units in the Unit Propetty (those unit owners. OWners" as defined iii P'art n below). '1 3. All present and future' mortgagees. lessees, at Ofl:!er persons who ComPf-c:e may use'tfie facilities of (he Unit Propefty in my manner shaUl be to and shall comply witii' the pfnvisions or'th'e Acr'. the Unit Plan and: any consequential the' ...... -;-.. : .............. Assoeiation' and any other Unit' documents . that pertain to the use and operation of th ,Hjrt it PfiOtjelfy. the acceptance of a deed of conveyance. the entering'into of a lease, or the' act' a unit in the' Unit Property shall constitute arr aCceptillee of the: terms: of the Unit documents and' an agreement tt)' comply with their provisions. 4. The head' office of the shall be at such place within, t1\e rocality/ Office district as the Management Committee may from time to time: tile mailing address of the the head office unless the Managemen't Committee designates an alternate mailirigaddress and notify all 'unitowners'and other stakehol<Jer's in writing. conveyance. the entering' mto of' a lease, or the' act' of oeeupying a unit in the Unit Property shall constitute aCceptillee of the: terms: of the Unit documents and an agreement tt)' comply with their provisions. 4. The head' office of the shall be at such place within't1\e rocality/ Office district as the Management Committee may determine from time to time: tile mailing address of the the head offi'ceunfess the Managemen't Committee designates an alternate mailirigaddress and notify all 'unitowners'and other stakehol<Jer's in writing. GN. No. 357 (conzd.) Unit Tilles PART II INTERPRETATION Interpreta- 5. In these By-laws unless the context otherwise requires - tion "Act" means the Unit Titles Act, 2008; "Administrator" has the meaning as referred under section 7) of the Act: "Association" or "Association ofowners/co-owners" means the Unit Association that shall administer, operate, manage. and maintain the Unit Property and which shall have all co-owners as members.; "association By-laws" means these By-laws of the ........... Unit Association, organized to administer. operate. manage. and maintain the Unit "certificate of unit title" means a certificate issued under Regulation 6; "Common Property" means any ponion(s) of the unit propeny other than the individual Unit(s), including all general and restricted use common property, as described more fully in the Unit plan; "co-ownerH means the person, firm. Association, corporation, partnership. association, trust, or other legal entity or any combination of such entities who or which own a' unit in the unit property and the term co-owner, wherever used. is synonymous with the term owner; "developer" means a person engaged in the business of developing a Unit Property as provided for in the Act. and includes its successors and assignees who have signed, delivered, and registered the unit plan and other unit
"General Common Property" means those Common areas that are for the use and enjoyment of all co-owners of the Unit Property, as described more fully in the Unit plan; "Managing Agent" means a person referred to under section 49 of the Act; "member" means a co-owner who is entitled to ownership of an individual unit to become a member of Association; the term member. whenever used is synonymous with the terms owner and Co-owner: "register of the units" means a register kept under Regulation 3(1); "Registrar" means a Registrar appointed under section 4 of the Land Registration Act, Cap. 334; "Regulations" means the Regulations made unger the Act; "restricted common property" means those common areas that are reserved for the exclusive use of a co-owner or any other person so allowed by the Management Committee ofa specific unit or units, as described more fully in the Unit plan; "transitional control date" means the date on which the Management Comm ittee for the Association takes office pursuant to an election in which the votes that may be cast by eligible co-owners un affiliated with the developer exceed "Regulations" means the Regulations made unger the Act; "restricted common property" means those common areas that are reserved for the exclusive use of a co-owner or any other person so allowed by the Management Committee ofa specific unit or units, as described more fully in the Unit plan; "transitional control date" means the date on which the Management Comm ittee for the Association takes office pursuant to an election in which the votes that may be cast by eligible co-owners un affiliated with the developer exceed Unit TItles GN. No. 357 (conld.) "unit documents" means the Unit Plan including all exhibits, the Constitution of the Association, the By-laws of the Association and the rules adopted by the Management Committee of the Association, and any other document that affects the rights and obligations of a co-owner in the unit property; "unit property" or "Property" means the land described in the Unit plan, as the same may be amended. together with all structures, improvements, easements, rights, and appurtenances located on or belonging to such property; "unit" means that portion of the unit property that is designed and intended for separate and use by an owner, as described in the unit plan; "Unit Plan" means the document, together with the exhibits attached to it and all amendments that may be adopted in the future, by which the unit property is being submitted and registered for unit ownership under the "Unit Factor" means the unit entitlement ofa unit plan and the indicated share of an owner in the common property, common facilities and other assets of the Association and is the figure which determines the owner's contribution to the common expenses of the Association and may be determined in accordance with the By-laws of the Association using such variables as the size of the unit, location of the unit and the view which the unit commands. ;;-Unit Property Types" means the type of unit property as defined in the Act which includes high rise structures or in rows or terraces, or in buildings in a clusterform and the like structures and the user thereof as more particularly described in the Urban Act 2007 use classes: PARTIn MEMBERSHIP VOTING RIGHTS AND MEETINGS 7.-{ I) Each Co-owner of the unit property. during the period of ownership shall be a member of the Association. and no other or entity will be entitled to membership. (2) For membership purposes. each co-owner shall be treated as a single legal entity regardless of the number or type of legal persons or entities with an ownership interest in any particular Unit. (3) The share of a co-owner in the funds and assets of the Association may . be assigned, pledged. or transferred only as an appurtenance to a Unit. (4) The Secretary of the Association, or the agent of the Association having charge of the membership records of the Association. shall make and certify a complete membership Jist of the co-owners entitled to vote at a membership meeting or any adjoumment. (3) The share ofa co-owner in the funds and assets of the Association may. be assigned, pledged. or transferred only as an appurtenance to a Unit. (4) The Secretary of the Association, or the agent of the Association having charge of the membership records of the Association. shall make and certify a complete membership list of the co-owners entitled to vote at a membership meeting or any adjoumment. Unil nIles GN. No. 357 fcontd.} (5) The list shaH be arranged either alphabetically by name or sequentialJy by address and shall include both the name and address of each co-owner. (6) The list shall be produced at the time and place of the membership meeting. The list may be subject to inspection by any member during the whole time of the meeting, and be prima facie evidence of the members entitled [0 examine the list or vote at the meeting. 8.--( 1) Each CO-owner will be entitled to one vote for each unit owned when Voting voting by number. and one vote when voting by value, the value of which shall be equal to the total of the percentages assigned to the unit or units owned. (2) Voting s,haJl be by number. except in those instances where voting is specifically required in the unit plan or By-laws to be by number and value. (3) No cumulating of votes shall be permitted. (4) A other than the developer, shall neither be entitled to vote at any meeting of the Association nor shall he be entitled to vote prior to the initial meeting of the members of the Association until he has presented a written Certificate of Title for his unit in the unit property. (5)The developer shall be entitled to vote only for those units to which he still holds title and was paying the assessment at the date on which the vote is cast. (6) The person who is entitled to cast the vote for each unit and to receive all notices and other communications from the Association shall be designated by a certificate signed by all the registered owners of a unit and filed with the Secretary of the.Association and that person shall be known as the "Voting Representative" (7) All co-owners shall be required to designate such a Voting Representative and execute a certificate stating the name and address of the !aid individual representative, the number and address of the unit owned. and the name and address of any person or persons, finn. AssoCiation. corporation. partnership. trust, or other legal entity who is an owner of the Unit. (8) The certificate referred to in by-law (7) shall be valid until revoked. or superseded by a subsequent certificate, or until a change has occurred in the ownership of the Unit. \ 11 1\11 co-owners smlll ot! rt!qulrt:u tu Ut:.slglli:lU: .sU\;1I i:l VUlIIIg "ep. C.sCIIli:lLl vc and execute a certificate stating the name and address of the !aid individual representative, the number and address of the unit owned. and the name and address of any person or persons, finn. AssoCiation. corporation. partnership. trust, or other legal entity who is an owner of the Unit. (8) The certificate referred to in by-law (7) shall be valid until revoked. or superseded by a subsequent certificate, or until a change has occurred in the Unit TItles GN. No. 35i (conld) (9) Votes may be cast in person or by proxy. (10) Proxies may be made by any designated Voting Representative who is unable to attend the meeting in person and must be filed with the Association before the appointed time of the meeting. Proxies will be val id on Iy for the particular meeting designated or any adjournment of that meeting. Meetings 9.-{ I) Subject to section 46 of the Act. the initial meeting of the co-owners of the Association may be convened only by the developer and may be called at any time after five or more of the units in the unit property have been sold and the purchasers have qualified as members of the Association (that meeting to be referred to herein as the "Initial Meeting"). (2) I fno event has occurred. the Initial Meeting may be called no later than: (a) 90 days after the conveyance of legal or equitable title to non- developer co-owners of 50 percent ofthe total number of Units that may be created in the unit property: or (b) 180 days after the first conveyance of legal or equitable title to a non-Developerco-ownerofa Unit. whichever first occurs, at which meeting the eligible co-owners may vote for the election of Management Committee of the Association. (3) The Developer may call meetings of the Association for informational or other appropriate purposes prior to the Initial Meeting, but no such informational meeting shall be construed as the Initial Meeting of Members until the Developer specifically notifies the Co-Owners of intent to convene the Initial Meeting. (4) After the Initial Meeting has occurred, an Annual General Meeting ofthe Association (herein referred to as "AGM") shall be held in each year on a date and at a time and place selected by the Management Committe'e of the Association. (5) Special meetings of the Members ofthe Association may be called by the chairperson of the Management Committee, its majority or by the chairperson or secretary of the Management Committee at the written request of not less than 50 percent of the Members. (6) All membership meetings shall be held at the Association's head office or at any other place determ ined by the Management Comm ittee as stated in the notice of the meeting. \,- f ... --. .... - - ... _ "'-J -_ _- ... - chairperson of the Management Committee. its majority or by the chairperson or secretary of the Management Committee at the written request of not less than 50 percent of the Members. (6) All membership meetings shall be held at the Association's head office or at any other place determined by the Management Committee as stated in the notice of the meeting. Unit Titles GN. No. 357 (contd.) I the meeting. Notice shall be mai led or delivered to each co-owner entitled to vote at the meeting. However. not less than 45 days written notice shall be provided to each member for a meeting for any proposed amendment to these By-laws or to any other registered Unit Documents. (8) The presence in person or by proxy of 50 percent of the co-owners entitled to vote shall constitute a quor'um of members. The written vote of any co-owner furnished at or prior to a meeting, at which meeting such co-owner is not otherwise present in person or by representative or, in either case, by proxy, shall be counted in determining the presence of a quorum with respect to the question upon which the vote is cast. (9) At any meeting of co-owners at which a quorum is present, 51 percent of the co-owners entitled to vote and present in person or by proxy (or written vote. if applicable). shal1 constitute a majority for the approval of the matters presented to the meeting, except in those instances in which a majority exceeding a simple majority is required by these By-laws, the unit plan. or by law. PART IV OPERATIONS AND ADMINISTRATION OF THE ASSOCLATION "10. The business, property, and affairs of the Association shall be managed by the Management Committee members to be elected in the manner described in these By-laws; provided, that the Committee members designated in the Association shall serve until such time as their successors have been duly elected and qualified at the Annual General Meeting of co-owners. 