ADVOKS GLOBAL · KENYA
Sectional Properties Act
36. Information on request
Edition: 2022-12-31 · In force
36. Information on request
(1)On the written request of an owner, a purchaser or chargee of a unit, the Corporation shall, within twenty days of receiving that request, provide the person making the request, subject to the payment of such charge as is prescribed in the regulations, with one or more of the following as requested by that person—(a)a statement setting forth the amount of any contributions due and payable in respect of a unit;(b)the particulars of—(i)any action commenced against the Corporation and served on the Corporation;(ii)any unsatisfied judgment or order for which the Corporation is liable; and(iii)a written demand made on the Corporation for an amount in excess of five thousand shillings that, if not met, may result in an action being brought against the Corporation;(c)the particulars of or a copy of any subsisting recreational agreement;(d)the particulars of or a copy of any subsisting management agreement;(e)a copy of the budget, if any, of the Corporation;(f)a copy of the financial statement, if any, of the Corporation;(g)a copy of the by-laws of the Corporation;(h)a copy of any minutes of proceedings of a general meeting of the Corporation or of the board of management.(2)Where a request is made under subsection (1) and the Corporation fails to comply with provisions of that subsection, the aggrieved person may seek an order that the Corporation comply with such request.(3)Where an aggrieved person takes proceedings before a Committee pursuant to subsection (2), the Committee shall have power to make an order against the Corporation that it comply with subsection (1) and the Committee shall also have power to award a penalty against the institutional manager of a sum not exceeding five hundred shillings per day for each day exceeding twenty days after a request has been properly made under subsection (1).(4)A Committee may make an order—(a)pursuant to subsection (2) if it finds non-compliance with subsection (1) proved;(b)dismissing the proceedings; or(c)pronouncing a remedy or a penalty to ensure compliance with the by-laws, and in either case may make such award as to costs as seems appropriate in the circumstances.(5)A Committee shall make its order under subsection (4) after a hearing conducted in accordance with the rules of natural justice.(6)A party may appeal a decision of the Committee to any court in respect of an error of law.