L.R.O. 1/2012
LAWS OF GUYANA
CONDOMINIUM (REGULATION AND MISCELLANEOUS
PROVISIONS) ACT
CHAPTER 36:22
Act
4 of 1989
Amended by
29 of 1991

1 – 81 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
Condominium Regulations 70
(Reg. 8/1990)
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CHAPTER 36:22
CONDOMINIUM (REGULATION AND MISCELLANEOUS
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title
2. Interpretation.
PART II CONDOMINIUMS GENERALLY
Approval and Registration of Condominium Schemes
3. Approval of Minister required for condominium scheme.
4. Particulars of condominium scheme.
5. Approval of condominium scheme.
6. Time limit for approving condominium scheme.
7. Restriction on doing of certain things under condominium
scheme, unless scheme approved.
8. Approved condominium scheme required to be registered.
9. Registration of condominium scheme.
10. Certain matters relating to preparation of condominium scheme and
instrument describing condominium scheme.
11. Application of Land Surveyors Act.
12. Consequences of registration and non-registration of
condominium scheme.
13. Amendment of approved condominium scheme.
14. Condominium schemes for existing condominiums.
15. Fees for registration.
Body Corporate and Board of Management
16. Incorporation.
17. When body corporate not established.
PROVISIONS) ACT
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SECTION
18. By-laws of body corporate.
19. Voting rights. 20. Board of Management.
21. Functions of Board of Management.
22. Service of documents on body corporate or Board of Management.
23. Service of notice by body corporate or Board of Management
Rights and Liabilities of Unit Proprietors
24. Incidents of ownership of unit.
25. Transfer of units.
26. Easement relating to support.
27. Easement relating to shelter.
28. Easements relating to services.
29. Ancillary rights.
30. Compliance with by-laws, covenants, restrictions, etc.
31. Recovery of contributions.
32. Joint and several liability.
33. Charge on unit.
34. Extent of liability of unit proprietors.
Insurance of Property
35. Insurance by body corporate.
36. Power of unit proprietor to insure.
Repair and Reconstruction
37. Repair and reconstruction of building.
38. Scheme for repair or reconstruction of building.
39. Settlement of scheme by High Court for repair or reconstruction of
building.
Management of Property by Administrator
40. Appointment of administrator and his functions.

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SECTION
Sale and Partition of Property
41. Procedure and consequences of sale.
42. Cesser of application of Act to property.
43. Effect of order under section 42.
44. Application for apportionment of property, etc.
45. Winding up of body corporate.
General
46. Copies of instrument describing condominium scheme and by-laws
to be open for inspection.
47. Maintenance of accounts and audit.
48. Annual general meeting of body corporate.
PART III CONDOMINIUM IN PUBLIC SECTOR
49. Application of this Part.
50. Sale of units in certain cases.
51. Chairman of Board of Management in certain cases.
PART IV MISCELLANEOUS
52. Penalties.
53. Power of exemption from fees.
54. Power to make regulations.
________________

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CHAPTER 36:22
CONDOMINIUM (REGULATION AND MISCELLANEOUS
4 of 1989 An Act to regulate the division of properties into parts that
are to be owned individually and parts that are to be
owned in common and to make provision for the use
and management of such properties; to make provision
for the assignment of certain properties owned by the
Government, etc. to the tenants thereof; and for matters
connected therewith.
[15TH OCTOBER, 1990]
Short title.

Interpretation.
PART I PRELIMINARY
1. (1) This Act may be cited as the Condominium
(Regulation and Miscellaneous Provisions) Act.
(2) This Act shall apply also to condominiums
constructed or to be constructed by the Government under a
condominium scheme.
2. (1) In this Act—
“approved condominium scheme” means a condominium
scheme approved or deemed to be approved, by the
Minister under section 6;
“Board of Management”, in relation to any property, means
the Board of Management of the body corporate
established with reference to the property;
“body corporate”, in relation to any property, means a body
PROVISIONS) ACT
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corporate established under section 16;
“building” means any building or buildings to which a
condominium scheme applies and forming part of a
property;
“by-laws”, in relation to any property, means the by-laws
made by the body corporate established with reference to
that property, and includes, where the property is owned
by a company, the articles of association of the company;
“common expenses”, in relation to a property, means all sums
levied in accordance with this Act against unit
proprietors by the body corporate established with
reference to that property and includes—
(i) the expenses of the management of
the property;
(ii) any expenses, other than the expenses
referred to in paragraph(i), declared
to be common expenses by or under
this Act, the condominium scheme or
the by-laws applicable thereto; and
(iii) any other expenses declared to be
common expenses by the body
corporate;
“common property” means that part or parts of a property
designated as common property in a condominium
scheme;
“company” has the same meaning as in the Companies Act;
“condominium” means any building divided into units, each
unit being attached to, or dependent to a substantial
degree on, the other units forming the building for
support, shelter or easements relating to services referred
to in sections 26, 27 or 28, irrespective of whether the
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units of the condominium belong to different persons or
one person;
“condominium scheme” or “scheme” means a scheme in
relation to a condominium;
“management”, in relation to a property, means the control,
management and administration thereof, and includes
the maintenance, repair, replacement and improvement
of the common property;
“prescribed” means prescribed by regulations made by the
Minister;
“property” means any land to which a condominium scheme
relates and the building thereon together with all other
structures, installations, fixtures, easements, rights and
appurtenances belonging to or enjoyed with such land
and building;
“Registrar” has the same meaning as in the Deeds Registry
Act;
“unit” means part of a building which—
(A) is described as a unit by the
condominium scheme relating to the
property of which the building forms
part; and
(B) has direct access to a public road or
public place or to common property
leading to a public road or public
place, and includes—
(i) a balcony, terrace or patio; and
(ii) any place or construction
specified in the scheme as being
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Approval of
Minister
required for
condominium
scheme.

Particulars of
condominium
scheme.
contained within the limits and
boundaries of the unit, or
forming part thereof, whether
or not contiguous therewith;
“unit entitlement” means the unit entitlement of a unit fixed
in accordance with section 10 (c);
“unit proprietor” means the person registered as proprietor of
a unit in accordance with this Act, and includes any
person lawfully entitled to exercise any of the powers of
a unit proprietor.
(2) A reference in this Act to construction of any
building under a condominium scheme shall be deemed to
include a reference to conversion of any existing building into
units.
PART II
CONDOMINIUMS GENERALLY
Approval and Registration of Condominium Schemes
3. Where it is proposed to construct on any land any
condominium, or to convert any existing building into a
condominium, for residential, business or commercial
purposes, or any combination of such purposes, a
condominium scheme in relation thereto shall be submitted to
the Minister for approval by the promoter, or, if there are
more promoters than one, by all the promoters of the scheme.
4. (1) A condominium scheme submitted for the
approval of the Minister under section 3 may be in several
parts, shall have annexed thereto, besides the drawings, plans
and estimates referred to below such drawings, plans and
schedules as may be prescribed or may be deemed necessary
or convenient by the promoter or promoters of the scheme
and shall contain or have annexed thereto the following—
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(a) a title or heading describing it as a
condominium scheme;
(b) a statement of the interests which the
promoter or promoters of the scheme
have in the property;
(c) a statement expressly declaring the
property comprised in the scheme to
be subject to the provisions of this
Act;
(d) a description of the land comprised in
the scheme sufficient to identify it,
and its location, precisely, with a
survey plan thereof prepared and
certified by a land surveyor;
(e) a description of the building,
including its location in relation to the
land comprised in the scheme, the
number of storeys, basements, cellars
and units;
(f) the principal materials of which the
building is proposed to be
constructed or, in the case of the
conversion of an existing building
into a condominium, the principal
materials of which the existing
building is constructed and proposed
to be used for its conversion into a
condominium;
(g) a description of every unit by
reference to its number or other
symbol, location, approximate floor
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area and limits and boundaries
defined in accordance with section 10
(a) and any other data necessary for
its proper identification, with copies
of the drawings or plans of the
building prepared in accordance with
the requirements of section 10 (d);
(h) an estimate, with necessary
particulars, of the cost of construction
of the building, where a new building
is proposed to be constructed, or, in
the case of the conversion of an
existing building into a condominium,
of the present value of the building
and the cost of its conversion into a
condominium;
(i) a description by reference to location,
area and limits and boundaries of the
common property with a plan thereof
prepared by a land surveyor;
(j) a statement of covenants, conditions,
and restrictions affecting the use,
occupancy and transfer of each unit in
the building;
(k) a statement of the financial resources
and experience of the promoter or
promoters of the scheme; and
(l) such other particulars as may be
prescribed.
(2) Where the plan of a building proposed to be
constructed under a condominium scheme is required by any
written law to be approved by any authority other than the
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Approval of
condominium
scheme.
Minister, then the condominium scheme shall be submitted
by the promoter or promoters thereof for the approval of the
Minister only after the plan for the building has been
approved by that authority.
(3) A condominium scheme submitted for the
approval of the Minister under section 3 shall be accompanied
by such fees as may be prescribed.

(4) In this section “land surveyor” has the same
meaning as in section 2 of the Land Surveyors Act.
5. (1) Where the Minister is satisfied that a
condominium scheme is consistent with the provisions of this
Act and any other written law applicable thereto and is in the
public interest, he may, by order, approve the scheme and if
he is not so satisfied he may reject the scheme:
Provided that the Minister may, within a period of six
months after the submission of a condominium scheme for
his approval, and not thereafter, direct the promoter or
promoters of the scheme to amend it in such manner as may
be specified by the Minister.
(2) Without prejudice to the provisions of
subsection (1), in approving or rejecting a condominium
scheme the Minister shall have regard to the financial
resources and experience of the promoter or promoters of the
scheme.
(3) It shall be lawful for the Minister, before
approving or rejecting a condominium scheme to direct the
promoter or promoters of the scheme to furnish to the
Minister or any other person specified by him, within such
time as may be specified by the Minister, such particulars or
clarifications, in respect of the scheme, as may be specified by
the Minister and where the promoter or promoters refuse or
fail to comply with the direction within the time so specified,
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Time limit for
approving
condominium
scheme.

the Minister may reject the scheme.
(4) No condominium scheme shall be rejected by
the Minister under subsection (1) unless the promoter or the
promoters have been given a reasonable opportunity of being
heard.
6. (1) The Minister shall decide before the expiry of a
period of six months from the date of the submission of a
condominium scheme, whether he approves or rejects the
scheme or whether the scheme requires amendment and
where the Minister does not, within that period, communicate
to the promoter, or, if there are more promoters than one, to
one of the promoters, of the scheme, in the prescribed
manner, his decision to reject the scheme or his direction for
its amendment, the scheme shall be deemed to have been
approved by the Minister.
(2) Where an amended condominium scheme is
submitted to the Minister pursuant to a direction by him
under the proviso to section 5 (l), the Minister shall decide
before the expiry of three months from the date of the
submission thereof whether he approves or rejects the scheme
as amended and where the Minister does not within that
period communicate to the promoter, or, if there are more
promoters than one, to one of the promoters, of the scheme, in
the prescribed manner, his decision to reject the amended
scheme, the amended scheme shall be deemed to have been
approved by the Minister.
(3) Every approval or rejection of a condominium
scheme, or a direction to amend it, by the Minister shall be
communicated to the promoter, or, if there are more
promoters than one, to any one of the promoters, who
submitted the scheme for approval, in such manner as may be
prescribed.

