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Beach House Villas
Condos For Sale
BY-LAWS OF THE PROPRIETORS, STATA PLAN

Thereinafter called the “Corporation”

The Proprietor

1. A Proprietor shall : -

(a) Permit the Corporation and its agents, at all reasonable times on notice (except in case of emergency when no notice shall be required) to enter his Strata Lot for the purpose of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts for the time being existing in the Strata Lot and capable of being used in connection with the enjoyment of any other Strata Lot or common property, or for the purpose of maintaining, repairing or renewing common property, or for the purpose of ensuring that the by-laws are being observed;

(b) Pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of this Strata Lot;

(c) Repair and maintain his Strata Lot, and keep it in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted;

(d) Use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors or their licensees or visitors;

(e) Notify the Corporation forthwith upon any change of ownership or of any mortgage or other dealing in connection with his Strata Lot;

(f) Be responsible for the maintenance and repair of all water, sewerage, drainage, telephone and electricity connections within the boundaries of his Strata Lot and for the maintenance and repair of any such services beyond the same boundary if such maintenance or repair becomes necessary by reason of the negligent act, omission or default of the proprietor or of any other person upon the proprietor’s Strata Lot, and each proprietor shall give to the Executive Committee prompt notice in writing of any accident to or defect or want of repair in any services to his Strata Lot or of any other circumstances likely to be or to cause any danger, risk or hazard to the common property or the property of any other person upon the common property or the Strata Lot of any other proprietor.

In default of the observance of this clause by any proprietor, the Executive Committee may carry out any work it considers necessary for the maintenance or repair of such services at the expense of such proprietor, and the cost of such maintenance or repair may be exacted by the Executive Committee from the proprietor in the same manner as a contribution due and payable by such proprietor to the Executive Committee may be exacted;

(g) Clean the internal portions of the windows of his Strata Lot as often as may be necessary;

2. A Proprietor shall not : -

(a) Use his Strata Lot or the common property nor any part thereof for any purpose which may be illegal or immoral or injurious to the reputation of the land or buildings or for any purpose either than as a shop forming part of a shopping center or with the prior approval of the Executive Committee as an office;

(b) Make or permit to be made any undue noise in or about any Strata Lot or the common property or any adjoining property. The proprietor shall not permit or suffer to be done in or upon his Strata Lot or the common property anything (including the playing of any musical or electrical equipment) which may be or become a nuisance, hazard or annoyance or cause loss, damage or inconvenience to the Corporation or to the owner or occupier of any other Strata Lot or whereby any insurance for the time being effected on the buildings or any part thereof (including the proprietor’s lot) may be rendered void or void able or whereby the rate of premium may be increased and shall pay all costs, charges and expenses incurred by the Corporation in abating any such nuisance;
(c) Keep any animals or birds on his Strata Lot or the common property after notice from the Corporation that such bird or animal constitutes a nuisance;

(d) Do or permit to be done anything in or about the buildings which will obstruct the approaches or the entrances thereto or any driveway or which will in any way obstruct or interfere with the rights and privileges of other occupants of the buildings;

(e) Throw or allow to fall or permit to be thrown or to fall any materials or substance whatsoever out of or from any window or other part of any Strata Lot onto another Strata Lot or the common property or any part thereof;
(f) Make any alterations or additions which may be visible externally to his Strata Lot without the written approval of the Executive Committee first had and obtained;

(g) Erect any fixtures, fittings, blinds or television antenna of any kind on or to the exterior of a Strata Lot or the building without the written approval of the Executive Committee first had and obtained and not to erect or install air conditioning equipment or grill or lattice work save and except in accordance with the specifications and designs, copies whereof are available from the Corporation;

(h) Paint the exterior of any Strata Lot or the buildings except with the prior written permission of the Executive Committee and with a paint of a colour and quality approved by the Executive Committee;

