Condominium Act
A Condominium is defined as real estate registered under the Condominium Act. Sections of the property owned by specified owners are known as units, whilst the remainder of the land and buildings is owned jointly as common property by all unit owners.
Contract and Conveyance
Ownership of a unit is achieved by first entering into a purchase/sale agreement, which describes the unit, the purchase price and terms of payment and all other terms and conditions of sale. A legal conveyance is subsequently completed, as is normal in English law, and ensures that the purchaser has clear title to the unit and to the common property.
Condominium Declaration
Unit owners are subject to the Condominium Declaration which is a document of public record, prepared and filed when the property is first registered under the Condominium Act. The Condominium Declaration is binding on all unit owners. It provides a full description of the property, the common areas as well as each separate unit and a statement of covenants, conditions and restrictions affecting the use and transfer of units. The declaration also provides the by-laws governing the relations of the unit owners with one another and establishes a body corporate to manage the property.
Attached to the Condominium Declaration is a complete set of detailed certified drawings of the property including those for each individual unit, as approved by the Chief Town Planner.
Proprietors Unit Plan (PUP)
Each unit owner has equity in the body corporate (known as the proprietors unit plan (PUP)). The PUP is generally responsible for the maintenance and upkeep of the common areas and for levying common expenses, such as janitorial, security and insurance, shared by the unit owners. The PUP is managed by a Board elected by the unit owners annually.
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