11. The composition of the Management Committee shall be not less than three nor more than seven members, as shall be fixed from time to time by a majority vote of the co-owners; provided that these requirements shall be binding only on and after the transitional control date. 12.-{ I) The Members of the Management Committee shall Qe elected by the co-owners at the annual General Meeting. (2) All actions of the first Committee designated in the constitution or any successors to such committee members appointed by the developcr prior to the Initial Meeting of co-owners shall be binding upon the Association in the same manner as any action authorized by Management Committee elected by the members of the Association, so long as such actions are within the scope of __ aa. _____ ...l .J __ .. __ .. L_ .. ____ _ L ____ ___ : __ .J L __ .. L _____ : ..... __ .......... ____ .:.l_ ..... C ..... _!_ 12.-{ I) The Members ofthe Management Committee shall Qe elected by the co-owners at the annual General Meeting. (2) All actions of the first Committee designated in the constitution or any successors to such committee members appointed by the developcr prior to the I nitial Meeting of co-owners shall be binding upon the Association in the same manner as any action authorized by Management Committee elected by the members of the Association, so long as such actions are within the scope of Manage- ment Council Composi- tion of the Committee Election of Manage- ment Committee Members Election of Manage- ment Committee Members Unit Titles GN. No. 357 (coned.) Manage- ment AgJeemems with the Developer and Affiliates Committee vacancies Tenure Resignation Removal
Removal
the unit documents. (2) All actions of the first committee designated in the constitution or any successors to such committee members appointed by the developer prior to the Initial Meeting of co-owners shall be binding upon the Association in the same manner as any action authorized by Management Committee elected by the members of the Association, so long as such actions are within the scope of powers and duties that may be exercised by the committee, as provided for in the unit documents. J 3. Any service contract or management agreement entered into between the Association and the Developer or affiliates of the Developer shall be voidable without cause by the Committee on the transitional control date or within 90 days after the initial meeting has been held. and on 30 days' notice at any time thereafter fer cause. 14.-( 1) A vacancy on the Committee may be filled with a person elected by a majority ofthe remaining members of the Committee. even though there may be less than a quorum of the Management Committee members, and a person so elected shall be a Committee member for a term of office from the date of Committee approval continuing until the next election of Committee members by the co-owners/owners. (2) A vacancy of the Committee may also be filled at the next election of Committee members by the co-owners so long as any such vacancy does not preclude quorum by the Committee. 15. Management Committee members shall be eJected at each Annual General Meeting to hold office until the next annual meeting and until the member successor is elected. or until the Committee member death. resignation. incapacitation or removal. 16. A committee member may resign at anytime by providing written notice to the Secretary of the Association. The notice of resignation will be effective upon receipt or at a later time designated in the notice. A successor shall be appointed as provided for in by - law 14. 17. Any Committee member may be removed for a good cause by a majority vote of the co-owners of the Association entitled to vote at an election of Committee members. 18.-( 1) The By-Jaws shall provide the designation. terms of office. aualifications. manner of election. duties. removal. and reolacement of officers upon receipt or at a later time designated in the notice. A successor shall be appointed as provided for in by - law 14. 17. Any Committee member may be removed for a good cause by a majority vote of the co-owners of the Association entitled to vote at an election of Committee members. 18.-( 1) The By-Jaws shall provide the designation. terms of office. Unit TItles GN. No. 357 (contd) of the Association not inconsistent with these By-laws. The officer of the Association shall be Chairman, Secretary, and Treasurer. 19. The officers of the Association shall be elected from among the Comm ittee during the Annual General Meeting. 20.- ( I ) The Chairman shall be a voting member of the Comm ittee. (2) Each officer shall be a member of the Association in good standing. (3) Each officer shall hold office for the tenn appointed until a successor is appointed and may resign at any time by providing written notice to the Association. (4) The notice of resignation shall be effective upon its receipt or at a later time designated in the notice. (5) An officer appointed by the Management Committee may be removed with good cause by vote of a majority of the Committee. The removal shall be without prejudice to the person's contract rights. if any. Appointment to an office does not in itself create contract rights. (6) A vacancy in any office for any reason may be filled by the Management Committee. (7) Oflicers may be compensated, but only upon the affinnative vote of 60 percent or more of all co-owners. 21.-( I) The Chairman shall be the Chief Executive Officer of the Association and shall have authority over the general control and management of the business and affairs of the Association. (2) Without prejudice to the generality of sub-law (1) the Chairman shall: (a) appoint or discharge employees, agents, or independeAt contractors, to their duties. and to fix their compensatiOn; (b) sign all Association documents and agreements on behalf of the Association, unless the Chairman or the Management Committee instructs that the signing be done with or by some other officer. agent. or employee; and (c) see that all actions taken by the Management Committee are executed and other duties incidental to the office are performed. "IU1VUL Pl\;JUU1\..1;; LV un,; 15\..II"'IClIU] VI ,",UV-I"" \.,"'.'-' "" ...................... . (a) appoint or discharge employees, agents, or independeAt contractors, to their duties. and to fix their compensatiOn; (b) sign all Association documents and agreements on behalf of the Association, unless the Chairman or the Management Committee instructs that the signing be done with or by some other officer. agent. or employee; and (c) see that all actions taken by the Management Committee are PlCp.r.llted lmd other dutie!\ incidental to the office are oerformed. Election QualifIca- tion Duties of the Chairman Unit Titles GN. No. 357 (coned.) Dutit:s of the Secretar)' Duties of the Treasurer Assodation docuITlent procedure Powers imd duties of .
in'e'nt Committee 01 .
in'e'nt Committee Provided that the Management Committee may by discretion delegate any of the above functions to any other officer of the Association or Managing Agent: 22. The duties of the Secretary shall be: (a) to keep minutes of committee . (b) responsible for providing notice to each Co-Owner as required by law. these By-laws or any other Unit Document (c) the custodian of Association's records; (d) to keep a register of the names and addresses of each Co-Owner. officer, committee member and Managing Agent; and (e) to perform all duties incidental to the office and other duties assigned by the Chairman or the Management Committee. 23. The duties of the Treasurer shall: (a) have charge and custody over Association's funds and securities; (b) keep accurate books of accounts and records of the Association's receipts and disbursements; (c) deposit all moneys and securities received by the Association to such depositories in the Association's name that may be designated by the Committee; (d) complete all required Association's returns; and (e) perform all duties incidental to the office and other duties assigned by the Chairman or the Committee including preparation of audit report annual budget and like duties. 24. All Association documents (including shares, bonds. agreements, insurance and annuity contracts, qualified and non qualified. deferred compensation plans. cheques. notes. disbursements, loans, and other debt obligations) shall not be signed by any officer, designated agent, or attorney unless authorized by the committee or by these By-laws. 25.-(1) The Management Committee shall have all powers and duties necessary for the administration ofthe affairs of the Association. and may take any action in support ofthis obl.igation of administration so long as such aotion is not prohibited by the unit plan. these By-laws. the Act or any other Law. (2) Without prejudice the generality of sub-section (1) the powers and duties of the Management Committee shall include. but not limited to the following: (a) care. upkeep. and maintenance of the Common Property: (b) developments of an Annual Budget and collection of any .. ..... J AUt ..... """ ... .I ..... ..J .. IU .. IV Vi .... "" UIIUU..J VI ......... T ... ..... IU ... "".IU ....... J "u.no.""" any action in support of this obl.igation of administration so long as such aotion is not prohibited by the unit plan. these By-laws. the Act or any other Law. (2) Wlthout prejudice the generality of sub-section (1) the powers and duties of the Management Committee shall include. but not limited to the following: (a) care. upkeep, and maintenance of the Common Property: (b) develooments of an Annual Budl!et and collection of anv i l Ul1i1 Titles GN. No. 357 (conld.) (c) employment and dismissal of c::ontractors and personnel as necessary for the efficient management and operation of the uhit property: . (d) adoption and amendment of By-laws. consistent with the Regulations and the Act. other laws g'lyeming tpe use of the unit propeny; . (e) opening bank accounts, borrowing money. and issuing evidences of indebtedness in furtherance of the purposes of the Association, apd designating signatories required for such purpose; (f) keeping books of accounts and records containing expenses and receipts of administration. specifying the maintenance and repair expenses of the common property (jnd any other expenses incurred by or on behalf of the Association and its members. Such accounts shall be open for inspection by the co-owners and their mortgagees during reasonable hours: (g) prepare and distribute a l financial statement to each co-owner at least once a year, the contents of which will be defined by the Association. The books and records shall be reviewed annualJy . and audited at such times as required by the Committee members by qualified independent accountants. The cost 'of suc;h an annual review or audit shall be at the cost of the Association; (h) obtaining insurance for the common property, the premiu'ms of which shall be an expense of Association; (i) gra!lting licenses for the use of the common property for purposes not inconsistent with the .provisions of the Act or of the unit documents; 0) authorizing the execution of contracts, deeds of conveyance. easements, and rights-of-way affecting any real or personal property of the Unit Property on behalfofthe co-owners; (k) making repairs, additions, and improvements to, or alterations of, the Common property, and repairs to and restoration of the common property after damage or destruction by fire or other casualty, or as a result of condemnation or land acquisition proceedings under the relevant laws; . (I) asserting, defending, or settling claims on behalf of all co-owners in connection with the common property of the unit property and, upon written notice to all co-owners, instituting actions on behalf of and against the co-owners in the name of the Association: and (m) such further duties as may be impoied by resolution of the co- owners of the Association or that may be required by the 26. The ManaQement Committee mav emolov a Mana2in2A2ent as orovided relevant laws; . (I) asserting, defending, or settling claims on behalf of all co-owners in connection with the common property of the unit property and, upon written notice to all co-owners, instituting actions on behalf of and against the co-owners in the name of the Association: and (m) such further duties as may be impoied by resolution of the co- owners of the Association or that may be required by the ","\L. TL ....... .1 ________ .. ,,-, ___ : ... __ ............. , _____ 1_.,,, "'''nn''n: .... n A .... Managing Manae.ine.