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Restriction on
doing of certain
things under
condominium
scheme, unless
scheme
approved.


7. (1) No person shall, unless a condominium scheme
has been approved—
(a) start the construction of any building,
or the conversion of any existing
building into units, under that
scheme;
(b) accept any sum of money from any
person for, or in connection with, the
sale of any unit of the building,
including as an advance towards the
price of any such unit or as a deposit
under any agreement to sell the unit;
or
(c) do any other thing under the scheme.
(2) When approving a condominium scheme the
Minister may impose such conditions as he thinks fit and
without prejudice to the generality of the foregoing, and in
particular, where the promoter or promoters of the scheme
seek to accept, from the prospective purchasers of units, or
the public, deposits of sums of money, such conditions as in
the opinion of the Minister are necessary to safeguard the
interests of the persons from whom the deposits of money are
received by the promoter or promoters, including conditions
relating to payment of such sums to an account to be
maintained by the promoter or promoters for that purpose in
a bank, restricting withdrawals from that account to meet the
expenses of executing the scheme, maintenance of proper
accounts by the promoter or promoters and auditing of such
accounts at such intervals as may be specified by the Minister.
(3) Without prejudice to the provisions of
subsection (2), the approval by the Minister of a
condominium scheme shall be subject to such conditions as
may be prescribed.
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Approved
condominium
scheme
required to be
registered.

8. (1) An instrument describing an approved
condominium scheme shall, as soon as may be after the
completion of the construction of the building under the
scheme, be submitted to the Registrar for registration by the
promoter or promoters of the scheme or the owner or owners
of one or some or all of the units of the building:
Provided that where an instrument describing a
condominium scheme is presented for registration only by the
promoter or promoters of the scheme or by the owner or
owners of one or some of the units of the building, notice of
the application for registration shall be given, in such manner
as may be prescribed, to the owners of the units of the
building, who have not joined in the application for
registration, giving them a reasonable opportunity of being
heard in respect of the ownership of the units of the building.
(2) An instrument describing a condominium
scheme shall contain—
(a) the particulars referred to in section 4
(1) as approved by the Minister;
(b) a schedule specifying the unit
entitlement of each unit expressed in
the manner specified in section 10 (c);
(c) the names and addresses, and such
other particulars as may be
prescribed, of the proprietor of each
unit of the building;
(d) the name of the body corporate, the
appropriate number of the
condominium scheme to be inserted
by the Registrar upon the registration
of the said scheme, as provided in
section 9 (1);
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Registration of
condominium
scheme.

(e) the by-laws applicable to the
property;
(f) any other matter (not inconsistent
with this Act) relating to the property
which the person or persons
executing the instrument think
desirable and which the Registrar
approves;
(g) a statement of the manner in which,
and the conditions subject to which,
the scheme may be amended by the
unit proprietors, the amendment
being not inconsistent with this Act;
(h) such other particulars as may be
prescribed.
(3) Every application under subsection (1) for the
registration of an instrument describing a condominium
scheme shall be accompanied by the order of the Minister
approving the scheme, except where scheme is deemed to be
approved by the Minister under section 6 (1) or (2).
(4) In this section owner of a unit of a building
means a person who shall be the owner of the unit but for the
provisions of section 12 (3).
9. (1) Where the Registrar is satisfied that—
(a) the condominium scheme has been
approved by the Minister under
section 5 or is to be deemed to be
approved by the Minister under
section 6; and

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Certain matters
relating to
preparation of
condominium
scheme and
instrument
describing
condominium
scheme.
(b) the instrument of the condominium
scheme is in accordance with the
provisions of this Act,
he may register the instrument of the condominium scheme
and insert in the blank space provided therefor in that
instrument the appropriate number of the scheme.
(2) Where the instrument of the condominium
scheme is not in accordance with the provisions of this Act,
and the Registrar deems it just and proper to do so, he may
return it to the person or persons, who have presented it for
registration, for amending it, so as to conform to the
provisions of this Act, and presenting it again for registration.
(3) An instrument describing a condominium
scheme shall not be registered by the Registrar until the
scheme has been approved by the Minister.
(4) No instrument describing a condominium
scheme which is presented to the Registrar for registration
under section 8 shall be refused to be registered unless the
Registrar has given to the person or persons who presented it
for registration a reasonable opportunity of being heard.
10. In any condominium scheme submitted under
section 3 for the approval of the Minister or instrument
describing a condominium scheme submitted under section 8
to the Registrar for registration—
(a) the limits and boundaries of each unit
under the scheme shall, so far as is
practicable, be defined by reference to
floors, walls and ceilings and, unless
the scheme otherwise provides, the
common boundary of a unit with
another unit or with the common
property shall be the line that passes
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at every point through the centre of
the thickness of the floor, wall or
ceiling, as the case may be;
(b) the limits and boundaries of the
common property shall be defined in
accordance with regulations made by
the Minister;
(c) the unit entitlement of a unit under
the scheme shall be expressed as a
fraction or percentage and shall be
fixed either—

(i) as the approximate proportion
which the estimated price of the
unit at the date of the
submission of the scheme
under section 3 for the approval
of the Minister bears to the then
aggregate estimated price of all
the units under the scheme
taken together; or
(ii) as the approximate proportion
which the floor area of the unit
bears to the aggregate floor
area of all the units taken
together, and the estimated
price referred to in paragraph
(i) shall reflect any substantially
exclusive advantages which
may be enjoyed by one or more,
but not all, unit proprietors in
any part of the common
property;
(d) the drawings and plans required to be
attached to the scheme shall—

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Application of
Land Surveyors
Act.
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Consequences
of registration
and non-
registration of
condominium
scheme.
(i) be a complete set of drawings
and plans of each floor,
basement and cellar of the
building;
(ii) describe each unit by reference
to its layout, location,
designation and approximate
dimensions.
11. (1) The provisions of the Land Surveyors Act shall
apply to any plan or drawing, in respect of any land,
prepared or furnished under this Act to the extent to which
those provisions are not inconsistent with the provisions of
this Act.
(2) Where any doubt arises as to whether in a
particular case—
(a) the provisions of the Land Surveyors
Act; or
(b) the provisions of this Act,
have been complied with in relation to any plan or drawing in
respect of any land, the signature of approval of the
Superintendent of Surveys on the plan or drawing shall be
prima facie evidence that in relation to the plan or drawing
the aforesaid provisions have been complied with sufficiently
so as to authorise the Registrar to register the condominium
scheme to which it relates.
12. (1) When an instrument describing a scheme is
registered it shall be binding on the proprietors of all the units
of the building to which it relates and shall constitute
constructive notice of its provisions to subsequent purchasers
and all other persons.
(2) Upon the registration of an instrument
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Amendment of
approved
condominium
scheme.

describing an approved condominium scheme—
(a) the building comprised in the scheme
shall be deemed to be divided into
units, each unit having such limits
and boundaries as are described in
the instrument describing the scheme;
(b) every person mentioned in the
scheme as the owner of any unit of
the building shall, notwithstanding
anything contained in any other
written law, be deemed to be
registered as the proprietor of the
unit;
(c) the common property described in the
scheme shall be held in undivided
shares by all the unit proprietors in
accordance with section 24 (1).
(3) Unless an instrument describing an approved
condominium scheme has been registered by the Registrar,
the division of any property purported to be effected by the
scheme shall be of no effect and any purported transfer or
other disposition of any unit or land comprised in the scheme
shall be null and void.
13. (1) An approved condominium scheme may be
amended with the approval of the Minister.
(2) Every amendment of an approved
condominium scheme shall, within six months of the
amendment, be registered with the Registrar and unless so
registered the amendment of the scheme shall not be valid
and shall not in any way affect the property to which the
scheme relates:

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Condominium
schemes for
existing
condominiums.
[6 of 1997]
Provided that the aforesaid period of six months may he
extended by the Minister for good and sufficient reason.
(3) The procedure for the amendment of an
approved condominium scheme and the registration of the
amendment shall be such as may be prescribed.
14. (1) Within six months after the date on which this
Act comes into operation the owner or owners of the units of
every condominium existing on the aforesaid date shall
prepare an instrument describing a condominium scheme in
respect of that condominium and submit the scheme to the
Registrar for registration.
(2) A condominium scheme referred to in
subsection (1) shall not require the approval of the Minister
under this Act.
(3) Every such instrument prepared in respect of a
condominium under subsection (1) shall contain the
particulars referred to in section 8(2).
(4) Where the Registrar is satisfied that the scheme
contains the particulars referred to in section 8(2) and is
otherwise in accordance with the provisions of this Act, the
Registrar shall register the scheme and on such registration,
save as otherwise provided in this Act, the provisions of this
Act shall apply to, and in relation to the condominium
scheme, the property to which the scheme relates and the
proprietor of every unit of the building forming part of the
property, as if the scheme were an approved condominium
scheme registered under section 9.
(5) Where the owner or owners of the units of any
condominium referred to in subsection (1) refuse or fail to
comply with subsections (1) and (3), each one of them who
wilfully refuses or fails to do so shall on summary conviction
be liable to a fine of fifteen thousand dollars, and for every
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Fees for
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Incorporation.

day, after the first day, on which such wilful refusal or failure
continues to a further fine of one thousand five hundred
dollars for each such day.
(6) A complaint for an offence under subsection (5)
shall be made only by a public officer authorised by the
Minister in that behalf.
(7) Without prejudice to the provisions of
subsection (5), every transfer of the whole or any part of any
condominium referred to in subsection (1) after the coming
into operation of this Act shall be null and void if made
before the instrument describing a condominium scheme in
respect of that condominium is registered by the Registrar
under subsection (4).
15. (1) There shall be paid to the Registrar such fees as
may be prescribed for the registration of an instrument
describing a condominium scheme or any amendment
thereto.
(2) Notwithstanding anything contained in
subsection (l), the Minister may by order direct that no fees
shall be payable under that subsection for the registration of
any instrument describing a condominium scheme in respect
of any condominium owned or promoted by the Government,
any local Government authority, the Central Housing and
Planning Authority constituted under the Housing Act or any
corporate body owned by, or in which the controlling interest
vests in, the State or any agency on behalf of the State.
Body Corporate and Board of Management
16. (1) Upon registration of a condominium scheme
under this Act, the proprietors from time to time, of all the
units under the scheme shall be deemed to be established as a
body corporate with the name and number referred to in
section 8 (2) (d).