(i) Unless he obtains the prior approval of the Executive Committee in writing, erect, display, affix or exhibition on or to his Strata Lot or the buildings, any sign, advertisement, name or notice other than the name of the proprietor or the designation of the proprietor’s Strata Lot except on any notice board provided for that purpose;
(j) Do or permit or suffer to be done any act, matter or thing on or in respect of the lot which contravenes the provisions of the Town and Country Planning Law or any enactment amending or replacing it or otherwise relating to planning and shall keep the Corporation indemnified against all claims, demands and liabilities in respect thereof;
(k) Without the prior approval of the Executive Committee install any gas or oil stoves in any Strata Lot;

(l) Give any directions and instructions to employees of the Corporation other than through the members of the Executive Committee or its appointed building managers;
(m) Hang or display on or from windows, balconies, or other parts of the building laundry, washing, clothing, bedding, wires or other materials or articles;
(n) Place garbage containers anywhere on the common property other than in the receptacles provided therefore;
(o) Park or permit the parking of any commercial vehicles in the parking areas unless in the case of removal or delivery’
(p)Erect any awnings other than of a colour and type approved by the Corporation;

(q)Remove any plants, shrubs and other ornamental fixtures from the common areas;

(r)Wash, polish or repair his motor vehicle on the common area;

(s) Without the prior approval of the Executive Committee sell or permit the sale of food on from or in his Strata Lot;

The Corporation

3. The Corporation shall: -

(a) Control, manage and administer the common property for the benefit of all proprietors;

(b) Keep in a state of good and serviceable repair and properly maintain the fixtures and fittings (including elevators) used in connection with the common property;

(c) Where practicable, establish and maintain suitable lawns and gardens on the common property;

(d)Maintain and repair (including renewal where reasonable necessary) pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one Strata Lot or common property;
(e) On the written request of the proprietors, or registered mortgagee of a Strata Lot, produce to such proprietor or mortgagee, or any person authorized in writing by such proprietor or mortgagee, the policy or policies of insurance effected by the Corporation, and the receipt or receipts for the last premiums in respect thereof;
(f) Make new rules from time to time for the convenience, comfort and will being of all the other owners and occupiers of the property;
(g) Not amend/vary by-laws hereof without the unanimous approval of the proprietors of all the Strata Lots in this Strata Plan’
(h) Be entitled to take such steps as it considers necessary to prevent any proprietor from enjoying a supply of water to his Strata Lot if he is in breach of any of the by-laws or terms hereof;

4. The Corporation May: -

(a) Purchase, hire or otherwise acquire personal property for use by proprietors in connection with their enjoyment of common property;

(b) Borrow monies required by it in the performance of its duties or the exercise of its powers;

(c) Secure the repayment of monies borrowed y it, and the payment of interest thereon, by negotiable instrument, or mortgage of unpaid contribution (whether levied or not) or mortgage of any property vested in it, or b combination of those means;

(d) Invest as it may determine any monies in the fund for administrative expenses;

(e) Make an agreement with the proprietor or occupier of any Strata Lot for the provision of amenities or services by it to such Strata Lot or to the proprietor or occupier thereof:

(f) Do all things reasonably necessary for the enforcement of the by-laws and the control and management and administration of the common property.

(g) Grant to a proprietor the right to exclusive use and enjoyment of common property or special privileges in respect thereof provided that any such grant shall be determinable on reasonable notice unless the corporation by unanimous resolution other wise resolve;

(h) May by resolution of a majority of the proprietors make available to any person or persons or bodies the facilities provided on common property on payment of an appropriate fee for the use thereof.

General Meetings

5. A general meeting of proprietors shall be held within three (3) months after registration of the Strata Plan.

6. Subsequent general meetings (hereafter referred to al annual general meetings) shall be held once in each year: Provided that not more than fifteen (15) months shall elapse between the date of one annual general meeting and that of the next.

7. All general meetings other than the annual general meetings shall be called extraordinary general meetings.

8. The Corporation may whenever it thinks fit and shall upon a requisition in writing made by proprietors entitled to twenty-five per centum of the total unit entitlement of the Strata Lots convene an extraordinary general meeting.

