ADVOKS GLOBAL · KENYA
Sectional Properties Act
29. By-laws of the Corporation
Edition: 2022-12-31 · In force
29. By-laws of the Corporation
(1)The Corporation may make by-laws to provide for the control, management and administration of the units, the movable and immovable property of the Corporation and the common property and for establishment of a Committee.(2)Notwithstanding subsection (1), on first registration, the by-laws specified in the regulations shall be the by-laws of the Corporation.(3)Any by-law may be amended, repealed or replaced by a special resolution.(4)An amendment, repeal or replacement of a by-law does not take effect until—(a)the Corporation has filed a copy of it with the Registrar; and(b)the Registrar has made a memorandum of the filing on the sectional plan.(5)No by-law shall operate to prohibit or restrict the devolution of units or any transfer, lease or other dealing with them or to destroy or modify an easement implied or created by this Act.(6)The by-laws bind the Corporation and the owners to the same extent as if the by-laws had been signed and sealed by the Corporation and by each owner and contained covenants on the part of each owner with every other owner and with the Corporation to observe and perform all the provisions of the by-laws.(7)A by-law made by a corporation under subsection (1) shall have no force or effect to the extent to which it purports to permit material change in the use or density of the common property without the approval of the relevant county government.(8)A by-law made by the Corporation under subsection (1) shall have no force or effect to the extent to which it purports to prohibit or restrict—(a)the keeping on a unit of a dog used as a guide by a completely blind owner, occupier or resident of the unit; or(b)the use of a dog as a guide on a unit or common property by a completely or partially blind person.