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When body
corporate not
established.
(2) The provisions of any enactment relating to the
incorporation and winding up of companies shall not apply
to any body corporate referred to in subsection (1).
(3) Subject to the provisions of this Act, the
Minister may by order apply to a body corporate any
provision of the Companies Act with such modifications,
exceptions and qualifications, as he may specify in the order.
(4) An order under subsection (3) shall be subject
to negative resolution of the National Assembly.
17. (1) The provisions of section 16 shall not apply in
respect of a condominium scheme where and so long as the
whole of the property under the scheme is owned by—
(a) a company or other corporate body;
or
(b) the Government, any local
government authority or one
individual.
(2) In any case where the whole of the property
under a condominium scheme is owned by a company or
other corporate body, the Board of Directors of the company
or the management committee of the corporate body, by
whatever name called, shall be responsible for complying
with the provisions of the scheme and this Act in respect of
that property.
(3) Where the whole of the property under a
condominium scheme is owned by the Government, a local
Government authority or one individual, it or he shall be
responsible for complying with the provisions of the scheme
and this Act in respect of that property.
(4) In a case referred to in subsection (1), with
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By-laws of
body corporate.
effect from the date on which any unit in the property ceases
to be held by the company, other corporate body, the
Government, the local Government authority or the
individual, as the case may be, the proprietors of all the units
under the scheme shall be deemed to be established as a body
corporate under the name “The proprietors, Condominium
Scheme No...... (the appropriate number of the scheme as
given by the Registrar under section (9) (1) to be inserted in
the blank space)” and the other provisions of this Act shall
apply accordingly.
18. (1) Subject to the provisions of this Act, everybody
corporate shall make by-laws in relation to the management
of its affairs and the affairs of its Board of Management and
the management of the property with reference to which it is
established.
(2) Without prejudice to the provisions of
subsection (1), the by-laws made by a body corporate may, in
particular, provide for all or any of the following matters—
(a) the procedure for the transaction of
the business of the body corporate,
including the quorum for its meetings
and the procedure in relation to
special and other resolutions;
(b) the date within which the annual
general meeting shall be held;
(c) the constitution, and the procedure
for the election of the members of its
Board of Management;
(d) the procedure for removal from office
of members of the Management
Board;

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(e) the functions of the Board of
Management;
(f) the procedure for the transaction of
the business of the Board of
Management, including the quorum
for its meetings;
(g) the management of the property of
the body corporate by the Board of
Management;
(h) the determination and manner of
collection from unit proprietors of
common expenses in relation to the
said property;
(i) the rate of interest payable to the
Board of Management on unpaid
contributions from a unit proprietor;
(j) such requirements and restrictions
respecting the maintenance and use of
units and the use of common
property, not set forth in the
condominium scheme, as are
designed to prevent unreasonable
interference with the use of units by
persons entitled to use them, or
restricting the use of certain parts of
the common property exclusively to
persons entitled to use certain units;
(k) such other matter as may be
prescribed.
(3) Every unit proprietor under any condominium
scheme and the body corporate established with reference to
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Voting rights.
that scheme shall be bound by the by-laws made or deemed
to be made by the body corporate.
(4) Subject to the provisions of this Act, the by-
laws made by a body corporate may prescribe the
consequences of non-compliance with any by-law by a unit
proprietor, who is a member of the body corporate, or by the
body corporate.
(5) The by-laws made or deemed to be made by a
body corporate shall not be amended or repealed except by
special resolution.
(6) The by-laws made by a body corporate and any
amendment or repeal thereof shall not come into operation
unless and until registered with the Registrar.
(7) Save as may otherwise be specifically provided
by by-laws made by a body corporate established with
reference to a condominium scheme, the by-laws set out in
the Schedule shall have effect in relation to the property to
which that condominium scheme relates, the body corporate
and its Board of Management as if they were by-laws made
by the body corporate.
(8) There shall be paid to the Registrar such fees as
may be prescribed for the registration of the by-laws made by
a body corporate and any amendment or repeal of those by-
laws.
19. (1) Any powers of voting conferred by or under this Act may be exercised—
(a) in the case of a unit proprietor who is
an infant, by his guardian; and
(b) in the case of a unit proprietor who is
for any reason unable to manage his
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property, by the person for the time
being authorised in law to manage
that property.
(2) Where on the application of a body corporate or
any unit proprietor the High Court is satisfied that there is no
person able, or that no person can be traced who is able, to
vote in accordance with subsection (1), the High Court—
(a) shall, in cases where a unanimous
resolution is required by or under this
Act; and
(b) may, in any other case,
appoint the Registrar of the Supreme Court or some other fit
and proper person for the purpose of exercising such powers
of voting under this Act as the Court determines.
(3) Subject to subsections (4) to (6) (inclusive),
where a unit is subject to a mortgage, which is registered
under any written law applicable in relation to the
registration of mortgages, and notice in writing of the
mortgage has been given to the body corporate, the right of
voting, conferred upon the unit proprietor of that unit by or
under this Act, may be exercised by the mortgagee first in
priority and shall not be exercised by the unit proprietor
unless he first obtains the consent in writing of such
mortgagee.
(4) Where a unit proprietor applies to a mortgagee
for the consent required by subsection (3), the mortgagee shall
not unreasonably refuse or withhold such consent.
(5) A mortgagee of a unit of any property, may at
any time by notice in writing to the unit proprietor of that
unit and the body corporate established for that property,
revoke a consent given by him under subsection (3).
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Board of
Management.

Functions of
Board of
Management.

(6) The right conferred upon a mortgagee by
subsection (5) shall not be unreasonably exercised.
20. (1) There shall be a Board of Management for
everybody corporate consisting of a chairman and such other
members as may be specified by the by-laws, elected from
among themselves by the unit proprietors who are the
members of the body corporate:
Provided that where the unit proprietors who are
members of a body corporate are not more than five, the
Board of Management shall consist of all such unit
proprietors.
(2) In any election of members of a Board of
Management of a body corporate, each unit proprietor who is
a member of that body corporate shall have only one vote and
the person who gets a larger number of votes shall be
preferred to the person who gets a lesser number of votes
than him, and if it becomes necessary to decide who among
two or more persons, in whose favour equal number of votes
have been cast, is to be declared elected, one of them shall be
chosen by lot by the person holding the elections, in the
presence of as many members of the body corporate as are
desirous of being present, and the person so chosen shall be
declared to be elected.
(3) Subject to the provisions of this Act and the by-
laws made by a body corporate, the Board of Management of
the body corporate may regulate its own procedure.
21. (1) A Board of Management of a body corporate
shall—
(a) manage the property of a
condominium scheme with reference
to which it is established, for the
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benefit of all unit proprietors under
the scheme and be responsible for the
enforcement of the by-laws made in
relation to the property;
(b) keep the common property in a state
of good repair;
(c) insure and keep insured the property
(in respect of which the body
corporate shall be deemed to have an
insurable interest)—
(i) for the replacement value
thereof against loss or damage
from fire, unless the unit
proprietors by unanimous
resolution otherwise decide;
(ii) against such other risks as the
unit proprietors may by special
resolution determine;
(d) comply with notices or orders issued
by any competent public authority
requiring repairs to, or work to be
done, in respect of the property;
(e) carry out the directions of the unit
proprietors expressed by resolution or
in such other manner as may be
specified by the condominium
scheme, in respect of which it is
established, or the by-laws applicable
thereto; and
(f) carry out such other duties as may be
specified by the condominium scheme
in respect of which it is established or
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the by-laws applicable thereto.
(2) A Board of Management of a body corporate
shall be entitled to—
(a) establish and maintain a fund
sufficient in the opinion of the body
corporate for—
(i) the management of the
property;
(ii) the payment of any premiums
of insurance;
(iii) the establishment of reserves
for capital improvements or
renewals of common property;
and
(iv) the discharge of any other
obligations of the body
corporate or the Board of
Management.
(b) expend sums of money for repairs or
other work undertaken by it in
respect of the property or any part
thereof and which it is required or
entitled to undertake under this Act
or the condominium scheme, or for
complying with any notice or order
issued by a competent public
authority;
(c) determine from time to time amounts
of money to be raised for the
purposes referred to in paragraphs (a)
and (b);
(d) raise the amounts of money as
determined under paragraph (c) by
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Service of
documents on
body corporate
or Board of
Management.
levying contributions on the unit
proprietors in proportion to the unit
entitlement of their respective units;
(e) employ such staff as it thinks
necessary to carry out its functions;
(f) receive the proceeds of any insurance
taken out by the Board of
Management in respect of the
property in trust for the unit
proprietors, who are members of the
body corporate, in proportion to their
respective interests and, subject to the
provisions of this Act apply the same
for the repair or reconstruction of the
whole or part of the building or for
such other purposes as may be
determined by the body corporate;
(g) exercise any other powers conferred
on the body corporate or the Board of
Management by the condominium
scheme in respect of which it is
established or the by-laws applicable
thereto.
(3) All agreements, decisions and determinations
lawfully made by a Board of Management of a body
corporate in accordance with this Act, the relevant
condominium scheme and the by-laws made by the body
corporate shall be binding on all unit proprietors who are
members of the body corporate.
22. (1) Everybody corporate and Board of
Management shall maintain an office in the property in
relation to which the body corporate and Board of
Management is established.
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Service of
notice by body
corporate or
Board of
Management.

(2) There shall be provided and fixed at a
prominent and easily accessible place of the office—
(i) a notice board; and
(ii) a receptacle suitable for the purposes
of receiving letters and other articles
by post or otherwise.
(3) Everybody corporate and Board of
Management shall nominate a person to receive the service of
summonses, notices or other processes and the name and
place of residence or business (which shall be located within
twenty miles from the property in respect of which the body
corporate or the Board of Management is established) of such
person shall be—
(a) exhibited on the notice board referred
to in subsection (2);
(b) registered with the Registrar upon the
payment of such fee as may be
prescribed; and
(c) published in the Gazette.
23. (1) Every proprietor or mortgagee of a unit or any
other person having an interest in any unit shall register with
the Board of Management in respect of that unit an address
for the service of notices upon him.
(2) Any notice which is required to be, or may be,
given under this Act by a body corporate or Board of
Management to any persons referred to in subsection (1)
shall, save as otherwise provided in this Act, be sent by
registered post addressed to the person for whom it is
intended at the address registered by him with the Board of
Management under subsection (1).