9. Seven days’ notice of every general meeting specifying the place, the date and the hour of meeting and, in case of special business, the general nature of such business, shall be given to all proprietors and registered first mortgages who have notified their interests to the Corporation but accidental omission to give such notice to any proprietor or to any registered first mortgagee of non-receipt of such notice by any proprietor shall not invalidate any proceedings at any such meeting.

10. All business shall be deemed special that is transacted at an annual general meeting with the exception of the consideration of accounts, or at an extraordinary general meeting.

11. Save as is in these by-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. One-half of the persons entitled to vote present in person or by proxy shall constitute a quorum.

12. If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within half an hour form the time appointed for the meeting, the persons entitled to vote present shall be a quorum.

13. At the commencement of a general meeting, a chairman of the meeting shall be elected.
The Executive Committee

14. There shall be an Executive Committee of the Corporation which shall, subject to any restriction imposed or direction given at a general meeting, exercise the powers and perform the duties of the Corporation.

15. The Executive Committee shall consist of not less than three nor more than nine proprietors and shall be elected at the first general meeting of the Corporation and thereafter at each annual general meeting.

16. The Corporation may by resolution at an extraordinary general meeting remove any member of the Executive Committee before the expiration of his term of office and appoint another proprietor in his place to hold office until the next annual general meeting.

17. Any casual vacancy on the Executive Committee may be filled by the remaining members thereof.

18. The quorum of the Executive Committee shall be such number as the committee may fix from time to time, being not less than one-half the number of members thereof.

19. At the commencement of each meeting, the Executive Committee shall elect a Chariman for the meeting, and if any chairman so elected vacates the chair during the meeting, the Executive Committee shall elect in his stead another chairman.

20. At meetings of the Executive Committee, all matters shall be determined by simple majority vote and the Chairman shall, in addition to an original vote, have a casting vote in any case in which the voting is equal.

21. Subject to the provisions of these by-laws, the Executive Committee shall have power to regulate its own procedure.

22. The Executive Committee may : -

(a) Employ for and on behalf of the Corporation such agents and servants as it thinks fit in connection with the control, management and administration of the common property and the exercise and performance of the powers and duties of the Corporation:

(b) Subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its members such of its powers and duties as it thinks fit, and may at any time revoke such delegation.

23. The Executive Committee shall : -

(a) Keep minutes of its meeting;

(b) Cause proper books of account to be kept in respect of all moneys received and spent by it;

(c ) Prepare proper accounts relating to all moneys of the Corporation, and the income and expenditure thereof, for each annual general meeting;

(d) On the application of a proprietor or a mortgagee, or any person authorized in writing by either of them, make the books of account available for inspection at all reasonable times;

(e) Assign such spaces for parking motor vehicles in respect of each Strata Lot as it shall in its discretion decide.

24. The validity of the proceedings of the Executive Committee shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof.

Voting

25. At any general meeting, a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. Unless a poll is so demanded, a declaration by the Chairman that a resolution has on the show of hands been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favor of or against such resolution. A demand for a poll may be withdrawn.

26. A poll, if demanded, shall be taken in such manner as the Chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.

27. In the case of equality in the votes whether on a show of hands or on a poll, the Chairman of the meeting shall be entitled to a casting vote in addition to his original vote.

28. On a show of hands each proprietor shall have one vote: on a poll the votes of proprietors shall correspond with the unit entitlement of their respective Strata Lots.

29. On a show of hands or on a poll votes may be given either personally or by proxy.

30. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting. A proxy need not be a proprietor.

31. Except in cases where by or under the Act or these By-Laws a unanimous resolution is required, no proprietor shall be entitled to vote at any general meeting unless all contributions payable in respect of his Strata Lot have been duly paid.

32. Co-proprietors may vote by proxy jointly appointed by them, and in the absence of such proxy, shall not be entitled to vote on a show of hands, except when the unanimous resolution of proprietors is required by the Act or by these By-Laws: but any one co-proprietor may demand a poll. On any poll, such co-proprietor shall be entitled to such part of the vote applicable to a Strata Lot as is proportionate to his interest in the Strata Lot. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the Strata Lot of such of the joint proprietors as do not vote personally or by individual proxy.