Unit Titles GN. No. 357 (conld.) General Funds Determina- tion of Asscssrnent5 Financial Year Routine Collections Default on Payment perform such duties and services as the committee shall authorize, including, but not limited to the powers and duties described under by-law 25. PART V FINANCE 27.-( 1 ) The Association shall establ ish a fund or funds for the general administration of the association as provided in section 59 of the Act. (2) The Association shall establish and maintain a fund to be known as the Sinking Fund. to be used for major repair and replacement of common property as provided for under sections 60 and 61 of the Act. 28. Assessments shall be determined by the Management Committee. (2) The annual assessment to be levied against each unit in the unit property shall be determined on the basis of the Annual Budget and shall be equal to an amount necessary to meet the obligations of the Annual Budget. (3) The Annual Assessment shall be apportioned in a manner consistent with these By-laws. 29.-{ 1) The financial year of the Association shall begin on the ............ day of ........... of every year. (2) The commencement date of the fiscal year herein established shall be subject to change by the Annual General Meeting. 30. All monthly installments of the annual assessment shall be due and payable in advance on the first day of the month ("due date"). 31. -( I) Each co-owner shall be obligated to make payment of all assessments levied upoo the co-owner's Unit during the time that the person is the co-owner of the unit. (2) No co-owner may be exempted from liability for the co-owner's contribution toward the expenses of administration by waiver of the use or enjoyment of any of the Common Property, or by the abandonment of a unit. Obligation 32. The payment of an assessment shall be in default if the assessment, or any part, is not received by the Association in full on or before the due date for such payment established by the By-laws of the Association. __ ..... __ ...... w (2) No co-owner may be exempted from liability for the co-owner's contribution toward the expenses of administration by waiver of the use or enjoyment of any of the Common Property. or by the abandonment of a unit. Obligation 32. The payment of an assessment shall be in default if the assessment, or any part, is not received by the Association in full on or before the due date for such payment established by the By-laws of the Association. Unit Titles GN. No. 357 (conld.) 33. In the event of default by any Co-Owner in paying any periodic payment of an assessment, the committee may: (a) declare all unpaid installments of any assessment for the pertinent financial year to be immediately due and payable; and (b) may impose reasonable penalty on delayed payments and interest the commercial rate upon such assessment. 34. In the event of default, the following shall constitute a lien orr'the unit prior to all other liens, except tax liens in favor of the government or taxing authority and S4mS unpaid upon a mortgage registered prior to the registration of any notice of lien by the Association, unpaid assessments, together with interest on the unpaid assessments, collection charges, and late advances made by the Association for taxes or other liens to protect its lien; attorney fees: and any other fines imposed in accordance with the unit documents, . 35. The Association may impose fines upon a co-owner for failure to comply with any of the terms or provisions of the unit documents so long as the Association provides notice to the co-owner to show cause. 36. Failure to comply with any of the tenns or provisions ofthe unit documents shall entitle the Association to enforce the collection of all sums due for damages in a suit at law for a money judgment or in equity for injunctive relief or sale of the liens securing payment of any assessment in default, as provided by section 63 of the Act. In any action arising out of an alleged default by a co-owner. the Association shall be entitled to recover reasonable costs and attorney fees as detennined by the court. 37. The Association shall. on its own and on behalf of the owners. obtain and maintain an insurance policy covering the units and common properties as provided under section 81 of the Act. PART VI ENJOYMENT, USE AND UPKEEP OF PRIVATE AND COMMON PROPERTY 38. -( 1) Every co-owner shall have a right of enjoyment of the private unit. private common property. general common property and appurtenant to unit property. (2) Every co-owner shall pass with the title to e .... ery unit subject to the following- . tn IICP hie: IInit thp fl)t" nw.n np{;4c;.;I" well as ENJOYMENT, USE AND UPKEEP OF PRIVATE AND LOMMON t"ROPE 38. -( 1) Every co-owner shall have a right of enjoyment of the private unit. private common property. general common property and appurtenant to unit property. (2) Every co-owner shall pass with the title to e .... ery unit subject to the following- " _ . . ,.'- ____ ____ __ . __ _ ___ r __ L! ____ _____ .J ___ _II __ Legal Remedies. for Default Lien Fines Enforce- ment Insurance Co- owner:> rights of enjoyment and obligations Co- owner:> rights of enjoyment and obligations Unil Title,')
GN. No. 357 (can/d.) Obligation of co- owner Nuisance or annoyance Nuisance or annoyance and licensees for access in anci out of the respective Units, and for other purpose!) incidental to the use of (b) without the approval of the association or any other co-owner, to transfer his unit to any other person by sale, lease, gift, bequest, devise, pledge or mortgage or any other manner permitted by law; (c) to participate in the management ofthe association in accordance with the provisions of these (d) to elect and be elected to the association 's Management Committee; (e) a co-owner who suffers prejudice by the carrying out of work, through a permanem diminution in the value of his unit, a grave disturbance or deterioration of enjoyment, even if temporary. is entitled to compensation from: (i) the Association, if the Association ordered the work: or (ii) if it did not, from the co-owners who did the work. (t)to have and exercise other rights that do not contradict with the provisions of the Act and any other \vrinen law. 39.-(1) Each Co-owner shall be obliged (a) to observe the By-laws; (b) to contribute to costs of maintaining and operating the pror:erty, including the contingency fund, in proportion to his fi actional share: (c) for co-owner who uses common areas for restricted Llse shall contribute to the coasts resulting for those portions; (d) even in his unit , he shall not interfere with the carrying out of work required for the conservation of the property approved by the Association or ofurgem work. 40 .. -( I) A unit owner must not use the unit, or permit it to be used, in a way thf,lt causes a nuisance or substantial annoyance to an owner or occupier or user of another unit. (2) The provisions of sub-by-Iaw (1 )shall not appJy to use of a unit if the Management Committee has given an owner, occupier or user of the unit written permission for that purpose. ASSOCiation or or urgent work. 40 .. -( I) A unit owner must not use the unit, or permit it to be used, in a way thf,lt causes a nuisance or substantial.annoyance to an owner or occupier or user of another unit. (2) The provisions of sub-by-Iaw (1 )shall not appJy to use of a unit if the Management Committee has given an owner, occupier or user of t.he unit \.vriltpn nprm i<:<:irll1 fAr th ::l t nllrnA<:r- Unit TIlles . GN. No. 357 (contd.). (3) Permission may be given subject to stated conditions. (4) Permission may be withdrawn by special resolution of the Association .. 4).-{ I) A unit owner shall not make, or permit to be made such a noise within Noise the unit in the circumstances likely to cause substantial annoyance to an owner, occupier or user of another un it. (2) The provisions ofsub-by-Iaw(l) shall not apply to the makingofa noise if the Management Committee has given the person responsible for making the noise written permission to do so. (3) Permission may be given subject to stated conditions. -.(4) . Permission may be withdrawn by special resolution of the Association. 42.-( I) A unit owner shall not keep. or permit to keep, any animal or bird within the unit or on the common property. (2) The provisions of sub-by law (l) shall not apply to the keeping of an animal or bird if the Management Committee has given the person keeping the animal written permission to do so. (3) Permission may be given subject to stated conditions. (4) Permission may be withdrawn by special resolution of the Association. 43. A unit ownrr shall not use a unit, or permit it to be u s ~ to contravene any written law. 44. A co-owner shall not use, or permit any occupant, agent, tenant. invitee, guest, or memberofthe co-owner's family to use firearms, air rifles, guns, bows and arrows, illegal fireworks or other dangerous weapons or devices anywhere on or about the property. 45.-{ I) Drive ways shall remain clear at all times to facilitate access among all Co-Owners to their individual garage units and there shall be no stopping, standing or parking in the drive ways and general parking at any time. (2) The drive ways shall not be used for any purpose other than access to the individual garage units or parking lots without the prior written pennission on or about the property. 45.-{ I) Drive ways shall remain clear at all times to facilitate access among all Co-Owners to their individual garage units and there shall be no stopping, standing or parking in the drive ways and general parking at any time. (2) The drive ways shall not be used for any purpose other than access to the individual garage units or parking lots without the prior written pennission Animals and birds: Illegal use of unit Firearms and Weapons Drive ways, general parking areas and lots Drive ways, general parking areas and lots Unit Titles GN. No. 357 (con/d.) Use of common areas Fire Safety (3) Any vehicle, whether owned by a co-owner or another individual, shall be subject to the towing policy of the Association as determined from time to time by the Association or its managing agent. (4) The Association and its managing agent shall not be liable for any costs or expenses incurred as a result of an illegally parked vehicle removed from the premises. (5) No commercial vehicles, heavy duty tracks or trailers shall be parked or stored anywhere within the property without the prior written approval of the Association. (6) No maintenance or repair shall be performed on any kind of vehicle. except within a garage or residence where such work shall be isolated from public view. (7) If at any time the Association is able to provide additional parking in excess of the individual garage spaces appurtenant to each Unit. then the Association will propose a written parking policy for such additional parking to be adopred by majority vote of the Association .. 46. The common areas shall be for the quiet use of co -owners. family members, occupants. guests and invitees. For any prior planned gatheringin the common areas, the host co-owner shall first receive written perm ission to use the common areas from the association. At all times. use ofthe common areas shall adhere to a quiet time policy where no noise that may disturb any occupants of any of the other Units shall emanate from the common areas. The Association reserves the right to impose reasonable user fees for use of the common areas and any furniture or equipment located therein. 47.-( I) Each co-owner shall abide by the general fire safety Regulations and precautions issued by local authorities. (2) No co-owner shall knowingly pennit any fire to' ignite or spread so as to endanger the life or property of another, nor operate any device which may be a source of ignition unless reasonable precautions are taken to ensure against l ~ starting and spreading of unfriendly f i r s ~ (3) No co-owner shall deliberately, or through carelessness or negligence. set fire to or cause the burning of any material in such manner as to endanger the safety of any person or property: (2) No co-owner shall knowingly penn it any fire to' ignite or spread so as to endanger the life or property of another, nor operate any device which may be a source of ignition unless reasonable precautions are taken to ensure against l ~ starting and spreading of unfriendly f i r s ~ (3) No co-owner shall deliberately, or through carelessness or negligence. set fire to or cause the burning of any material in such manner as to endanger the safety of any person or property: Unit Titles GN. No. 357 (comd.) 48.-{ 1) A co-owner or,nc,c.upier ofa unit in a multi-storey subdivided building provided with chutes for the disppsal of waste shall: (a) ensure that before any waste is thr.own into the chutes it is securely wrapped in plastic bags or other materials; and (b) not dispose of any large objects into which may obstruct ,the fall of waste in the chutes .. (2) A co-owner or occupier ofa unit which is not provided with chute for the disposal of waste-:- (a) shall maintain within his unit, oron sHch part of the common property. as may be authorized by the Management Committee, in clean and dry condition, an adequately covered garbage bin for the disposal of waste; (b) shall ensure that before waste is placed in the garbage bin it is securely wrapped or, in the case of tins or other containers. drained; (c) shall not place any waste in the garbage bin of the Co-owner or occupier of any unit except with the permission of that Co- owner or occupier: (d) shall promptly remove any waste which he or the waste collector may have spilled from the garbage bin and sha] I take such actic,n as may be necessary to clean the area within which that waste was so spilied. (3) A co-owner or 9GCupier of a unit shall not deposit or throw upon the common property any rubbish, dust or other material likely to interfere with the peaceful enjoYJl1ent of the co-owner or occupier of another unit or of any person lawfully using the common propeny. 49. The premises shall not be occupied by any person other than those regi.stered as occupants. Any change in occupancy shall be notified in writing to the Association as provided under Section 52 of the Act. 50. No signs"billb(?ards or other advertising devices that are visibie from the exterior of the Unit or from the common property shall be displayeq on any Unit permJssion from provided that a professionally 49. The premises shall not be occupied by any person other than those regi.stered as occupants. Any change in occupancy shall be notified in writing to the Association as provided under Section 52 of the Act. 50. No signs"billb(?ards or other advertising devices that are visibie from the exterior of the Unit or from the common property shall be displayeq on any Unit without written perm ission from the Association provided that a professionally Waste Collection and Disposal Occupancy limitations Signs and Billboards Signs and Billboards Unit Titles GN. No. 357 (coned.) Incidental Rights of owners of Common Propt!Tty: East!mellls in favor of Unit OWlicr larger than one square meter in size, maybe used for the purpose of advertising a unit for sale or letting. 