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Incidents of
ownership of
unit.
(3) When any notice referred to in subsection (2) is
sent from Guyana to an address in another country it shall be
sent by registered airmail.
(4) Any notice sent under this section by post to an
address in Guyana shall, unless otherwise proved, be deemed
to be served on the person to whom it is addressed on the
seventh day after the day on which the notice is posted, and
any notice sent under this section, by airmail to an address
outside Guyana, shall unless otherwise proved, be deemed to
be served on the person to whom it is addressed on the
thirtieth day after the day on which the notice is posted.
Rights and Liabilities of Unit Proprietors
24. (1) The undivided share of each unit proprietor in
the common property under any condominium scheme shall
be of the same fraction or percentage of the whole common
property as his unit entitlement is of the aggregate of all the
unit entitlements under the scheme, and shall be held as a
tenant in common with all other persons who are for the time
being unit proprietors under the scheme.
(2) Save as otherwise provided in section 41, no
share in the common property shall be disposed of except as
appurtenant to the unit to which it relates and any disposition
of a unit shall operate to dispose of the share of the disposing
party in the common property appurtenant thereto, in favour
of the person in whose favour the unit is disposed of, without
express reference thereto.
(3) Save as otherwise provided by section 44, no
unit proprietor under any condominium scheme or other
person shall be entitled to bring any action for partition or the
division of the whole or any part of or interest in the common
property to which the scheme relates.
(4) The unit entitlement under any condominium
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Transfer of
units.

c. 5:01

scheme shall, unless otherwise provided by the scheme or by-
laws, determine—
(a) the proportion of the common
expenses payable from time to time as
contributions by each unit proprietor;
and
(b) the interest of a unit proprietor in the
property upon termination of the
application of this Act to the property.
(5) The unit entitlement under any condominium
scheme shall have a permanent character and shall not be
varied unless all the unit proprietors affected consent thereto
in the manner specified by the scheme.
(6) Unless otherwise provided by the scheme, no
unit proprietor shall be entitled to subdivide his unit.
25. (1) Subject to the other provisions of this Act, each
unit together with the undivided share in the common
property held therewith shall for all purposes constitute an
interest in land and may be disposed of or dealt with in the
same manner and form as land under the Deeds Registry Act.
(2) Every instrument relating to a unit shall include
the following particulars—
(a) a description of the property,
including a reference to the folio
where the scheme is registered;
(b) the unit number or symbol of the unit
and any other data necessary for its
proper identification;
(c) a statement as to the user of the unit
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Easement
relating to
support.

Easement
relating to
shelter.

Easements
relating to
and any covenants, conditions and
restrictions relating thereto; and
(d) the unit entitlement.
26. In respect of each unit under a condominium
scheme there shall be implied—
(a) in favour of the proprietor of such
unit and as appurtenant thereto, and
as against other unit proprietors
under the scheme, an easement for the
subjacent, suprajacent and lateral
support thereof by every other unit
and by the common property, to the
extent to which it is capable of
providing such support;
(b) as against the proprietor of such unit
and to which the unit shall be subject,
and in favour of every other unit
proprietor under the scheme, an
easement for the subjacent,
suprajacent and lateral support of
every other unit and of the common
property, to the extent to which the
unit is capable of providing it.
27. (1) Every unit proprietor shall be entitled, as
appurtenant to his unit, to have the unit sheltered by all such
parts of the building as are capable of affording shelter.
(2) The right of shelter created by this section shall
be an easement to which all of the said parts as are capable of
affording the shelter shall be subject.
28. In respect of each unit under a condominium
scheme there shall be implied—
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services.

Ancillary
rights.
(a) in favour of the proprietor of such
unit and as appurtenant thereto, and
as against other unit proprietors
under the scheme, such easements, as
may be provided in the scheme, for
passage, or for provision of water,
sewerage, drainage, gas, electricity,
garbage, artificially heated or cooled
air and other services (including
telephone, radio and television
services) through or by means of any
pipes, wires, cables or ducts for the
time being existing in the property,
including other units, to the extent to
which those pipes, wires, cables or
ducts are capable of being used for
the purpose of enjoyment of those
easements;
(b) as against the proprietor of such unit
and to which the same shall be
subject, and in favour of every other
unit proprietor under the scheme,
such easements, as may be provided
in the scheme for passage, or for
provision of the services mentioned in
paragraph (a) through or by means of
any pipes, wires, cables or ducts for
the time being existing within such
unit, to the extent to which those
pipes, wires, cables or ducts are
capable of being used for the
enjoyment of those easements.
29. All ancillary rights and obligations reasonably
necessary to make those easements effective shall apply in
respect of any easement implied or created by this Act.
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Compliance
with by-laws,
covenants,
restrictions, etc.
30. (1) Without prejudice to any other provision of this
Act every proprietor, with reference to any property, his
tenants, the employees of such proprietor or tenants, and any
other person who in any manner use the property shall be
subject to and shall comply with any by-laws in force relating
to the orderly conduct and proper use of the property.
(2) Every unit proprietor and any person deriving
any interest in the unit, or the common property appurtenant
thereto, from such unit proprietor, shall comply strictly with
the covenants, conditions and restrictions set forth in the
relevant condominium scheme or in any other instrument
relating to the unit, and all such covenants, conditions and
restrictions shall run with and bind the unit.
(3) An action to enforce the provisions of this
section shall be maintainable by the relevant Board of
Management or by an aggrieved unit proprietor.
(4) In any action arising from the breach of any by-
law referred to in subsection (1) by any person referred to
therein, or any covenant, condition or restriction referred to in
subsection (2) by any person referred to therein, the court
may, in addition to giving equitable relief by way of an
injunction or otherwise, award damages against such person
or direct the relevant Board of Management to take such steps
as the court thinks reasonable to remedy the breach and to
recover from such person any expenses incurred in relation
thereto.
(5) In any case of wilful or repeated failure by any
person to comply with by-laws, covenants, conditions or
restrictions referred to in subsection (l) or (2), on an
application made therefor by the relevant Board of
Management, the High Court may order such person to give
sufficient security with or without surety or sureties for his
future compliance with the said by-laws, covenants,
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Recovery of
contributions.

Joint and
several liability.
conditions or restrictions, as the case may be.
31. (1) A contribution levied by a Board of
Management of a body corporate on any unit proprietor, who
is a member of it, shall be due and payable by the unit
proprietor on the expiry of seven clear days after the service
on him of a notice in writing of the levy of such contribution.
(2) Any contribution which is not paid by a unit
proprietor upon its becoming due from him may be recovered
as a debt by the Board of Management levying it.
(3) A unit proprietor shall not be entitled to
exempt himself from his liability to make contributions to the
Board of Management by waiver of the use or enjoyment of
any of the common property or by the abandonment of his
unit.
32. (1) Upon the transfer of a unit the transferee shall
be jointly and severally liable with the transferor for all
unpaid contributions due by the latter to the relevant Board of
Management up to the date of the transfer, but a transferee of
a unit who makes any payment under this subsection shall be
entitled to recover it from the transferor of the unit.
(2) For the purposes of this section, on the
application of any unit proprietor or any person authorised in
writing by him, the Board of Management in respect of that
unit shall give a certificate stating—
(a) the amount of any contribution which
on the date of such certificate is due
and payable to it by such unit
proprietor;
(b) the time within which such
contribution is payable and any such
certificate shall, unless otherwise
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Charge on
proved, be conclusive as against such
unit, proprietor and the Board of
Management.
33. (1) Subject to subsection (2), any unpaid
contribution due from the proprietor of a unit, together with
interest thereon at such rate as may be specified in the
relevant by-laws, shall constitute a charge on such unit with
effect from the date on which the contribution or the interest,
as the case may be, becomes payable.
(2) The charge on a unit created by subsection (l)
shall not become effective until a notice in writing under the
common seal of the body corporate is registered with the
Registrar, by the Board of Management of the body corporate,
stating—
(a) the name of the body corporate and
the address of the property;
(b) the reference to the folio in which the
relevant condominium scheme is
registered;
(c) the name of the proprietor of the unit
and the unit number or symbol of the
unit and any other data necessary for
its identification.
(d) the amount due by way of
contribution and the date on which it
is payable;
(e) the rate of interest payable on the
amount.
(3) A charge created by subsection (1) shall
continue in force until—
unit.
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c. 6:04

Extent of
liability of unit
proprietors.
(a) all sums by way of contribution and
interest are fully paid; or
(b) the expiry of six years from the date
on which a notice in respect of the
charge was registered with the
Registrar under subsection (2) or the
date on which last payment (if any)
was made on account of such
contribution or interest thereon,
whichever first occurs.
(4) Upon payment of all sums, including interest,
secured by a charge under subsection (1) the unit proprietor
shall be entitled, on demand made to the Board of
Management of the relevant body corporate, to a certificate
under the common seal of the body corporate in respect of the
payment and on the registration of such certificate with the
Registrar such charge shall be deemed to be satisfied.
(5) Without prejudice to other rights available to a
Board of Management to recover the sums secured by a
charge created by subsection (1), section 4 of the Debtors Act
shall mutatis mutandis apply in relation to the sums so secured
on the court awarding a judgement for the sums in favour of
the relevant Board of Management.
(6) Such fees as may be prescribed shall be payable
to the Registrar for the registration of a notice under
subsection (2) or a certificate under subsection (4).
34. A unit proprietor shall have no personal liability
for the acts or omissions of the body corporate, of which he is
a member, or the Board of Management of the body
corporate, and his liability for the common expenses shall be
limited to the amounts of the contributions from time to time
levied upon him.
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Insurance by
body corporate.