33. Where proprietors are entitled to successive interests in a Strata Lot, the proprietor entitled to the first interest shall alone be entitled to vote, whether on a show of hands or a poll; and this By-Law shall be applicable whether by the Act or by these By-Laws the unanimous resolution of proprietors is required or not.

34. Where a proprietor holds his Strata Lot as a trustee he shall exercise the voting rights in respect of the Strata Lot to the exclusion of persons beneficially interested in the trust and such persons shall not vote.

Use of Common Seal

35. The Corporation shall at the first general meeting held after registration of the Strata Plan, and may from time to time, at subsequent general meetings, determine how the common seal of the Corporation shall be used.

Management of Condominium

36. The Executive Committee shall not later than three (3) months after the first general meeting of proprietors, determine the amount to be raised for administrative expenses for the control, management and administration of the common property and the discharge of the obligations of the Corporation. The amount so determined shall be apportioned between the various proprietors in the same proportions as the unit entitlement of each lot contained in the Strata Plan and the proportions so determined in respect of each proprietor shall be paid by annual, quarterly, monthly or weekly installments as determined by the Executive Committee. Each proprietor shall pay to the Corporation the amount of each installment due from time to time not later than seven (7) days from the due date as notified by the Executive Committee to the proprietor notwithstanding any difference or dispute which may have arisen between the proprietor and the Executive Committee. Any installment due from a proprietor which is thirty (30) days or more in arrears shall bear interest at the rate of twenty person (20%) per annum, which interest shall be paid by the proprietor, together with the payment of the installment due.

37. The Executive Committee shall open a bank account in the name of the Corporation in such bank or banks, as it deems necessary for the purposes of the Corporation and will cause all monies of the Corporation to be deposited therein.

38. All cheques drawn on any account of the Corporation shall be signed by any two(2) members of the Executive Committee and all cheques or other negotiable instruments for the credit of any such account shall be endorsed by any two (2) members of the Executive Committee unless and until the Executive Committee other wise determines.

39. A company or corporate body which is a member of the Executive Committee may by proxy, power of attorney or resolution of its directors or other governing body, appoint such person as it thinks fit to act as its representative on the Executive Committee and to attend meetings thereof and to vote at such meetings on behalf of the company or body corporate and such representative shall be entitled to act provided that notice in writing of his appointment shall have been given to the Executive Committee and where a company or corporate body is the only proprietor, a minute or resolution signed by its representative shall be deemed to be a resolution of the Executive Committee.

40. The Executive Committee may from time to time and at any time by resolution make any reasonable general rules for the management, conduct and administration of the common property. Such regulations may be restrictive of acts done thereon detrimental to its character of amenities. Any costs, charges and expenses incurred by the Corporation in respect of such regulations or of doing works providing services, shall be deemed to be properly incurred notwithstanding, the absence of any specific covenant or requirement to incur the same. A proprietor shall observe all such general rules at all times.

41. The Executive Committee by itself, its servants or agents shall be entitled to exclude and where deemed necessary or desirable, to remove or cause to be removed from the common property, any person who is in breach of or who would if he were a lot proprietor be in breach of any provisions of these By-Laws or rules made thereunder.

42. The aggregate liability of the Corporation, whether at law or in equity, for damage to property or injury to person (including damage to the lot of each proprietor) arising from any defect or want of repairs to the common property or of any water, gas, electricity, drainage, sewerage, telephone, television or electrical services, pipes or conduits passing through the common property for the maintenance of which the Corporation is responsible, shall bot exceed the aggregate amount of insurance monies (if any) recovered in respect of such damage or injury.

Liability for Invitees

43. The infringement or failure to adhere to any of theses By-Laws or rules made thereunder by a client, guest or licensee or invitee of any lot proprietor shall be deemed to be an infringement or failure to adhere thereto by the proprietor himself, and he shall be liable therefore.