51. Each owner of a unit shall have in Common Property and each un:t comprised in a registcred unit plan rights of- (a) support, shelter and protection; (b) passage or provision of water, sewage, drainage. gas, electricity, telecommunication, garbage and air; and (c) any other service of whatevcr nature, over the common property and every structure on it as may be necessary for the reasonablt use or enjoyment of the common property or un it. (2) Each owner of a unit shall have in comnion property and each unit comprised in a unit plan and appurtenant to it: (a) a right to full. free and uninterrupted access; and (b) use oftight through or from any windows. doors or other apertures existing at the date of registration of the u.nit. (3) The rights created by these By-laws shall carry with them all ancillary rights necessary to make them effective as if they were easements. (4) Nothing in these By-laws shall any common property other than the common property to which the unit plan relates. 52.-{ I) After the registration ofa unit plan, there shall be implied in favour of each unit shown on the plan and as appurtenant of the unit- (a) an easement of the subjacent and lateral support of the unit by the common property and by every other unit capable of affording support: (b) an easement for the shelter of the unit by the common property and by every other unit capable of affording shelter: (c) for the passage or provision of water, sewerc.ge, drainage, gas, electricity. f!arbage. artificiallv heated or cooled air and other (a) an easement of the subjacent and lateral support ot the Untt by the common property and by every other unit capable of affording support: (b) an easement for the shelter of the unit by the common property and by every other unit capable of affording shelter: (c) for the passage or provision of water, sewerc.ge, drainage, gas, p lprrrir;nl ::Irtitiri::lllv hp::Itpr1 or r.oolpri :mti olhf'r Unit TItles GN. No. 357 (contd.) or by means of any pipes. wires. cables or ducts for the time be i ng existing within the unit as appurtenant to the common property and also to every other unit capable of enjoying those easements; and (d) any other such rights as provided for under the Act and Land Act. (2) Where an easement is implied by these By-laws. the owner of any utility service providing a service to the common property or to any unit on it. shall be entitled to the benefit of any of the easements which are appropriate to the provision of the services. but not to the exclusion of the owner of any other utility services. 53.-{ I) Easements or restrictions to ancillary rights and obligations to use implied or created by the Act or by these By-laws shall take effect and be enforceable without any memorial notification on the parts of the Register constituting titles to the dominant or servient tenements. (2) All ancillary rights and obligations reasonably necessary to make easements effective shall apply in respect of easements implied by the Act, including the right of an owner of a dominant tenement to enter a servient tenement and replace. renew or restore anything from which the dominant tenement is entitled to benefit. 54. An Association may, if its By-laws permit. grant a lease to an owner permitting the owner exclusive use ofa part of the common property. 55.-(1) Subject to the provisions of the registered unit plan. any mortgage encumbering a unit, and other provisions of law, a co-owner may: (a) make improvements or alterations to his unit that do not damage or impair the common areas or any other unit; (b) not change the appearance of the common areas. or the exterior appearance ofa unit such as fencing wall, doors, windows. external wall. swimming pool. sheds or any other portion of the property, without permission of the Association; (2) After acquiring all or section of an adjoining unit. the co-owner may- (a) remove. alter or create apertures in any intervening partition if thQ-C>.eacts do not imnair the stl)Jctural integrity or mechanical (b) not change the appearance of the common areas. or the exterior appearance ofa unit such as fencing wall, doors, windows, external wall. swimming pool. sheds or any other portion of the property, without permission of the Association; (2) After acquiring all or section of an adjoining unit. the co-owner may- (a) remove, alter or create apertures in any intervening partition if Implied e s e m e n t ~ in favour of UOIt owner Exclusive use of common properl) Physical alterations of units Unit ntles GN. No. 357 (contd.) Physical alterations of boundaries Aerials, Antennas and Broad- casting! Receiv- ing Devices Landsca- ping and site works Disposition Sale of Units Notice to Association Disposition Sale of Units Notice to Association (b) relocate the boundaries between adjoining units, combine two or more units or subdivide an existing unit into two or more portions by an amendment to the declaration upon approve of the Association and the co-owners of any affected units. 56. At the expense of the Co-owners applying for relocation of boundaries, combination or subdivision of units. the fractional shares will be reallocated among co-owners as necessary and the Association will prepare and register necessary amendments to the declaration to show the subdivided unit or altered 4 boundaries between adjoining units, their dimensions, identifying numbers, and the amendments to the fractional shares of such units. 57. A Co-owner may install the above devices for use within the co-owner's unit, subject to reasonable prior written approval by the Association. To the extent required by any law in force, the Association's Regulations shall not unreasonably impair a co-owner's installation, maintenance. or use of such devices. However. the Association reserves the right to restrict the location, size. appearance, colour, screening, and any other reasonable elements the Association deems appropriate. 58. Hedges planted along the boundary lines must be maintained at the height not exceeding __________ meters: shrubs growing over _____ meters; trees growing over meters. All gardens, lawns and flower beds must be maintained in an aesthetically pleasant manner. (2) Safety and spot lighting shall notbe localized, unless approved by the Management Comm ittee. (3) Ponds and fountains must be maintained in a sanitary manner. PART VII DISPOSITION 59. Disposition ofa Unit, Unit Property or Common Property shall include but not limited to sale. mortgage, inheritance and lease. 60. Procedures for sale of any unit property shall be as provided under section 30 of the Act and Regulations made under the Act. 61. Any co-owner who mortgages a unit (referenced in this Part as a "Mortgagor") shall notify the Association of the name and address of the 59. Disposition ofa Unit, Unit Property or Common Property shall include but not limited to sale. mortgage, inheritance and lease. 60. Procedures for sale of any unit property shall be as provided under section 30 of the Act and Regulations made under the Act. 61. Any co-owner who mortgages a unit (referenced in this Part as a "Mortgagor") shall notify the Association of the name ::Inn ::InnrE''''''' nf thp Unit Titles GN. No. 357 (contd.) 62. Mortgagee shall have right as provided under section 34 of the Act. Rights 'of Mortgagees 63 If a co-owner dies and under the applicable law the co-owner's unit or Inheritance any interest therein is subject to a probate proceeding, then during a period of three months after appointment of a personal representative of the deceased co-owner, the Association shall the first right, at its option if the unit is offered for sale. to purchase the Unit either from the devisee named in the deceased co-owner's will. ifany, or from the appointed personal representative of such deceased co-owner who is empowered or authorized to sell the Unit. 64.-( 1) The owner of a unit shall: with in seven days after a tenant begins to Lease rent his unit. give the Association notice in writing stating the name of the tenant occupying his unit and such other particulars as provided in these By- laws. (2) The owner of the unit shall, within seven days after a tenant ceases to rent his unit, give the Association notice in writing stating that his unit is no longer being rer.Tf!d. PART VIII DISPUTE SETTLEMENT 65.-( I) Any dispute. claim, or grievance arising out of or relating to the interpretation or application of the unit documents or arising out of disputes among or between co-,owners or developers. shall be submitted to mediation in written notice to the Association. (2) Unless there is an election to mediate pursuant to these By-laws or to petition a court, a dispute or question as to whether a violation of any specific Regulation or contained in these by-laws has occurred shall be submitted to the association; which shall conduct a hearing and deliver a decision in writing. Such a decision shall be binding upon all co-owners and other parties having an interest in the unit property. PART IX GENERAL PROVISIONS 66.-( I) Every management committee member of the Association shall be indemnified by the Association aj!ainst all expenses and liabilities. including decision in wrIting. Such a decisIOn shall be binding upon all co-owners and other parties having an interest in the unit property. PART IX GENERAL PROVISIONS 66.-( I) Every management committee member of the Association shall be indemnified nv the Association apainst all exnen,\e,\ and liahilitie'\ inc.hldinJ1 Dispute settlement Indemnifi cation of Indemnifi cation of Unit Titles GN. No. 357 (contd.) Taxes. rates, charges and levies Awlicability of use and occupancy restrictions Awlicability of use and occupancy restrictions completed action. suit or proceeding, whether civil, criminal, administrative, or investigative and whether fonnal or infonnal, to which he or she may be a party or in which he or she may become involved by reason of his or her being or having been a member of the Association, whether or not he or she was a member at the time such expenses were incurred, except as otherwise prohibited bylaw. (2) The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which a Committee Member or officer may be entitled. 67.-( I) The Association may amend these By-Laws at any time, as long as it is consistent with the design, scheme and purposes of these By-laws, by the vote or written agreement of the co-owners to whom not less that seventy-five percent of all of the votes in the Association accept the amendment. (2) No such agreement to amend, in whole or in part, shall be effective unless written notice of the proposed amendment is sent to every Member at least thirty five days in advance of any action taken, and (3) No such amendment shall be effective with respect to any pennanent easements or other pennanent rights or interests relating to the Common property unless such amendment is consented to in writing by Management Committee and all other beneficiaries of such pennanent easements, rights of interests (4) No amendment of these By-laws shall be effective unless registered by Registrar. 68. Every co-owner ofa unit shall be liable for any rate, charge or tax levied by a relevant authority in relation to each respective unit property. (2) The Association shall be liable to any rate, charge or tax levied by a relevant authority in relation to the common property. 69.-( I) All provisions of the unit plan, these By-laws, including but not limited to this Part, and any rules or Regulations adopted by the Association which apply to any co-owner shall also apply to all occupants, family members, guests. invitees, agents or tenants of any co-owner or individual Unit. (2) Each co-owner shall cause all occupants. family members, guests, invitees. a!e]lt,s or tenants of the co-owner to comnlv .. with the Unit Plan_ the Rv-Ia.ws relevant authority in relation to the common property. 69.-( I) All provisions of the unit plan, these By-laws, including but not limited to this Part, and any rules or Regulations adopted by the Association which apply to any co-owner shall also apply to all occupants, family members, guests. invitees, agents or tenants of any co-owner or individual Unit. Unit Titles GN. No. 357 (contd.) for all violations and losses to the common property or individual unit caused by such occupants, family members. guests, invitees, agents or t.enants, notwithstanding the fact that such occupants, family members, guests. invitees, agents or tenants may be individually liable for any violations of the unit plan, By-laws or any other unit documents. FIFTEENTH SCHEDULE (Made under Regulation 14)(2) MODE CONSTITUTION THE CONSTITUTION OF .............. ASSOCIATION PREAMBLE WHREAS, the Government of Tanzania has felt the need to enact the Legislation setting out rules on the procedure to manage and regulate division ofbuildings into units. clusters, blocks and sections, owned individually or in common use for a purpose of promoting efficient and effective use oflanded property markets in Tanzania; and AND WHEREAS the homeowners/co-owners having in mind the foregoing, have seen the need and agreed to form an association which shall be delegated and assigned the powers and duties of maintaining and administering and enforcing them within covenants restrictions, easements and charges set forms, each and all ofwhich is and are for the benefit of the said property the subsequent owners thereof; AND WHEREAS, the Co-owners have unanimously declared and agreed to be formed into ................... Association, as a non-profit organization for the purpose of carrying out the powers and duties aforesaid; and AND WHEREAS, best development takes place in a peaceful atmosphere, it is hoped that. ....................... Association shall create and act as a basis for peace, all UI WIIl\,;1I ~ allu au; lUI me; ut::ue;lll UI me; ::iClIU prupe;ny lilt: ::iUost:ljut:n( uwnt:rs thereof; AND WHEREAS, the Co-owners have unanimously declared and agreed to be formed into ................... Association, as a non-profit organization for the purpose of carrying out the powers and duties aforesaid; and AND WHEREAS, best development takes place in a peaceful atmosphere, it is Unit Titles GN. No. 357 (contd.) Interpreta- tion PART 1 PRELIMINARY PROVISIONS 1. This Constitution may be cited as the .............................. Association. 2. [n this Constitution, unless the context otherwise requires: "Act" means the Unit Titles Act. "Administrator" has the meaning as referred under section 71 of the Act: "Association" or "Association of owners/co-owners" means the .. Unit Association that shall administer, operate, manage, and maintain the Unit Property and which shall have all co-owners as members: aassociation By-laws" means the By-bws of the ... Unit Association. organized to administer. operate, manage, and maintain the Unit Propeny; "common Property" means any portion(s) of the Unit Property other than the individual Unit(s), including all general and restricted use common propeny, as described more fully in the Unit plan: "Certificate of unit title" means a cenificate issued under Reguiation 6: "co-owner" means the person, firm, Association, corporation, partnership, association. trust, or other legal entity or any combination of such entities who or which own a unit in the unit property and the term co-owner. wherever used, is synonymous with the term owner; "developer" means a person engaged in the business of developing a unit property as provided for in the Act, and includes its successors and assignees who have signed. delivered. and registered the unit plan and other unit