Power of unit
proprietor to
Insurance of Property
35. (1) Where the Board of Management in relation to
a property insures the property in pursuance of section 21 (1)
(c), subsections (2) and (3) of this section shall apply
notwithstanding anything contained in any other written law
relating to insurance for the time being in force.
(2) The Board of Management, in relation to the
property, shall give written notice of any insurance effected
by it on the property, and any change in the insurance or the
termination thereof, to the proprietor or mortgagee, of any
unit of the property shall produce for inspection by such unit
proprietor or mortgagee, or any person authorised in writing
by such unit proprietor or mortgagee, the policy or policies of
insurance effected by the Board of Management on the
property and the receipt or receipts for the last premium or
premiums paid in respect thereof.
(3) Any policy of insurance taken out by a Board of
Management in respect of a property under section 21(1) (c)
shall not be taken into account for the purpose of contribution
with any other policy of insurance save another policy taken
out by the Board of Management under that provision in
respect of the same property.
36. (1) Where a property has been insured or not by
the Board of Management in relation to that property, the
proprietor of a unit of the property may insure the unit in
respect of any damage thereto in a sum equal to the amount
secured by any mortgage or mortgages of his unit at the date
on which any loss referred to in the policy of insurance
occurs, and where any such policy of insurance is in force and
the contingency mentioned therein arises —
(a) subject to the terms and conditions of
the policy of insurance—
insure.
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(i) where there is only one
mortgagee whose interest is
noticed in the policy of
insurance, payment shall be
made by the insurer under the
policy of insurance to that
mortgagee;
(ii) where there are more
mortgagees than one whose
interests are noticed in the
policy of insurance, payment
shall be made by the insurer
under the policy of insurance to
those mortgagees in the order
of their respective priorities;
(iii) the insurer shall be liable to pay
under the policy of insurance
the value stated in such policy,
the amount of the loss or the
amount sufficient at the date of
the loss to discharge any
mortgage or mortgages to
which the unit is subject,
whichever is the least;
(b) where the amount paid by the insurer
under paragraph (a) equals the
amount necessary to discharge any
mortgage to which the unit is subject,
the insurer shall be entitled to an
assignment of that mortgage;
(c) where the amount paid by the insurer
under paragraph (a) is less than the
amount necessary to discharge any
mortgage to which the unit is subject,
the insurer shall be entitled to a
submortgage of that mortgage to
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secure the amount so paid on terms
and conditions agreed upon as
provided in subsection (4), or, failing
agreement, on the same terms and
conditions as those contained in the
mortgage made by the unit
proprietor.
(2) Where a property has not been insured or has
been insured for less than its replacement value, by the Board
of Management in relation to the property, the proprietor of
any unit of the property may insure the unit in respect of any
damage thereto in a sum equal to the replacement value
thereof or for such replacement value less a sum representing
the amount for which his unit is insured under any policy of
insurance taken out on the property by the Board of
Management, as the case may be.
(3) For the purposes of subsection (2), the amount
for which a unit of a property is insured under a policy of
insurance taken out in respect of the property by a Board of
Management shall be determined by dividing the value for
which the property is so insured by the sum of the unit
entitlement of all units of the property and multiplying the
quotient by the unit entitlement of the unit first mentioned.
(4) For the purposes of subsection (1) (c) any
insurer and any mortgagee or mortgagees may at any time,
whether before or after a policy of insurance has been taken
out by a unit proprietor in respect of his unit, agree upon the
terms and conditions of the submortgage.
(5) Nothing in this section shall be deemed to limit
the right of a unit proprietor to insure his unit against risks
other than the risks to his unit referred to in subsections (1)
and (2).
(6) Any policy of insurance taken out by a unit
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Repair and
reconstruction
of building.
proprietor under subsection (1) or (2) in respect of his unit
shall not be taken into account for the purpose of contribution
with any other policy of insurance save another policy taken
out by the unit proprietor under that provision in respect of
the same unit.
(7) This section shall have effect notwithstanding
anything contained in any other written law relating to
insurance for the time being in force.
Repair and Reconstruction
37. (1) Where any building to which a condominium
scheme applies has sustained any damage which—
(a) renders less than seventy-five per cent
of the accommodation in the building
unfit for occupation; or
(b) is in excess of the damage referred to
in paragraph (a) and proprietors of
ninety per cent or more of the units in
the building have, within sixty days
of the event causing the damage,
resolved that the building be
reconstructed,
the Board of Management in relation to the building shall,
subject to the provisions of sections 38 and 39, promptly
repair or reconstruct the building.
(2) Any sums received under any policy of
insurance taken out on the property, of which the building
referred to in subsection (1) forms part, on account of the
damage to the building, shall be used for the purpose of the
repair or reconstruction of the building under this section and
any deficiency in the amount required for the repair or
reconstruction shall, subject to the provisions of sections 38
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Scheme for
repair or
reconstruction
of building.

Settlement of
scheme by
High Court for
repair or
reconstruction
of building.
and 39, be deemed to be common expenses.
38. (1) Where in pursuance of section 37 it becomes
the duty of the Board of Management of a body corporate to
repair or reconstruct any building to which a condominium
scheme applies the Board of Management shall without
undue delay draw up a scheme for the purpose and submit it
for the approval of the body corporate at a meeting called for
that purpose.
(2) If a scheme submitted to a body corporate for
approval under subsection (1) is approved as submitted or
with amendments by a special resolution by the body
corporate, it shall be binding on the body corporate, all unit
proprietors who are the members of the body corporate and
the Board of Management of the body corporate.
39. (1) Where a scheme drawn up under section 38 by
the Board of Management of a body corporate for the repair
or reconstruction of a building is not approved by the body
corporate, with or without amendments, by special
resolution, the Board of Management shall file a scheme, with
an application for its approval, in the High Court which may,
after giving the unit proprietors who are members of the body
corporate a reasonable opportunity of being heard, settle a
scheme for the repair or reconstruction of the damaged
building, which, having regard to the rights and interests of
such unit proprietors generally, appears to that court to be
just and equitable.
(2) A scheme settled by the High Court under
subsection (1) may include provision for—
(a) permitting any unit proprietor, whose
unit has been damaged and who does
not agree to participate in the scheme,
to convey his unit and his interest in
the common property to any other
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unit proprietor or the body corporate
in relation to the unit, on the payment
of such compensation as the High
Court considers just;
(b) the reconstruction of part only of the
building; or
(c) the conveyance of the interests of
some unit proprietors to other unit
proprietors in proportion to their unit
entitlement.
(3) In the exercise of its powers under this section,
the High Court may make such orders as it thinks necessary
or expedient for giving effect to the scheme settled by it,
including orders—
(a) directing how insurance moneys
received in respect of the damage to
the building shall be applied;
(b) directing such consequential
amendments of the relevant
condominium scheme and the by-
laws of the body corporate with
reference to the condominium scheme
in such manner as it thinks fit; and
(c) imposing such terms and conditions
as it thinks fit.
(4) Where an application to the High Court is
made under this section, any insurer who has effected
insurance on the property or any part thereof (being
insurance against damage to the building) may appear in
person or by attorney-at-law in all proceedings relating to the
application as if he were a party thereto.
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Appointment
of
administrator
and his
functions.

Management of Property by Administrator
40. (1) The Board of Management of a body corporate
with reference to any property, or any judgement creditor of
the body corporate or Board of Management, or any person
having an interest in any unit, may apply to the High Court
for the appointment of an administrator for the management
of the property.
(2) The High Court may, after giving the Board of
Management, the proprietors of the units in the property, the
mortgagee of the units and the judgment creditors of the body
corporate or Board of Management a reasonable opportunity
of being heard, appoint an administrator for an indefinite or
fixed period, on such terms and conditions as to
remuneration or otherwise as that court thinks fit, for the
management of the property.
(3) The remuneration and expenses of any
administrator appointed under this section shall be deemed to
be common expenses.
(4) An administrator appointed under this section
shall, to the exclusion of the body corporate and its Board of
Management, exercise all the functions of the body corporate
or the Board of Management, or such of those functions as the
High Court orders, and may delegate any of the functions so
vested in him to any person employed by him.
(5) The High Court may, on the application of an
administrator appointed under subsection (1) in respect of
any property or any other person referred to in that
subsection in relation to that property, remove or replace the
administrator.

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Procedure and
consequences
of sale.
Sale and Partition of Property
41. (1) The sale of the whole of the property, or any
part of the common property, of a condominium scheme may
be authorised—
(a) by a vote in favour of such sale by
unit proprietors under the scheme,
who own eighty per cent, or such
greater percentage as is specified in
the condominium scheme, of the
aggregate of the unit entitlements of
all the units in the property; and
(b) with the consent of all the persons
having claims against the property or
part of the common property, sought
to be sold, as the case may be, created
after the registration of the
condominium scheme and of which
the relevant Board of Management
has notice.
(2) The sale shall be effected by a deed of transfer
executed by all the unit proprietors, who voted in favour of
the sale, and such other unit proprietors under the scheme
who are willing to join in the execution of the deed of transfer
and a release or discharge shall be given by all the persons
having claims, against the property or the part of the common
property, being sold, created after the registration of the
condominium scheme and of which the relevant Board of
Management has notice.
(3) Upon the registration of the deed of transfer
mentioned in subsection (2) in accordance with the written
law in force relating to the registration of such deeds—
(a) claims against the property or
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common property sold by the deed,
created before the registration of the
instrument describing the
condominium scheme applicable to
the property, shall continue to be as
effective as if the scheme had not been
registered;
(b) claims against the property or
common property sold by the deed,
created after the registration of the
instrument describing the said
condominium scheme, shall be
deemed to be extinguished;
(c) where only part of the common
property is sold, the condominium
scheme applicable to the property
shall cease to apply to the common
property so sold from the date of the
registration of the deed of transfer;
(d) where the whole of the property
subject to a condominium scheme is
sold, the body corporate in relation to
the property shall be deemed to be
wound up from the date of the
registration of the deed of transfer;
and
(e) where under the deed of transfer the
purchasers will own the units
separately, the body corporate shall
continue to function, but the unit
proprietors who sold the property
shall cease to be members thereof
from the date of the registration of the
deed of transfer and the new
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Cesser of
application of
Act to property.
proprietors of the units shall become
members of the body corporate from
the aforesaid date.
(4) Subject to the provisions of subsection (5), each
of the proprietors of units in any property or part of common
property sold under the preceding subsections shall be
entitled to receive a share in the proceeds of the sale in the
same proportion as his unit entitlement bears to the aggregate
of the unit entitlements of all units of the property.
(5) Where the sale of any property or any part of
the common property is made under this section, any unit
proprietor who dissented from the decision to effect the sale
may elect to have the fair market value of the property, or the
part of the common property so sold, at the time of the sale
determined by arbitration under the Arbitration Act by
serving notice to that effect on the Board of Management of
the relevant body corporate within ten days after the vote in
favour of the sale under subsection (1) (a), and the unit
proprietor who served the notice shall be entitled to receive
from the proceeds of the sale the amount he would have
received if the sale price had been the fair market value as
determined by the arbitration.
(6) Where the proceeds of the sale of any property
or any part of the common property authorised to be sold
under subsection (1) are inadequate to pay the amount
determined under subsection (5) in relation to a unit
proprietor who dissented from the decision to effect the sale,
each unit proprietor who voted for the sale shall be liable to
contribute towards the deficiency in the same proportion as
his unit entitlement bears to the aggregate of the unit
entitlements of all units of the property, which, or part of the
common property of which was so authorised to be sold.
42. (1) Where, on the application of any interested
party, the High Court is satisfied that—
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(a) the whole or a substantial part of the
building or, if there are more
buildings than one, of all the
buildings, forming part of any
property has been destroyed or
damaged and it has been decided by
the body corporate in relation to the
property not to reconstruct or repair
the building under section 37;
(b) it is proposed by the person or
persons entitled to do so—
(i) to convert the only building
forming part of the property
into one unit; or
(ii) to demolish the building or, if
there are more buildings than
one, all the buildings, forming
part of the property; or
(c) circumstances have arisen that,
having regard to the rights and
interests of the unit proprietors as a
whole, it is just and equitable to
terminate the application of this Act
to the property,
the High Court may by order direct that this Act shall cease to
apply to the property from the date of the order or from such
other subsequent date as may be specified in the order and
thereupon the provisions of this Act shall cease to apply to
the property from the date of the order or from the date so
specified, as the case may be.
(2) For the purposes of this section, an interested
party shall be deemed to be the body corporate in relation to
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Effect of order
under section
42.