BEACH HOUSE VILLAS STRATA BY-LAWS

(As amended at full board meeting held 18th April 2008)

(i). Board meetings to be held yearly at the end of February and at a location agreed by Board Members, having been given Thirty (30) days notice.

(ii). A Strata Unit owner has the right NOT to participate in the rental pool currently being operated by Beach House Villas.

(iii). A late fee charge of U$50.00 will be applied to all payments made Ten (10) days past either the invoice date or the confirming email date, whichever is sooner. ONLY repair bills specify to the Strata Unit may be disputed in writing.

(iv). All strata Unit owner’s decks, patios and roof tops (where applicable) are for the sole use of their owners, guests and renters. They can not be used by anyone else for any purpose, without prior written consent of the owner.

(v). Strata Unit owners can not lease their unit under any circumstance. Rental pool and a weekly rental arranged by the owners is acceptable. Special cases of rentals over Four (4) weeks can be requested to the Board for approval.

(vi). A non rental pool Strata Unit owner must pay their Jamaica Public Service bills directly.

(vii). National Water Commission bills shall remain in the name of the Strata Corporation.

(viii). All domestic help will be subject to Board approval.

(ix). A non rental pool Strata Unit owner, guests, rentals, etc. May not use the hotel’s complimentary beach towels, housekeeping service, laundry facilities, supplies, etc.


(x). A non rental pool Strata Unit owner, guests, rentals, etc. are exempt from the hotel’s gratuity/service charge.

(xi). Strata corporation parking lot is for sole use of the Strata owners. Parking is prohibited to all others.

(xii). Strata corporation common area, office, and bar/restaurant is reserved for the use of Strata owners, guests, tourists, etc. No employees, vendors, contractors, etc. are allowed.

(xiii). Strata Unit owners using washers and dryers in their unit are subject to board approval to insure proper installation.

(xiv). Strata Unit owners must bring their laundry to a Laundromat of their choosing. It can not be left in the front office, BHV’s laundry room, or any common areas.

(xv). Maintenance fees, insurance, property tax and assessment charges will be prorated by Strata Unit owners total square footage.

(xvi). Beach chairs will be maintained at 40 at all times for common area use.

(xvii). Non rental pool Strata Unit owners must pay all maintenance fees, water, taxes, insurance and other miscellaneous bills directly to Strata corporation within Ten (10) days of invoice date.

(xviii). There will be a Ten Thousand US$10,000 reserve.

(xix). Cable TV will be paid by Strata owners individually.

(xx) Any construction must commence after 10:00 AM excluding Saturday and Sundays, but still remains subject to the Board.

(xxi) Strata owners guests or personal rentals must give all guest information (name, address, phone #'s, e-mail, booking dates, etc.) to Vacation Properties, LTD/Beach House Villas when reservation is made.

(xxii) Strata owners must go through the Rental Pool for any previous/repeat Beach House Villas/Vacation Properties guests on all arrivals commencing 1/1/09.

(xxiii) All Strata owner visitors must sign in at the front desk when visiting and are not allowed on the property when the condo owner is not present unless approved by the Board.

(xxiv) All liability insurances shall be prorated by their Strata % of property.

(xxv) A spare key for Strata always be held by the manager for emergencies.

7) No keys are to be kept at the front office for NRPCO's.

(xxvi) Only RPCO's have the option to receive personal housekeeping as well as full housekeeping services for their personal use, bookings, and guests.

(xxvii) BHV's guests initiated by a Strata owner will remain the Strata owner's guest and not be solicited by other condo owners. All guests have the freedom to choose any condo that they wish to book.

10) Only RPCO's can rent their units privately and retain 100% of the proceeds.

(xxviii) Strata owners cannot advertise on any existing web site or paper advertising that BHV's/VP's is already
advertising in.

(xxix) BHV's and Strata employees cannot promote any water sports employees, taxis, etc. to anyone not approved by the Board.

(xxx) Any maintenance (repairs/maintenance/upgrades) should be done in September/October with the approval of the Board. Exceptions can be made with Board Approval.

© Copyright 2006 Beach House Villas, Negril, Jamaica