"general common property" means those common areas that are for the use and enjoyment of all co-owners of the Unit Property. as described more fully in the Unit plan; "Managing Agent" means a person referred to under section 49 of the Act; "member" means a co-owner who is entitled to ownership of an individual Unit to become a memberoftheAssociation. The term Member. wherever used, is synonymous with the terms owner and co-ownen "restricted common property" means those commoll'areas that are reserved for the exclusi ve use of a co-owner or any other person so allowed by the Management Comm ittee ofa specific unit or units, as described more fully in the un it plan; "Regulations" means the Regulations made under the Act; "register of units" means a register kept under Regulation 3( I); "Registrar" means Registrar appointed under section 4 of the Land Registration Artr::1n11L1 ' -_ .. _- - .-- synonymous with the terms owner and co-ownen "restricted common property" means those commoll'areas that are reserved for the exclusive use of a co-owner or any other person so allowed by the Management Comm ittee ofa specific unit or units, as described more fully in the unit plan; "Regulations" means the Regulations made under the Act; "register of units" means a register kept under Regulation 3( I); "Registrar" means Reeistrar aooointed under section 4 ofthp. I R Unit Titles GN. No. 357 (contd.) that may be cast by eligible co-owners unaffiliated with the developer exceed the votes which may be cast by the developer; "unit documents" means the Unit Plan including all exhibits, the Constitution of the Association. the By-laws of the Association and the rules adopted by the Management Committee of the Association, and any other document that affects the rights and obligations of a co-owner in the unit property; "Unit Property" or "Property" means the land described in the unit plan, as the same may be amended, together with all structures, improvements. easements, rights, and appurtenances located on or belonging to such property; "Unit" means that portion of the unit Property that is designed and intended for separate ownership and use by an owner, as described in the unit plan: "Unit Plan" means the document, together with the exhibits attached to it and all amendments that may be adopted in the future, by which the Unit Property is being submitted and registered for unit ownership under the Act: "unit factor" means the unit entitlement ofa unit plan and indicated the share of an owner in the common property, common facilities and other assets of the Association and is the figure which determines the owner's contribution to the common expenses of the Association and may be determined in accordance with the by-laws of the Association using such variables as the size of the unit, location ofthe unit and the view which the unit commands. "unit property types" means the type of unit property as defined in the Act which includes high rise structures or in rows or terraces, or in buildings in a cluster fonnand the like structures and the userthereofas more particularly described in the Urban Act 2007 use classes; 3. The association shall be called ...... and shall be constituted from DATE (hereinafter referred to as the Association). The headquarter office shall be located at ....................................... in Tanzania 4. The official languages of the Association shall be Kiswahili and English Namt: and office of the association Official language 5.-( 1) The Association shall be a non governmental, non profit. non-partisan Status and non religious voluntary organization devoted to carrying out the aims and objectives specified in Article 6 of this constitution. (2) The association may be affiliated to bodies with similar interests and objectives. 6.-( 1) The .......... Association shall exist primarily as a forum for home owners and tenants residing on Plot No ................... registered under Unit Aims and objectives J I J 11\0 laLlvll .;)11 a II' d\.. a -IlVU-}7tln."t::nnl and non religious voluntary organization devoted to carrying out the aims and objectives specified in Article 6 of this constitution. (2) The association may be affiliated to bodies with similar interests and objectives. 6.-( 1) The .......... Association shall exist primarily as a forum for home Aims and obiectives .. .. Unit Tilles GN. No. 357 (con/d.) (2) The objectives of the Association shall be: (a) to facilitate the administration of all that piece of land known as PlOt No .............. at ............ Area, and being the land comprised in the Certificate of Title (Occupancy) Numbers ........... together with all the buildings improvements and fixtures thereon (hereinafter called the "Property")and to manage and administer and to clean repair and maintain. the roads footpaths parking bays drives sewers drains electricity cables and conduits water pipes common lighting grassed' areas gardens, fencing, pool , gymnasium, security and other oma.mental areas shared in common by the persons who are in occupation of each unit erected on the said piece of land (hereinafter called a "unit" and collectively the "units") and any other facilities used in common within the Property (all the aforesaid areas on the Property shares in common hereinafter referred to as the "common (b) to collect service charges and other monies and liabilities due to the Association from the registered proprietors and other occupiers of the Units for undertaking the administration management and provision ofthe aforesaid services in the common property and to pay any rates taxes charges duties or other out-goings charged or imposed on or in respect of the property and/or common property or any part or parts thereof: (c) to provide any additional services of every description in relation to the common property as may be approved by the Management Committees of the Association from time to time and to maintain repair renew redecorate repaint clean construct alter and to add to the common property and to arrange for the supply to the common property of services and amenities and the maintenance and cultivation where necessary of the same and to enter into contracts with builders contractors and to employ and remunerate any person firm or Association for services rendered or to be rendered to or on behalf of the Association: (d) to insure all the common property of an insurable nature against damage or destruction by fire and other risk as may be considered necessary appropriate or desirable and to insure the Association against public liability and any other risk that may be considered prudent or desirable to insure against: firm or Association for services rendered or to be rendered to or on behalf of the Association: (d) to insure all the common property of an insurable nature against damage or destruction by fire and other risk as may be considered necessary appropriate or desirable and to insure the Association against public liability and any other risk that may be considered nrudent or desirable to insure aQainsr: Unit TItles GN. No. 357 (contd.) (e) to open and operate bank accounts in the name of the Association; (f) to establish and maintain capital reserves manaement funds and any form of sinking fund in order to payor contribute towards all fees costs and other expenses incurred in the implementation of the Association's objects and to require the members of the association to contribute towards such reserves or funds at such times in such amounts and in such manner as the Association may think fit and to invest and deal in and with such money not immediately required in such manner as may form time to time be determined. \ (g) to invest and deal with the moneys of the Association not immediately required in such manner as may from time to time be detennined and to hold or otherwise deal with any investments made: . (h) to pay all or any expenses incurred in connection with the promotion formation and incorporation of the Association, or to contract with any person firm or Association to pay the same; (i) to advertise and promote the property and/or the units and to enter into contract in respect thereof:. G) to employ such persons or enter into service agreements as may be necessary from time to time to enable the Association to perform its obligations and duties: (k) to distribute in specie the assets and property of the Association amongst its members; (1) to employ or engage professionals to undertake in the management of the .... Association or do any other pursuant to and in consonant with and in defense of these objefts: and (m) to do all such other things as may be deemed incidental or conducive to the attainment of the Association's objects or any of 7. Subject to the payment of annual subscriptions, as determined by the Management Comm ittee and approved at each Annual General Meeting, ordinary membership shall be open to anyone interested in furthering the aims and objectives of the Association. (2) Associate membership shall be open to tocal businesses and it entitles the bearer to participate in all activities and general assemblies of the Association, to the attainment of the Association's objects or any 7. Subject to the payment of annual subscriptions, as determined by the Management Comm ittee and approved at each Annual General Meeting, ordinary membership shall be open to anyone interested in furthering the aims and objectives of the Association. (2) Associate membership shall be open to tocal businesses and it entitles the Member ship Member ship Unit Tilles GN. No. 357 (coned.) Manage- ment Rules of procedure at meelmgs Voting 8.-{ 1) The Management Committee shall be elected at the Annual General Meeting and shall comprise of a Chairman, Vice Chairman, Treasurer and Secretary, plus two other committee members. (2) If the post of any officer or other committee member falls vacant after such an election, the Management Committee shall have the power to co-opt up to two members. (3) The Management Committee shall comprise of ordinary members of the Association only. Representatives of Associate Members shall not be entitled to serve on the Comm ittee. (4) The Management Committee shall meet as often as required to make and execute such decisions as are necessary in implementing the aims and objectives of the Association. (5) The Management Committee shall report all its activities to the Annual General Meeting and shall be accountable to the same. 9. -( 1) The Annual General Meeting of the Association shall: (a) be held Annually, not more than fifteen months; (b) elapse between the date of one Annual General Meeting and the next; (c) approve the minutes of the previous year's AGM; (d) receive reports from the Chainnan and the Secretary; (e) receive a report from the Treasurer and approve the annual accounts (f) elect the Management Committee; (g) consider changes to the Constitution; and (h) deal with relevant business. (2) An Extraordinary General Meeting shal.1 be called by an application in writing to the Secretary supported by at least two-thirds of the Association members. (3) The Management Committee shall also have the power to call an Extraordinary General Meeting by decision ofa simple majority of its members. (4) At least fifteen days notice shall be given to members of any general meeting. ;. ..... - - _ .... members. (3) The Management Committee shall also have the power to call an Extraordinary General Meeting by decision ofa simple majority of its members. (4) At least fifteen days notice shall be given to members of any general meeting. Unit ntles GN. No. 357 (conrd.) (2) With the exception of changes to the Constitution. decisions put to the vote shall be resolved by a simple majority of the ordinary members at General Meetings. (3) The Chairman shall have a casting vote in cases of equality. ll.-{ 1) The quorum at General Meetings shall be the presence, or presentation Quorum by proxy, of at least one fifth of all ordinary members of the Association. (2) In case of Committee Meetings. the quorum shal1 be four. i 2.-{ 1) Any change to the Constitution shall require a two-thirds majority of all those present and eligible to vote at a General Meeting. (2) Notice shall be given to all voting membersof any General Meeting as ::;pecified in Article 10(3) and then any proposal to change the constitution shall be submitted in writing to the Secretary at least seven days prior to the meeting. (3) All proposals for changes to the Constitution shall be signed by two members eligible to vote at a General Meeting. Changes to the Constllu- tiof'l 13.-( I) Member sha.1I pay an annual suhscription to the Association by the Finance 15th April of each year or as may be detennined by majority vote at the Annual General Meeting. (2) All money raised on behalf of the Association shall be paid into a deposit account or current account at. ... BANK ..... or such other bank as shall from time to time be substituted by the Management Committee. (3) All cheques shall be signed by two of the four nominated Committee Members. (4) The Treasurer will be responsible for the preparation of the annual accounts of the Association which shall be presented by the Management Committee. after audit. at the Annual General Meeting. (5) The accounts shall be audited by all independent person. \4. The Management Committee shall have the power to publish and enforce ~ y - a w ~ such By-laws as the ordinary membership feels necessary to govern the activities of the Association. accounts of the Association which shall be presented by the Management Committee. after audit. at the Annual General Meeting. (5) The accounts shall be audited by all independent person. \4. The Management Committee shall have the power to publish and enforce ~ y - a w ~ such By-laws as the ordinary membership feels necessary to govern the activities of the Association. Unit Titles GN. No. 357 (conld.) Dissolution 15. The Association may be !ft,.I.'o-thirds or more of the Ordinal)' Members so desire. by their giving three months notice in writing to the Chairman of the Association. In this event the liabilities of the Association shall be discharged and the residuary assets distributed to a recognized charitable body. Signed (Chairperson) ..................................................... . Signed (Committee Member) ........................................... .