Application for
apportionment
of property, etc.
the property, the proprietor of a unit in the property or a
mortgagee of any unit in the property.
43. Upon the making of an order by the High Court
under section 42, in relation to any property to which a
condominium scheme applies, the property shall be deemed
to be owned in common by all persons who were unit
proprietors in relation to the property before the making of
the order and an undivided share in the property shall accrue
to each such unit proprietor in the same proportion as his unit
entitlement bore to the aggregate of all unit entitlements
under the scheme before the making of the order
44. Where an order has been made under section 42 in
relation to any property, a majority in number of the
proprietors of units in the property may apply to the High
Court either—
(a) to apportion so much of the property as
remains among the unit proprietors in
proportion to their unit entitlements
immediately before the date of the order and
to direct the Board of Management of the body corporate in relation to the property to
effect the necessary transfers of title; or
(b) to order that so much of the property as
remains shall be sold and that the net
proceeds of the sale together with the
proceeds (if any) of insurance policies taken
on the property shall constitute one fund
which shall be divided by the said Board of
Management among all the unit proprietors
in proportion to their respective unit
entitlements immediately before the date of
the order,
and the High Court may, if it considers it just and equitable to
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Winding up of
body corporate.
c. 89:01

Copies of
instrument
describing
condominium
scheme and by-
laws to be
opened for
inspection.
do so, allow the application and make such further orders and
give such further directions in respect of the application as it
thinks fit.
45. (1) Where an order has been made under section
42 in relation to any property, the High Court may appoint a
liquidator and give directions for the winding up of the
affairs of anybody corporate, which has been constituted
under this Act with reference to the property, and the
provisions of the Companies Act shall mutatis mutandis apply
to, and in relation to, the winding up of the body corporate as
if it were a company and the members of its Board of
Management were the directors of the company.
(2) Where a liquidator has been appointed under
subsection (1) to wind up the affairs of a body corporate, he
shall exercise, to the exclusion of the Board of Management of
the body corporate, the functions conferred on the Board of
Management by section 44.
(3) In the winding up of a body corporate under
this section a unit proprietor who is a member of the body
corporate shall not be liable to contribute to the assets of the
body corporate a sum exceeding five hundred dollars.
(4) The High Court may, by a subsequent order,
declare the body corporate to be dissolved as from the date
specified in the order.
General
46. A body corporate in relation to any property shall
keep true copies of the instrument describing the
condominium scheme applicable to the property and the by-
laws made by it, and of all amendments thereto, and shall
make such copies available at convenient hours for inspection
by any unit proprietor who is a member of the body
corporate, any mortgagee of any unit of the property or any
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Maintenance of
accounts and
audit.

Annual general
meeting of
body corporate.
other person having an interest in the property or by any
person duly authorised in writing by any of them.
47. (1) A Board of Management of a body corporate
shall keep detailed and accurate accounts in chronological
order of the receipts and expenditures in the course of the
management of the property.
(2) All accounts kept under subsection (1),
vouchers authorising payments and receipts for payments
shall be available for inspection by any unit proprietor, who is
a member of the body corporate, at all reasonable times.
(3) The accounts maintained under this section by
a Board of Management shall be audited annually by an
auditor appointed by the body corporate.
(4) The members and employees of the Board of
Management of a body corporate shall grant to the auditor
appointed under subsection (3) access to all books,
documents, cash and securities of the Board of Management
and the body corporate and shall give to the auditor on
request all such information as may be within their
knowledge in relation to the functioning of the Board of
Management.
48. The annual general meeting of a body corporate
shall be held before the end of March every year and in
addition to any other matter that is to be or may be
considered by that meeting the Board of Management of the
body corporate shall place before the annual general meeting
of the body corporate—
(a) a report of the transactions and
activities of the Board of Management
during the previous year; and
(b) a statement of the accounts
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Application of
this Part.
c. 36:20
Sale of units in
certain cases.
maintained under section 47 by the
Board of Management for the
previous year audited in accordance
with section 47(3).
PART III CONDOMINIUMS IN PUBLIC SECTOR
49. (1) This Part applies to condominiums owned or
promoted by the Government, any local Government
authority, the Central Housing and Planning Authority
constituted under the Housing Act or any corporate body
owned by, or in which the controlling interest vests in the
State or any agency on behalf of the State.
(2) The provisions of Part II of this Act shall apply
to any condominium referred to in subsection (1) subject to
such modifications as are specified in this Part.
50. (1) After an instrument describing a condominium
scheme has been registered under section 9 or 14 in respect of
any condominium referred to in section 49(1), any employee
of the owner, being the Government or authority or body
referred to in that section, authorised to do so by the owner
thereof by notification in the Gazette, may issue on behalf of
the owner, to any person to whom the owner has approved
the sale of any unit in the condominium, a certificate to the
effect that the unit has been sold to him, after satisfying
himself that payment of the purchase price has been fully
made and that other conditions of the sale, which are required
to be satisfied before the sale, have been satisfied by the
person.
(2) In selling under subsection (1) any unit in a
condominium referred to in section 49 (1) the owner thereof
shall give preference to a tenant of the unit who has been
residing in the unit immediately before the sale.
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(3) While selling under subsection (1) any unit in
any condominium referred to in section 49(1) by the owner
thereof, the owner may stipulate that the sale is subject to all
or any of the following conditions, that is to say—
(a) the purchaser and his successors in
interest shall not sell the unit to any
person for a period of ten years, or
such shorter period as may be
specified by the owner, from the date
of the sale to the purchaser:
Provided that, where any such condition is imposed, the
purchaser may within the period so specified sell the unit
back to the owner who sold it to him at a price that may be
agreed to between them;
(b) the purchaser and his successors in
interest shall not sell the unit after the
period referred to in paragraph (a) to
any person other than a person
belonging to the categories specified
by the Minister by order for the
purposes of this subsection;
(c) the purchaser and his successors in
interest shall not, for such period from
the date of the sale as may be
specified by the owner while selling
the unit to him, let out the unit to any
person without the prior approval of
the Minister,
and the conditions so stipulated shall be stated in the
certificate issued under subsection (1).
(4) For the purposes of subsection (3) (c), where the
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c. 80:01
Chairman of
Board of
Management in
certain cases.
proprietor of a unit has given possession of the unit to any
other person, then, unless the contrary is proved, he shall be
deemed to have let out the unit to the other person.
(5) A sale or letting out of any unit in
contravention of any condition stipulated under subsection
(3) shall be null and void and shall not confer any right on the
purchaser of the unit or the person to whom the unit is let
out.
(6) A certificate issued under subsection (1) in
respect of any unit of any property shall be in such form as
may be prescribed and shall specify the terms and conditions
subject to which such sale is made and the terms and
conditions specified in the certificate shall notwithstanding
anything contained in any other written law be binding on
the owner of the unit who sold it and the person who
purchased it and their successors in interest.
(7) A certificate issued under subsection (1) by an
employee authorised under that subsection shall be treated
for all purposes as if it were a transport or other document
effecting the conveyance of the unit mentioned therein and on
the presentation of the certificate and on being satisfied of its
genuineness the Registrar shall make such annotations on the
records as may be necessary.
(8) Notwithstanding anything contained in this Act
or any other written law, no fees or stamp duty or other
duties shall be payable under this Act, the Tax Act or any
other written law on or in respect of any certificate issued
under subsection (1) or any annotations on the records to be
made by the Registrar under subsection (7).
51. (1) Notwithstanding anything contained in section
20 or the Schedule, the chairman of the Board of Management
of anybody corporate, established for a condominium
referred to in section 49, and the units of which have been
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[6 of 1997]
sold under section 50, shall be a public officer or an employee
of a local Government authority, nominated by the Minister.
(2) This section shall cease to apply to any
condominium referred to in section 49 on such date as may be
specified by the Minister by order.
PART IV MISCELLANEOUS
52. (1) A proprietor of a unit of any property who
refuses or fails to keep his unit in proper repair, or causes
wilfully or by negligence any damage to any other part of the
property, including the common property, or uses or allows
or causes to be used the unit or the common property in a
manner contrary to the provisions of this Act or the
condominium scheme applicable to the property or, being a
person to whom any unit has been sold under section 50(1),
contravenes the provisions of section 50(3)(c) shall, without
prejudice to any other liability he may incur thereby, be liable
on summary conviction to a fine of three thousand dollars
and imprisonment for six months and where the offence is a
continuing one to a further penalty of three hundred dollars
for each day after the first day during which the offence
continues.
(2) Where a unit proprietor has been convicted a
second time of any offence under subsection (1), in respect of
any unit of any property or any other part of the property,
including the common property, on application made therefor
by the Board of Management of the body corporate in relation
to the property, the High Court may forfeit the unit to the
body corporate, and where the High Court forfeits any unit to
a body corporate it may direct the body corporate to pay to
the proprietor of the unit such reasonable compensation,
having regard to the market value of the unit, as the High
Court thinks appropriate.

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Power of
exemption
from fees.

Power to make
regulations.

