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.