(Made under Regulation 14 (3)) ASSOCIATION FORMS THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (NO. 160F2008) GRANT OF AN EASEMENT OR CONVENANT OF COMMON P.ROPERTY By AN ASSOCIATION {Under Section 26 (2)J AFI UNIT TITLE No ........................ : .. .. UNIT PLAN No ............................ .. ASSOCIATION No ........................ . The .................. Association. Registered Under UNIT PLAN No .... .. ................................................................................................... ........ of HEREBY CERTIFY that by special resolution, properly passed, directed the ASSOCIATION to execute the instruments hereunder recited: and that all persons having registered interests in the unit propeny and all other persons having interests (other than statutory interests) which have been notified to the ASSOCIATION have consented in writing to the release of those interests in respect of land comprised in the instrument. ........................................................................................................... of HEREBY CERTIFY that by special resolution, properly passed, directed the ASSOCIATION to execute the instruments hereunder recited: and that all persons having registered interests in the unit propeny and all other persons having interests (other than statutory interests) which have been notified to the ASSOCIATION have consented in writing to the release of those interests in rpc;:nl>f't nf bnri rnn1nric:pri in thp inc:trlln1pnt Unit Tilles GN. No. 357 (coned.) the Seal of the Association. registered under Unit Plan No .................. was affixed on .................. 20 ......... in the presence of- A1embers of the Committee THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) CANCELLATION OF AN EASEMENT AF2 UNIT TITLE No ........................... .. UNIT PLAN No ............................. . ASSOCIATION No ........................ . The .... Association. of P.o. Box ..... No ...... Registered Under the above reference HEREBY CANCEL the easement granted to ............................... '" . " .......... . .. ... ...... .............. .... .................. ... ... ........ ............ .... .... for the benefit of the land over which the Association holds the right of occupancy and recorded in the register of Unit Plans under Filed Document No ................. ............ .. Dated at ................................. . .. this ......... ... day of ...................... . Sealed with the Common Seal of Association and dated. I consent Signature of Lessee/Lender Fee: .................................... . Endorsement by the Registrar Sealed with the Common Seal of Association and dated. I consent Signature of Lessee/Lender Fee: .................................... . Endorsement by the Registrar GN. No. 357 (con/d.) Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) NOTiCE BY UNIT OWNER OF A LEASE [Under Section 31 (2)} AF3 UNIT TITLE No ................ ............ . UNIT PLAN No ............................. . ASSOCIATION No ........................ . TO: ....... Association. ofP.a. Box ................................ Registered Under the above reference IIWE ................................... of P.O ...... .. ............. Owner/Co-Owners of UN iT No ............ HEREBY NOTIFY the Association that I1We have leased the Unit under the above-reference to ........................................................ of P.O. Box ............................. . for a tenn of '" .............................. . commencing from ........ ... .... . .. . Dated at ....................... ....... this ......... day of .................. . .......... .... . Signed ....................................................... . Served upon us: Signature of Authorized Officer of the Association ~ - -- - t ~ .. -_. Signature of Authorized Officer of the Association Unit Tilles THE UNITED REPUBLIC OF TANZANIA THE UNITTJTLESACT.2008 (No. J 6 Of 2008) GN. No. J57 (con/d.) AF4 NOTICE OFTEMINATION OPA LEASE BY.UNITOWNER [Under Section 31 (3)J UNIT TITLE No ... " ........... " .......... . UNIT PLAN No ................. .... ., .. .. . ASSOCIATION No ....................... ,. TO: ....... . . Association, ofP.a. Box ...................... Registered Under the above reference. (/WE .... , .................... " ...... ." ......... ofP.D ...................... ., ..... , .. .,Owner/Co.()wners of UNIT No ... ,.,,, .... HEREBV NOTIFY the Association that IlWe have terminaled the lease on the Unit under the above.reference to .................... , ... " .... of P.O. Box .. , ......... ro ........... " 'I' as from.,. oro." , ", ..... day of, . ...... , ......... , .. ,. ,20" Dated at ... , .............. , ...... '" .. , ..... this ......... day of Signed ...... , . , .............................. , ....... .... , .. . Served upon us: Signature of A uthorized Officer of the Association II"'"""", t , , , ,.""" , ........... . , ~ . " Signature of A uthorized Officer of the Association GN. NtJ. 3j7 (con/d.) Unit nIles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) AF5 NOTICE OF UNIT OWNERS' REPRESENTATIVEAUTHORfZATION. (Under Section 38 (2) UNIT TITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ....................... .. TO: ......... Association, Registered Under the above reference. I/WE ................................... of P.O .................... , O\.vner/Co-Owners of UNIT No ............ HEREBY NOTifY theA5sociation that l!We the undersigned, authorize [Name ............................ ! Postal & Physical Address ................................... ] as the undersigned's representative to represent me/us in all Associations" meetinas and to vote, execute consents. and otherwise represent me/us in the same manner .and with the same effect as if the undersigned were persohally present at any such meeting or voting or per90nally acting on any matters submitted to the Association for approval or consent. The Representative will have the full powers of substitution and revocation. This authority of representation is revocable at any time. and unless revoked. may be terrninated upon notice to the Association. Dated at .............................. this ......... day of ............................ " ... . Signed ............................................... , ...... (UNIT OWNER! CO-OWNERS) Served upon us: Vda.;u dl . .... ..................................... 4 ........ YI13 ............. \JGj UI I II. ,.I Signed ............................................... , ...... (UNIT OWNER! CO-OWNERS) Served upon us: Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) GN. No. 357 (contd.) AF6 NOTICE OF CHANGE OF AUTHORISATION OF UNIT OWNERS' REPRESENTATNE. [U'nder Section 38 (7) UNIT TITLE No ........................... .. UNIT PLAN No ............................. . ASSOCIATION No ....................... .. TO: ....... Association, of P.O. Box ....................................... Registered Under the above reference . '/WE ................. , '" .............. of P.O .................... , Owner/Co-Owners of UNIT No .. , ... '" ... HEREBY NOTIFY the Association that I/We the undersigned, change the current representative and, in lieu thereof, substitute him for [Name ............................................................ ; Postal & Physical Address ................................... r as the undersigned's representative to represent me/us in all Associations" meetings and to vote, execute consents. and otherwise represent me/us in the same manner and with the same effect as if the undersigned were personally present at any such meeting or voting or personally acting on any matters submitted to the Association for approval or consent. The Representative will have the full power of substitution and revocation. This Authority of Representation is revocable at any time, and unless revoked, may be tenninated upon notice to the Association. Dated at ............. .. ............... this ......... day of .............................. . Signed .................................................... . .. (UNIT OWNER! CO-OWNERS) Served upon us: Dated at .............................. this ......... day of ................ . ............. . Signed ..................................................... .. (UNIT OWNER! CO-OWNERS) Served upon us: GN. No. 357 (conld.) Unit TItles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) NOTICE OF CHANGE OF ADDRESS OF UN IT OWNERS OR REPRESENTATIVE. [Under Section 38 (9); AF7 UNIT TITLE No ................................. . UNITPLANNo ............................... .. ASSOCIATION No ............................... .. TO: ........ Association. of P.O. Box ...................... Registered Under the above reference. I1WE ................................... ofP.O .................... , Owner/Co--Owners of UNIT No ............ HEREBY NOTIFY the Association that IIWe the undersigned, have changed the Postal & Physical Address of the Unit Owner/Owners Representative. for service of documents and notices and the current address shall be as hereunder: Dated at .................. this ......... day of ..................................... . Signed ...................................................... . (UNIT OWNER! CO-OWNERS! REPRESENTATIVE) Served upon us: Signature of Authorized Officer for the Association r . . . I . ~ ~ ................................................... . (UNIT OWNER! CO-OWNERS! REPRESENTATIVE) Served upon us: Signature of Authorized Officer for the Association Unit Titles THE UNITED REPUBLIC OF TANZANlA THE UNIT TITLES ACT, 2008 (No. 16oF2008) GN. No. 357 (contd.j AF8 NOTICE OF COMPANY'S REPRESENTATIVEAUTHORIZATION. [Under Section 39 (2) UNIT TITLE No ............................ . UNIT PLAN No ............................ .. ASSOCIATION No ........................ . TO: ............. Association. of P.O. Box .................. Registered Under the above reference. WE. MIS ............ ....................... Co. of P.O .................... , Owner/Co- Owners of UNIT No ............ HEREBY NOTIFY the Association that we the undersigned, authorize [Name ............................ : Postal & Physical Address ................................... ] as the undersigned's representative to represent us in all Associations' meetings and to execute consents, and otherwise represent us in the same manner and with the same effect as if the undersigned were present at any such meeting or voting or acting on any matters submitted to the Association for approval or consent. The Representative will have the full powers of substitution and revocation. This Authority of Representation is revocable at any time, and unless revoked, may be terminated upon notice by us to the Association. Dated at .............................. this ......... day of .................................... . Sealed with the common seal of the said ............................... .. ................................... and delivered in the presence of us this ......................... day of ................................ . (Signatures) .............................................................................. . (Postal Addresses) .................................................................. .. (Qualifications) .......................................................................... . (UNIT OWNER! CO-OWNERS) Served upon us: ......................... ... .. .. D ____ .. A (Signatures) .............................................................................. . (Postal Addresses) .................................................................. .. (Qualifications) .......................................................................... . (UNIT OWNER! CO-OWNERS) Served upon us: GN. No. 357 (contd.) Unit ntles THE UNITED REPUBLIC OF TANZAN IA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) NOTICE OF CHANGE OF AUTHORISATION OF COMPANY'S REPRESENTATIVE. [Under Section 39 (6)] AF9 UNIT TITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ........................ . TO: ........ Association, P.O. Box ....................... registered under the above reference. WE, MIS ................................................. of P.O ................................ Owner/Co-Owners of UNIT No ............ HEREBY NOTIFY the Association that we. the undersigned, change the current representative and, in lieu thereof. substitute him for [Name ............................ ; Postal & Physical Address ................................... ] as the undersigned's representative to represent us in all Associations' meetings and to vote, execute consents, and otherwise represent us in the same manner and with the same effect as if the undersigned were present at any such meeting or voting or acting on any matters submitted to the Association for approval or consent. The Representative will have the full powers of substitution and revocation. This Authority of Representation is revocable at any time. and unless revoked. may be tenninated upon notice to the Association. Dated at .................................. this ............................... day of ................................... . Sealed with the common seal of the said ................................ . ................ and delivered in the presence of us this ............... day of .................. .. . (Signalures) .......................................................... .................... . (Postal Addresses) ................. .. ............................................... .. (Qualifications) .......................................................................... . (UN IT OWNER! CO-OWNERS), Served upon us: Sealed with the common seal of the said ................................ . ................ and delivered in the presence of us this ............... day of .................... . (Signalures) .............................................................................. . (Postal Addresses) .. .. .............................................................. .. (Qualifications) .......................................................................... . (UN IT OWNER! CO-OWNERS), Unit TItles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) GN. No. 357 (con/d.) AF 10 NOTICE OF CHANGE OF ADDRESS OF COMPANY'S REPRESENTATIVE. [Under Section 39 (7)] UN IT TITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ....................... .. TO: ........ Association. of P.O. Box ..................................... Registered Under the above reference. l.. ......................................... of P.O ........................... ,duly authorized representative ofOwner/Co-Owners of UNIT No ............ HEREBY NOTIFY the Association that I the undersigned, have changed the Postal & Physical Address for the UNIT OWNER/OWNERS REPRESENTATIVE for service of documents and notices, and the current address shall be as hereunder: Dated at .............................. this ......... day of .................................... . Signed ...................................................... . (UNITOWNERICO-OWNERSIREPRESENTATlVE) Served upon us: Signature of Authorized Officer for the Association ~ 9 ~ ..... . (UNIT OWNERI CO-OWN ERSI REPRESENTAT lV E) Served upon us: Sie.nature of Authorized Officer for the Association GN. No. 357 (con/d.) Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) AF II INSTRUMENT EVIDENCING TRANSACTIONS AFfECTING COMMON PROPEKfY (Under section 42(1)) UNIT TITLE No ........................... .. UNIT PLAN No ............................. . ASSOCIATION No ....................... .. To: The Registrar of Titles The ............ Association. P.O. Box .......................... , Registered Underthe above reference HEREBY CERTIFY that- (a) The owners have. by unanimous resolution, properly passed, directed the Association to execute the certificate of approval with regard to instruments hereunder recited: and (b) All persons having registered interests in the Plot and all other persons having interests (other than statutory interests) which have been notified to the Association have consented in writing to the release of those interests in respect of land comprised in the instruments+ and the instrument conforms with the terms of that resolution +Instrto'nent. ................... dated ................. to ............... of. .................. .. the Seal of the Association. Unit Plan No .................. was affixed on ........... ...... .1 .. ...... . in the presence of- Members of the Governing Committee +1 f in the case of a lease. interested parties have approved in writing of the execution of the lease but have not consented in writing to the release of their interests in respect of the demised land, delete the words, 'have consented in writing to the release of those interests in respect of the land comprised in the instrument' and substitute the word 'have approved in writing of the instrument'. +Insert the description of the nature and date of the instrument. the names of the parties to it and a brief description of the land disposed of. Members of the Governing Committee +1 f in the case of a lease, interested parties have approved in writing of the execution of the lease but have not consented in writing to the release of their interests in respect of tDe demised land. delete the words, 'have consented in writing to the release of those interests in respect of the land comprised in the instrument' and substitute the word 'have approved in writing of the instrument'. + I nsert the description of the nature and date of the instrument. the names of Unit Titles TH E UN ITEO REPUBLIC OF TANZANIA THE UN IT TITLES ACT, 2008 (No. 16 OF 2008) NOTICE BY ACHARGEETOTHEASSOClATION Made under section 44(3) GN. No. 357 (coned.) AF 12 UN IT TITLE No ................................. . UNIT PLAN No ................................ . ASSOCIATION No .............. ;; ................ . To: The Registrar of Titles IIWE, .............................................. of P.O. Box ................................. REG ISTEREO : I I , I I I ; I I ...................... I .... ....... .................... .......................................................................... . CHARGEE Date: ............................. . Date: .. ... .. ...................... . GN. No. 357 (contd.) Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNITTITLESACT, 2008 (No. ) 6 OF 2008) NOTICE BY A TO THE ASSOCIATION Und,er Section 44(3) AF 13 UNIT TITLE No ........................... . UNIT PLAN . ......................... . ASSOCIATION No ......................... .. To: The ......... Association. of P.O. Box ............................ Registered Under the above reference. VWE(Chargee) .................. ........ of P.O. Box .................. ...... . .. . .... .. .............. . HEREBY GI V E NOTJCi:: the Certificate of Un it Title registered under the above has been charged in my/our favour with the intention of creating a lien thereoyer and Registered as Filed Document No ............ , dated ............ . .............. . Dated th is ......................... day of ..... .. ... ............... 20 ....... . Signature of the Chargee Served upon us: Signature of 'Officer for the Association Served upon us: Signature of 'Officer for the Association Unit Titles THE UNiTED REPUBLIC OF TANZANIA THE UN1TTIl-;LESACT,2008 (No. 16 OF 2008) GN. No. 357 (conld.) AF 14 NOTICE OF ASSOClATION'S MEETINGS TO CHARGEE Under Section 44(5) UNIT TiTLE No ................................ .. UN IT PLAN No . .............................. .. ASSOCIATION No ................................ . . TO: ............................... of .......................... (Chargee) FROM: The ........ Association, of P.O. Box .. . ........... . ....... registered under the above reference. NOTICE IS HEREBY GIVEN that there shall be an Association Meeting on .. ........................ , At. ...... . ........... (Venue commencing at .................... .. The AGENDA for the Meeting shall be as follows: Dated at . . .......... .. .......... . ..... this ......... day of ..................... . ........... . .. . Signed ....... . ..... . .. .... ............ ... ................... . Signature of Authorized Officer for the Association Served upon us: [UNIT UNITOWNER REPRESENTATIVE, CHARGEE, ETC.) Signed ..... . ................. ... .. ....... ................... . Signature of Authorized Officer for the Association Served upon us: UNITOWNER REPRESENTATIVE, CHARGEE, ETC.) GN. No. 357 (contd.) Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) AF14A NOTICE OF ASSOCIATION'S MEETINGS TO MEMBERS UNITTITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ........................ . " TO: ..................... OF ......................................... (UNIT OWNER/OWNER) REPRESENTATIVE) FROM The ....................... Association. of P.O. Box ................. registered under the above reference. NOTICE IS HEREBY GIVEN that there shall be an Association Meeting on .......................... , At ......................... (Venue )., commencing at .. '" ............. '" The AGENDA forthe Meeting shall be as follows: Dated at ............. ................. this ......... day of ...................... '" ........... . Signed ................. .. ................................... . Signature of Authorized Officer for the Association . ' Served upon us:
......................................................................................................................... Dated at .............................. this ......... dayof .. ... ....................... '" ..... . Signed ...................................................... . Signature of Authorized Officer for the Association -.. Served upon us: Unit TItles TH E UNITED REPUBLIC OF TANZANIA THE UNITTITLESACT, 2008 (No. 16 OF 2008) . ., GN. No. 357 (conld.) AF 15 NOTICE OF APPOINTMENT OR CESSATION OF MEMBERSHIP rN MANAGEMENTCOMMIITEE* [Under Section 47 (2)] UN IT TITLE No ............................ . UNIT PLAN No ............................ .. ASSOCIATION No ........................ . TO: REGISTRAR OF TITLES FROM: The ............ Association, of P.O. Box .................. registered under the above reference. NOTICE IS HEREBY GIVEN that. .................................................................. of ..................................................................... ofUNITNo .................... has been ceased to be a Member of the Management Committee of the Association as from ................................... day of ...................... 20 ....... . Dated at ............................... this .................................... day of ...................................... .. Signed ...................................................... . Signature of Authorized Officer for the Association Served upon us: THE REGISTRAR *The NOTICE must be given to the REGISTRAR within 15 days from the date of appointment or cessation of membership. Served upon us: THE REGISTRAR *The NOTICE must be given to the REGISTRAR within 15 days from the date of appointment or cessation of membership. GN. No. 357 (contd.) Unit Titles THE UNtTED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) NOTICE OF PROXY [Under Section 44 (7)] AFt5A UNIT TITLE No ........................... .. UNIT PLAN No ............................. . ASSOCIATION No ........................ . TO: ............ Association, Registered Under the above reference. I1WE ............................................. of P.O. Box ............................. Owner/Co-Owners ot UNIT No ............ HEREBY'NOTIFY the Association that I1We the undersigned. authorize [Name ............................ ; Postal & Physical Address ................................... ] as the undersigned's PROXY to represent me/us in the Associations' meeting dated ............ of ........... 20 .. , and to vote, execute consents, and otherwise represent me/us in the same manner and with the same effect as if the undersigned were personally present at any such meeting or voting or personally acting on any matters submitted to the Association for approval or consent. During the pendency of this proxy. all rights to vote shall be held by the Proxy- Holder and shall not be voted by the undersigned, provided the undersigned may revoke this proxy at any time. Dated at ............................... this .................................... day of ...................................... .. Signed ...................................................... . . (UN IT OWNER! CO-OWNERS) Served upon us: Signature of the Authorized Representative of the Association Signed ...................................................... . . (UN IT OWNER! CO-OWNERS) Served upon us: Unit Titles THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) GN. No. 357 (conld.) AF 16 NOTICE OF AMENDMENT OR REVOCATION OF BY-LAWS OF ASSOCIATION [Under Section 50 (3)] UNIT TITLE No ............................ . UNIT PLAN No ............................ .. ASSOCIATION No ........................ . I TO: REGISTRAR OF TITLES FROM: The .......... Association, of P.O. Box ................ registered under the above reference. NOTICE IS HEREBY GIVEN that the Association has by unanimous resolution passed on the ....................... day ............. 20 .. , has resolved to amend/revoke the By-Laws as appearing hereunder: AND HEREBY the Association attaches the Amended Version ofthe By-laws. Dated at ............................... this .................................... day of ...................... , ............... . The Seal of the ABC Association was affixed on ................. .1. ...... .. in the presence of- .......................................... 8 SEAL Served upon us: THE REGISTRAR Members of the Governing Committee Served upon us: THE REGISTRAR THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT. 2008 (NO. 16 OF 2008) ASSOCIATION REGISTER [UDder Section SII SECTION A. m.n PLAN & ASSOCIATION PARTICULARS (ABSTRACI1 .. - I. UNIT PLAN ABSTRACT U. ASSOCIATION PARTICULARS ABSTRACT Numben or Uaib _ Name & Address or AssodatioD: Rcgi.scrlltlon No. &I DaCe .................... - ----_. ................................. 1--------- Approdmate Uait F100r Nnmber of Members Area m2 _._--- - - Plot No .. Block. ..LOcatioa Certificate of Title. USER: (lDp Rise, Terrace. aaster. eCc.) rn. VL ENCUMBERANCESECTION m. Date of Name of Addrea Sipatareof m.NO. DATE NATURE OF FURTHER No. ReptratiOD re8tnered Owaer .. aatbortzed PARTICULARS Telepboac Officer - 0 .' . -.- . - 0 . ' AF- 17 SIGNATlJRE OF AUTHORISED OFFICER - CHANGE OF MEMBERSV. CHANGE OF MEMBERS V. COMMITTEE & CHANG OF COMMITTEE & CHANGE OF MANAGING AGENT OF MANAGING AGENT ~ A M E DATE OF CD NAME & DATE OF FONO. mDRESS APPOlN11tmo. ADDRESS APPOINTMENT &CESSATI() & CESSATION .. .. ---- - - "" . - ---_. CBANGE OF Y ~ LAWS "-_o-r---- DATE & P ARllCULARS . .. - .