(3) Where a Board of Management of a body
corporate refuses or fails to exercise or perform the functions
conferred on it by section 21, every member of the Board of
Management shall, without prejudice to any other liability he
may incur thereby, be liable on summary conviction to a fine
of three thousand dollars and imprisonment for six months:
Provided that any member of the Board of Management
who proves that he exercised the powers conferred on him as
a member of the Board of Management to ensure that the
Board of Management exercises and performs its functions
properly, shall not be liable for the penalty provided for by
this subsection.
53. (1) The Minister may exempt any class of unit
proprietors, the promoters of any class of condominium
schemes or any class of bodies corporate or their Board of
Management, or any unit proprietor, promoter or promoters
of any condominium scheme or any body corporate or its
Board of Management wholly or partially from the payment
of any fees payable under this Act.
(2) A notice of any exemption granted under
subsection (1) shall be published in the Gazette.
54. (1) The Minister may make regulations to carry out
the purposes of this Act.
(2) Without prejudice to the generality of the
foregoing, the regulations made by the Minister may provide
for all or any of the following matters —
(a) the drawings, plans and schedules to
be annexed to a condominium
scheme, submitted for approval of the
Minister, under section 4(1);
(b) the particulars of a condominium
scheme under section 4(1)(i);
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(c) the fees payable along with the
application for the approval of a
condominium scheme under section
4(3);
(d) the manner of communication of
approval or rejection of a scheme or a
direction for its amendment under
section 6(3);
(e) the conditions attached to the
approval of a condominium scheme
under section 7(3);
(f) the manner of service of a notice
under section 8(1);
(g) the particulars of owners of units
under section 8(2)(c);
(h) the particulars that an instrument
describing a condominium scheme
may contain under section 8(2)(h);
(i) the manner of describing the limits
and boundaries of the common
property under a condominium
scheme or an instrument describing a
condominium scheme under section
(j) the procedure for the amendment of a
condominium scheme and for the
registration of the amendment under
section 13(3);
(k) the fees payable to the Registrar for
10 (b);
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s. 18

Board of
Management of
body corporate.
the registration of an instrument
describing a condominium scheme or
any amendment thereto under section
15;
(l) the matters in respect of which by-
laws may be made under section
18(2)(k);
(m) the fees payable to the Registrar for
the registration of the by-laws of a
body corporate or of amendment or
repeal thereof under section 18(8);
(n) the fees payable to the Registrar for
registration of address under section
22(3)(b), a notice under section 33(2)
or a certificate under section 33(4);
(o) the form of a certificate under section
50(1);
(p) any other matter that is required to
be, or may be, prescribed by
regulations by the Minister.
--------------------
SCHEDULE
BY-LAWS OF BODY CORPORATE
1. (1) The functions of the body corporate shall,
subject to any restrictions imposed or direction given at a
general meeting, be exercised by its Board of Management.
(2) Subject to paragraph (3) and section 51, the
Board of Management shall consist of a chairman and not less
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Meetings of
Board of
Management.
than four nor more than ten unit proprietors and shall be
elected at each annual general meeting.
(3) Where there are not more than five unit
proprietors, the Board of Management shall consist of all the
unit proprietors and in the case of any condominium to which
section 51 applies also the chairman nominated under that
section.
(4) Except where the Board of Management
consists of all the unit proprietors, the body corporate may by
resolution at an extraordinary general meeting remove any
member of the Board of Management before the expiration of
his term of office and appoint another unit proprietor in his
place to hold office until the next annual general meeting.
(5) Any casual vacancy in the Board of
Management may be filled by the remaining members of the
Board.
(6) Except where there is only one unit proprietor,
a quorum of the Board shall be—
(a) two, where the Board consists of five
or less members;
(b) four, where the Board consists of
more than five members.
(7) The Board of Management may appoint
persons who are unit proprietors (whether or not members of
the Board of Management) to hold such offices and to
perform such functions as the Board of Management may
determine.
2. (1) Every meeting of the Board of Management
shall be presided over by the chairman of that Board and in
the absence of the chairman by a member of the Board of
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General
meetings of
body corporate.
Management elected, by the members thereof present at the
meeting from among themselves, to preside at the meeting.
(2) The chairman or other person presiding at a
meeting of the Board of Management shall have, in addition to
a vote as a member of the Board of Management, a casting
vote in the case of an equality of votes.
(3) At meetings of the Board of Management all
matters shall be decided by simple majority vote.
(4) All acts done in good faith by the Board of
Management shall, notwithstanding that it is afterwards
discovered that there was some defect in the appointment or
continuance in office of any member of the Board of
Management or some technical irregularity in the
proceedings of the Board of Management, be as valid as if
such member had been duly appointed or had duly continued
in office or as if there were no such irregularity in those
proceedings.
3. (1) A general meeting of the proprietors of the units
of any property, constituting the body corporate in relation to
a condominium scheme, shall be held within three months
after the registration of the condominium scheme.
(2) Subsequent general meetings of the members of
the body corporate shall be held once in each year:
Provided that not more than fifteen months shall elapse
between the date of one such meeting and that of the next.
(3) All general meetings of the members of the
body corporate, other than the annual general meetings, shall
be called extraordinary general meetings.
(4) The Board of Management may, whenever it
thinks fit, and shall, upon a requisition in writing made by the
LAWS OF GUYANA
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Proceedings at
general
meetings of
body corporate.
unit proprietors entitled to twenty-five per cent of the
aggregate of the unit entitlements of all the units in the
property, convene an extraordinary general meeting of the
body corporate.
(5) Seven days’ notice of every general meeting of
the body corporate specifying the place, the date and the hour
of meeting and in the case of any special business the general
nature of such business shall be given to all unit proprietors,
who are members of the body corporate, and first mortgagees
of units who have notified their interests to the Board of
Management of the body corporate.
(6) Unless it be otherwise resolved by special
resolution, all general meetings, of the body corporate shall be
held on the property.
(7) Any resolution in writing in one or more parts
signed by all unit proprietors who are members of the body
corporate shall be as valid and effectual as if it had been
passed at a meeting of the members of the body corporate
duly called and constituted.
4. (1) Subject to these by-laws, no business shall be
transacted at any general meeting of the members of the body
corporate unless a quorum of persons entitled to vote is
present in person or by proxy at the time when the meeting
proceeds to business.
(2) At any general meeting of the members of the
body corporate one half of the persons, entitled to vote at
such meeting, present in person or by proxy, shall form a
quorum.
(3) Where within thirty minutes. from the time
appointed for a general meeting of the members of the body
corporate, a quorum is not present, the meeting shall stand
adjourned to the same day in the next week at the same place
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Manner of
voting at
general
meeting.

Votes of unit
proprietors.
and time, and where at the adjourned meeting a quorum is
not present within thirty minutes from the time appointed for
the meeting, the persons present and entitled to vote at such
meeting in person or as proxy shall form a quorum.
(4) Every general meeting of the members of a
body corporate shall be presided over by the chairman of the
Board of Management and in his absence by a member of the
body corporate elected, by the members thereof present at the
meeting from among themselves, to preside at the meeting.
5. (1) At any general meeting of the body corporate
votes shall be taken by a show of hands unless a poll is
demanded by any member thereof present at the meeting and
entitled to vote either on his own behalf or as proxy.
(2) Unless a poll be so demanded at such meeting a
declaration by the person presiding at the meeting that a
resolution has on the show of hands been carried shall be
conclusive evidence of the fact without proof of the number
of votes recorded in favour of or against such resolution.
(3) A demand for poll under this by-law may be
withdrawn.
(4) A poll, if demanded under this by-law, shall be
taken in such manner as the person presiding at the meeting
at which it was demanded thinks fit and the result of the poll
shall be deemed to be the decision of the meeting.
(5) In the case of equality of votes, whether on
show of hands or on a poll being taken, the person presiding
at the meeting shall be entitled to a casting vote in addition to
his original vote.
6. (1) On a show of hands each unit proprietor shall
have one vote.

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(2) Save as otherwise provided in this Act, on a
poll the votes of unit proprietors shall correspond to the unit
entitlement of their respective units.
(3) On a show of hands or on a poll votes may be
given either personally or by proxy.
(4) An instrument appointing a proxy shall be in
writing, under the hand of the person appointing or his
attorney and may be either general or for a particular meeting
of the body corporate.
(5) A proxy need not be a unit proprietor.
(6) Except in cases where by or under this Act a
unanimous resolution is required, no unit proprietor shall be
entitled to vote at any general meeting unless all
contributions payable in respect of his unit have been duly paid.
(7) Co-unit proprietors may vote by proxy jointly
appointed by all of them, and in the absence of such proxy
shall not be entitled to vote on a show of hands, except where
a unanimous resolution of unit proprietors is required by this
Act; but any co-unit proprietor may demand a poll and shall
be entitled to vote on a poll being taken.
(8) On any poll each co-unit proprietor shall be
entitled to such part of the vote, to which all the co-
proprietors of the units are entitled, as is proportionate to his
interest in the unit.
(9) Where more than one co-proprietors of a unit in
the property have appointed one person as a joint proxy, the
joint proxy on a poll shall have votes proportionate to the
interests in the unit of such of the said co-proprietors as do
not vote personally.

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Further
functions of
Board of
Management.

Duties of a unit proprietor.

7. The Board of Management may—
(a) purchase, hire or otherwise acquire
personal property for use by unit
proprietors in connection with their
enjoyment of the common property;
(b) borrow on short term basis any
moneys required by it in the exercise
of its functions; and
(c) invest in such manner as may be
approved by the body corporate any
moneys in the fund set apart for
administrative expenses.
8. A unit proprietor in the property shall—
(a) permit the Board of Management and
its agents, at all reasonable times on
notice (except in case of emergency
when no notice shall be required), to
enter his unit for the purpose of—
(i) inspecting and maintaining,
repairing, or renewing, pipes,
wires, cables and ducts for the
time being existing in the unit
and capable of being used in
connection with the enjoyment
of any other unit or the
common property;
(ii) maintaining, repairing or
renewing the common
property; or
(iii) ensuring that this Act and these
by-laws are being observed;

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Common seal.
(b) forthwith carry out all work that may
be ordered by any competent public
authority in respect of his unit other
than such work as may be for the
benefit of the property, generally, and
pay all rates, taxes, charges, outgoings
and assessments that may be payable
in respect of his unit:
(c) repair and maintain his unit and keep
the same in a state of good repair;
(d) use and enjoy the common property
in such manner as not unreasonably
to interfere with the use and
enjoyment thereof by other unit
proprietors in the property or their
families, visitors or employees;
(e) not use his unit or permit the same to
be used in such manner or for such
purpose as shall cause a nuisance or
hazard to any occupier of another unit
in the property (whether he is a unit
proprietor or not) or the family of
such occupier; and
(f) notify the body corporate forthwith upon
any change of ownership or the creation of
any mortgage or other dealing in connection
with his unit.
9. The body corporate shall have a common seal
which, subject to paragraph (2), shall at no time be used
except by authority of its Board of Management previously
given and in the presence of the members of that Board or at
least two members thereof, who shall sign every instrument
to which the seal is affixed:
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Amendment of
by-laws.
Provided that where there is only one member of the
body corporate his signature shall be sufficient for the
purposes of this by-law.
10. These by-laws may be amended only by special
resolution of the body corporate.
_______________

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SUBSIDIARY LEGISLATION
_________________
Reg. 8/1990
Citation.

Interpretation.
c. 5:10

Register of
Condominium.

Application for
registration of
instrument
describing
approved
condominium
scheme.
CONDOMINIUM REGULATIONS
made under section 54 (2)
1. These Regulations may be cited as the
Condominium Regulations.
2. In these Regulations “Registrar” has the same
meaning as in the Deeds Registry Act.
3. (1) The Registrar shall keep or cause to be kept at
his office a register to be called “Register of Condominiums”
in which shall be entered particulars relating to the
Registration of condominiums.
(2) All original entries in the Register of
Condominiums shall be made by, or under the direction of,
the Registrar and shall be signed by him.
(3) The scheme shall be amended from time to time
to make it consistent with particulars relating to unit
proprietors under section 8(2) (c).
4. An application for registration of an instrument
describing an approved condominium scheme shall be
submitted to the Registrar in the form prescribed by him.
LAWS OF GUYANA
Miscellaneous Provisions)
Cap. 36:22
Presentation of
drawings plans
and schedules.

Common
property.

c. 97:01
Manner of
communication
of approval or
projection of a
scheme or
direction for
amendment.
5. The drawings, plans and schedules to be annexed to
a condominium scheme submitted for approval of the
Minister shall—
(a) be a complete set of fully dimensional
plans of each floor, basement and
cellar, if any, of the building,
elevations and at least one major
section showing the design of the
structure of the building or buildings;
(b) describe each unit by reference to its
layout, location and dimensions;
(c) be supplemented with information
necessary to give an accurate
description of major items such as
quality of materials and method of
construction;
(d) bear the approval of relevant
authorities who shall certify thereon
that they are true and accurate copies
of the drawings and schedules of the
building approved by them for the
purposes of the Act.
6. The placing of limits and boundaries and the
description of such limits and boundaries of common
property and land disposed of in accordance with section 24
(2) of the Act shall be done in accordance with the Land
Surveyors Act.
7. (1) Every application form and drawing submitted
to any relevant authority for approval shall bear the approval
of the authority with any conditions deemed necessary by the
authority; or rejection by the authority together with a
memorandum stating the grounds for such rejection and
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Minister may
impose
additional
conditions.
direction for amendment as may be necessary for approval on
re-submission to the authority.
(2) Application forms and drawings submitted to
the Minister for approval shall bear the approval of the
Minister together with any conditions he considers necessary;
or rejection by the Minster together with a memorandum
stating the grounds for rejection and any amendment as may
be necessary for approval on re-submission to the Minster.
(3) Conditions attached for approval by the
Minister or any amendment requested by him shall not
prejudice conditions imposed by any relevant authority or
amendment requested by such authority unless on appeal by
the promoters the Minister decides to eliminate or modify any
such conditions imposed, or amendment requested by the
authority.
(4) Any scheme considered by the Minister shall be
sent back to any relevant authority which had previously
considered the scheme, and the promoter shall uplift the
documents comprising the application for approval of the
scheme from that authority.
(5) In the case of an appeal to the Minister against
conditions imposed, or amendment requested by any
authority the documents bearing the decision of the Minister
shall be sent back to any relevant authority which had
previously considered the scheme, and the promoters shall
uplift the documents comprising the application for approval
of the scheme from that authority.
8. Additional conditions which the Minister may
impose when approving a condominium scheme shall be as
follows —
(a) that the documents submitted with a
72 The Condominium (Regulation and
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L.R.O. 1/2012

Manner of
service of
notice.

Register of
Members.
condominium scheme for approval
shall include—
(i) a block plan showing the size
and position of each building in
the scheme and its relationship
to existing adjoining buildings
and site features of significance;
(ii) a full set of structural drawings
and specifications;
(b) that the plan submitted with a
condominium scheme must show—
(i) onsite parking and adequate
ingress and egress to and from
the site for service vehicles;
(ii) ventilation by natural means
especially for habitable rooms;
(iii) structural fire precautionary
measures;
(iv) privacy reasonably expected by
unit proprietors;
(v) innovative or conservative
architectural concepts but
without prejudice to the
economy and the
environmental context,
9. The manner of service of a notice under section 8(1)
shall be by registered post addressed to the owners of the
units of the building who did not join in the application for
registration of an instrument describing a condominium
scheme.
10. Every registered body corporate shall keep a
register to be called the “Register of Members” in which shall
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Miscellaneous Provisions)
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Additional
particulars that
an instrument
describing a
condominium
scheme may
contain.

Additional
provisions of
condominium
Scheme.
be entered—
(a) the name, address and occupation of
each member;
(b) the date on which each member's
name was entered in the register;
(c) the date on which any member ceased
to be a member; and
(d) any other necessary particulars.
11. Additional particulars that an instrument
describing a condominium scheme may contain are as
follows—
(a) the manner in which allocation of
units has been done; and
(b) arrangements to be made for
preparing prospective unit
proprietors for meeting their
obligations under the Act.
12. (1) The condominium scheme shall in addition to
matters referred to in section 4(1) make provisions in respect
of the following matters—
(a) prohibition or restriction of the
extension, structural alteration or
internal alteration of the units;
(b) the manner of settlement of disputes
between-
(i) present or past members of the
body corporate or legal
74 The Condominium (Regulation and
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representatives of such
members;
(ii) a present or past member or
legal representative or any such
member and the Board of
Management or any officer of
the body corporate;
(iii) the body corporate or its Board
of Management and any officer
of the body corporate; or
(iv) the body corporate and any
other registered body
corporate;
(c) procedure for the amendment of the
scheme;
(d) in addition to the particulars referred
to in section 8(2) (c), the following
particulars relating to the proprietors
of each unit of the building subject to
the condominium scheme —
(i) the number of persons to
occupy a unit; and
(ii) parking facilities for vehicles of
unit proprietors and their
guests.
(2) It shall be lawful for the promoters of a
condominium scheme in respect of residential units to give
preference, by selling units subject to the scheme, to persons
who do not have any other residence or any other building
capable of being used as a residence within five miles from
where the building subject to the condominium scheme is
situated.
The Condominium (Regulation and 75
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Miscellaneous Provisions)
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L.R.O. 1/2012

Procedure for
the amendment
of the Scheme.

Fees.

Form of
certificate of
scale.
13. (1) A condominium scheme may be amended by
the relevant body corporate in accordance with the procedure
specified in that scheme and with the approval of the
Minister.
(2) The Registrar shall register the amendment of a
condominium scheme on the production of a copy thereof
authenticated by such officer of the body corporate as is
authorised to authenticate documents on its behalf and on the
Registrar being satisfied that the body corporate has agreed to
the amendment in accordance with the procedure specified in
the condominium scheme and the amendment has been
approved by the Minister.
14. The fees specified in the second column of the First
Schedule shall be payable in respect of the matters specified
in the corresponding entries in the first column thereof.
15. A certificate issued under section 50(1) of the Act
shall be in the form set in the Second Schedule.
76 The Condominium (Regulation and
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Reg. 14
FIRST SCHEDULE
Matters Fees
Application for the approval of a
condominium scheme ….............
Registration of an instrument
describing a condominium scheme
or any amendment thereto …........
Registration of the amendment of a
condominium scheme …................
Registration of the by-laws of a
body corporate or of amendment or
repeal thereto
Registration of names and address
of person nominated to receive the
service of summonses, notices or
other processes under section 22 (3)
(b)………………………………
Registration of notice under section
33 (2) ..................................................
Registration of a certificate under
section 33 (4) ...........................…….
1% of the estimated
value of the land and
proposed buildings
under the scheme.
5% of the estimated
value of the land and
proposed buildings
under the scheme.
$2,000
$5,000
$1,000
$1000
2% of the payment
in respect of the
payment (including
interest) in respect of
which the certificate
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Reg. 15
is issued
SECOND SCHEDULE
1
CONDOMINIUM
CERTIFICATE
of
SALE
Issued under section 50 of the Condominium (Regulation
owner of the condominium known as the
.............................................................................................. 1 the
.......................................................... 1 Condominium, intended
for residential use, more fully described in the Schedule
annexed hereto, in respect of which an instrument describing
a condominium scheme has been registered on
the........................day of..............................20......., in folio
No...............of 20......., (the said owner hereinafter being
referred to as the “owner”), by Cde
.............................................3, an employee of the owner and
authorised in that behalf by the owner by notification in the
Gazette dated the ......................day of ...............................20........
Be it known that I have, on behalf of the owner, this
.....................day of...................................... in the year two
thousand and ............................... issued this
certificate of sale to Cde. ...............................................................4
(hereinafter referred to as the “purchaser”) certifying that,
subject to the provisions of the Condominium (Regulation
and Miscellaneous Provisions) Act, the provisions of the
aforesaid condominium scheme and the other conditions
on behalf of 2......................................................................., the
and Miscellaneous Provisions) Act, Cap. 36:22,
78 The Condominium (Regulation and
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specified herein, unit No. in the said Condominium,
being of the value of dollars of
the current currency of Guyana, has been sold in favour of the
purchaser, his heirs, executors, administrators and assigns,
and acknowledged that the said value has been fully paid and
satisfied. The unit entitlement of the said unit is 5
..............................................................................
In testimony whereof I, Cde. ...........................................,
have hereunto set my hand and Cde. ..........................................,
the purchaser of the aforesaid unit, has countersigned, the
same day and year last above written.
CONDITIONS OF SALE
1. This sale is subject to the provisions of the
Condominium (Regulation and Miscellaneous Provisions) Act
scheme, registered on the day of 20 ,
in respect of the Condominium
and the by-laws applicable under section 18 of the Act.
2. The purchaser and his successors in interest shall
not sell the aforesaid unit to any person for a period of ten
years from the date of this certificate:
Provided that the purchaser may within the said period
sell the aforesaid unit back to the owner at a price that may be
agreed to between them.
3. The purchaser and his successors in interest shall
not sell the aforesaid unit after the period referred to in the
preceding paragraph to any person other than a person
belonging to any category specified by the Minister by order
for the purposes of section 50(3) of the Condominium
(Regulation and Miscellaneous Provisions).
4. The purchaser and his successors in interest shall
Cap. 36:22, the instrument describing the condominium
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not for a period of five years from the date of this certificate
let out the unit to any person without the prior approval of
the Minister.
5. A sale or letting out of the aforesaid unit contrary to
the provisions of paragraphs 2, 3 and 4 above shall be null
and void and shall not confer any right on any person who co
purchases it or the person to whom the unit is so let out.
_______________________________________________________
Notes
1. Here insert the name of the condominium.
2. Here insert the name of the owner of the condominium,
being the Government, a local Government authority, the
Central Housing and Planning Authority or a corporate
body owned by, or in which the controlling interest vests
in, the State or any agency on behalf of the State.
3. Here insert the name, title and office address of the
person issuing the certificate.
4. Here insert the name and address of the purchaser.
5. Here insert the unit entitlement.
_______________
SCHEDULE
1
Description of the property of the Condominium
Signed Cde.
Countersigned Cde.
80 The Condominium (Regulation and
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Witnesses
1.
2.
________________
The Condominium (Regulation and 81