- -- ~ ~ <: ~ I..I.J V, "-.I r;- <) ::s t- ~ :::::: ~ :::.t ~ t..: SECTION B. UNIT DETAIlS L . REGISfRATION DETAIL 1 PROPERTY SEmON Uait No ...... '" No. ofsbll't5 in Commoa Property ESTATE Therein Uait floor Area ........................ USER 3. PROPRIETORY SECTION 4. ENCUMBRANCE SECfION S. OCCUPIERS SIN DIu Name AddresJ & A.tborizee! FD Date or Nature of Further Autborized Date Nlme, Further Autborized of of Telepbone Oflkerof No Regi!tl"ltiOD Encumbrance Particulars offirer of Addrm& Particulars officer or Owaer No. of AssociitiOD ED try Occopatioa Association of Unit Owner ~ ::::: SEmON C: EASEMENTS &: DEALINGS OVER COMMON PROPERlY L EASEMENTS 11 DEALINGS OVER COMMON PROPERTY - FD. DATE ~ M E O F ADDRESS PARTICU SIGNATIJRE FD.NO DATE NAllJRE FURTIffiR SIGNATIJRE OF NO EASEMENT LARS OF OF OF PARTICUL AurnORlSED HOLDER EASEME AU1l{ORISE TRANSAC ARS OffiCER NT DOFFICER nON - FD. DATE ~ M E O F ADDRESS PARTICU SIGNATIJRE FD.NO DATE NATURE FURTIffiR SIGNATIJRE OF NO EASEMENT LARS OF OF OF PARTICUL AurnORlSED HOLDER EASEME AU1l{ORISE TRANSAC ARS OffiCER NT DOFFICER nON Unit Titles GN. No. 357 (con/d) THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (No. 16 OF 2008) AF 18 NOTICE OF UNIT OWNER TO THE ASSOCIATION PROVIDING INFORMATION FOR INCLUSION IN THE ASSOCIATION REGISTER [Under Section 52 (1)] UNIT TITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ....................... .. TO: The ...................... Association. of P.O. Box .......................... Registered Under the above reference . NOTICE IS HEREBY GIVEN by IIWc ...................................................................... of .................................................... . UN IT No .......................... that an event specified under Section 52(1 ) of the Act has occurred in relation 10 the Unit herein, namely: o Transfer ofa Lease to .......................... '" o Registered Instrument of ownership of the Unit o Change of Name and Address o Change of Occupancy of the Unit o Vacancy in Occupancy of the Unit expected to be longer than 30 days. Dated at .. , ........................... this ......... day of .................................... . Signed ................................... ................. . Served upon us: Signature of Authorized Officer for the Association -The NOTICE must be given to the ASSOCIATON within 14 days from the date of the occurrence of the specified event. Served upon us: Signature of Authorized Officer for the Association -The NOTICE must be given to the ASSOCIATON within 14 days from the date of the occurrence of the specified event. Unit Titles GN. No. 357 (contd.) THE UNITED REPUBUC OF TANZANIA THE UNIT TITLES ACT. 2008 (No. 16 OF 2008) AF 19 NOTICE OF A PERSON OTHER THAN A UNIT OWNER TO THE A.SSOCIATION PROVIDING INFORMATION FOR lNCLUSION IN THE ASSOCIATION'S REG ISTER [Under Section 52 (3)] UNITllTI...E NO ........................ . UNIT PLAN No ................................ .. ASSOCIATION NO .......................... . TO: The ...................... Association, of P.O. Box .......................... Registered Under the above reference NOTICE IS HEREBY GIVEN by l/We ...................................................................... of ................................................... .. an event specified under Section 52(3) of the Act has occurred in relation to the Unit herein, namely: o Transfer of An interest in the Lease of the Unit or Common Area. o An interest in the or Common has been acquired and is duly registered. o An interest. other than registered interest. in the Unit or Common Propeny has been acquired. o Change of Name and Address has occurred. o Change in the nature or cessation of interest in the Unit or Common Propeny has occurred. o Vacancy in Occupancy of the Unit expected to be longer than 30 days. Dated at ........................... tltis ......... day of .................................... . Signed ...................................................... . Served upon us: Signature of Authorized Officer for the Association -The NOTICE must be given to the ASSOCIATON within 14 days from the Signed ...................................................... . Served upon us: Signature of Authorized Officer for the Association -The NOTICE must be given to the ASSOCIATON within 14 days from the nf thp nrrllrrPnrp nf th .. "n .. ,.ifi .. ,J .. " .. nt Unit TItles GN. No. 357 (coned.) THE UNITED REPUBLIC OF TANZANIA THE UNIT TITLES ACT, 2008 (NO. 16 OF 2008) REQUEST FOR ACCESS TOTHEASSOClATiON'S REGISTER [Under Section 53 (1)] (To be filled in Duplicate) AF20 UNIT TITLE No ............................ . UNIT PLAN No ............................. . ASSOCIATION No ........................ . TO: The ...... .. . Association, of P.O. Box ..................... Registered under the above reference. Unit Title Number (ifknown) ..................................................................................... . Name of Unit Owner (ifUni.t Title Number is not known) Well the below named hereby request you to search the association' s register in respect of the property registered under the above reference and to advise us of the subsisting entries. Name of applicant: ........................................................ . P.O.Box: ..... ....... . ........... . ........... . ................................ . Telephone: ...................................................... .. ......... . FInaiI: ......................................................................... .. Signature ...... .. ....................... ....................... . ............. . Date .......... . ............ ..... . .. ..... . . ...... ........................... .. Search Number: .. .. ..... Served upon us: Signature of Authorized Officer for the Association * tn oivpn frpp nf Ulithin 1.1 Signature ....................... .. ................... ... ..................... . Date ... . ...................... .... .. ....................................... .. Search Number: ........ . Served upon us: Signature of Authorized Officer for the Association * Information to given free of charge within 14 days. Unit Tilles GN. No. 357 (con/d.) SEVENTEENTI-I SCHEDULE (Made under Regulation J 5(1) (a) SALE AGREEMENT UNIT TITLE. No ..................... . PlAN.No ............................. . ASSOCIATION No ................. . . VWe .............................................................................. of P.O. Box .............................. . OWNERJs of Unit Title with above reference HEREBY AGREE to dispose to ................................................................. of P.O. Box ............................................ the right of occupancy registered under the above reference: 1. Consideration ...................................... " ..................................... .. 2. Mode of payment of consideration ..................................................... . 3. Date of execution of the deed of disposition ....................................... .. 4. Date of delivery of possession of the property and necessary documentation ........................................ .. 5. Covenants binding upon the vendor/transferor. ................................. .. 6. Covenants binding upon the purchaser/transferee ................................ . Dated at. ........................ this ............ day of ................... 20 ..... . Signed and delivered by the said Who is known to me personallyl Identified to me by ................. . (signature) .......................... .. (Postal Address) .................... .. (Qualification) ...................... .. Vendor Who is known to me personallyl Identified to me by ................. . (signature) .......................... .. (Postal Address) .................... .. (Qualification) ...................... .. Vendor Unit TItles GN. No. 357 (contd.) Dated at ......................... this ................... day of ............ 20 .... . Signed and delivered by the said Who is known to me personally/ Identified to me by ................ . (signature) .... ................. .. .. . . (Postal Address) ........... ........ . (Qualification) .......... .......... .. Purchaser AF 21 EIGHfEENll-I SCHEDULE (Made under Regulation 17(4) THE UNIT TITLE ACT, 2008 CERTIFICATE OF ASSOCIATION FOR GRANT OF EASEMENT!. RESTRICTIVE COVENANTffRANSFER OR SALE OF COMMON PROPERTY ON TERMINATION The Owner, Unit Plan No .............. .. ....... . Plot No ........................ Block No ........ Location ........... hereby certify that by unanimous resolution, properly passed, directed the corporation to execute the instruments hereunder recited: and that all persons having registered interests in the parcel and all other persons having interests (other than statutory interests) which have been notified to the Association have consented in writing to the release of those interests in respect of land comprised in the instrument. In.strurnent ........ ............ dated ................. to ........ '" ... of .. '" '" ......... .. .. the Seal of the Association, Owners, Unit Plan No .................. was affixed on ....... ........... 20 ......... in the presence of- In.strurnent .................... dated ....... .......... to ........... . ... of .. '" '" .. . ........ .. the Seal of the Association, Owners, Unit Plan No .................. was affixed on .............. . ... 20 ......... in the presence of- Members of the Committee Unit TIlles GN. No. 357 (eonld.) +Insert a description of the nature and date of the instrument, the names of the parties to it and a brief description of the land disposed of. "Delete whichever does not apply. NINETEENTH SCHEDULE AF22 (Made under Regulation 17(5)) NOTICE OF TERMINATION OF UNIT STATUS To Registrar of Titles We ................... AssociationofP.O. Box .......................... beingownerofa property with Unit Plan No ................. .. situated at Plot No ................ . Block . . ....... location ....... . .... Title No ........... Hereby certify that the unit status of the property has been tenn inated. Annexed hereto is:- (a) A certified copy of the unanimous resolution of he owners. Or (b) A certified copy of the order made by the court. Sealed with he common seal of the ........................ . (Name of Association) in presence of us This ......... day of. ............. 20 ..... .. . Committee member Chairman of the Committee Scaled with he common seal of the ....... . ............... .. (Name of Association) in presence of us This . ........ day of. ...... . . . .... 20 ....... . Committee member Chairman of the Committee Unit Titles GN. No. 357 (contd.) TWENf lETH SCHEDULE (Made under Regulation 20) F TYPE OF FEE I AMOUNT IN NO. i TSHs I.a I Upon submission of e unit plan, a unit plan of sub-division or a unit plan of 150,000/- I i amal gamation from 5 to 20 units b I Upon submission of a unit plan, a unit plan of sub-division or a unit plan of 250,000/" over 20 units c Where the unit })Ian is in phases (phased unit plan), for each extra phase 75,0001- 2 I On application for issue of a certificate of title in respect of a uni! 30.000/=- i I ! 3. a : On lodgement for registration of - 10.000/" --l I I DIscharge of mortgage, caveat or withdrawal of cave:1t oflon unit title. I I I ; I b i A transfer 0.25% of whichever is greater between consideration and value I ! c ; A lease 50% of the paj'able monthlyrenl d : A mortgage 15,000/- ! e : Any transaction referred to in paragraphs (a) to Cd) when not in the prescribed 15,000/'" form f Any transaction referred to under subparagraphs (a. b, c, d) of paragraph where I the instrument is lodged in triplicate or quadruplicate, an additional fee of J 15,0001= j 5. a On lodgment for entry of a copy of a decree of execution or order or court - 10000/- b ! For removal of a decree of execution or order of court- 10.0001= 1 I 6 I On lodgment of any instrument or other document whose purpose is to deal with 10.000/= i I or more than one certificate of title. for each memorial or entry after the first one 8. a On lodgtnent of rules for mana&ement of an association 10,000/- b ' On lodgment of an instrument of amendment or revocation of rules 5,0001= 9 On application for registration of an easement or reslIictive covenant 10,000/"" 10 i Upon filing a notice of termination of Unit status 50,000'" 11 For an application for of change of address 10,000/= ----J 12 For registration of a legal personal representative 5,0001-= I 13 i For certificate of documents, per page 5,0001- I 14 For a lost certificate of title 15.000/- j 15 I Any other matter not otherwise prescribed in this schedule. I t-- I I Dar es Salaam, 28 th September, 2009 14 For a lost certificate of title JOHN Z. CHILlGATI (MP). Minister for Lands, Housing and Human Settlements Development 15 I Any other matter not otherwise prescribed in this schedule. t--__ __________________________________________________ ________ Dar es Salaam, 28 th September, 2009 JOHN Z. CHILIGATI (MP). Minister for Lands, Housing and Human Settlements Development
Evidence of Judicial Bias & Corruption: Managing and Defending Employment Discrimination Litigation Conference Featuring Various Federal Judges, Including Magistrate Judge James C. Francis