rangement of Provisions

PART 1
PRELIMINARY
1. Short title and
commencement
2. Interpretation
3. Application

PART 2
UNIT ESTATES

4. Subdivision of land into units
5. Subdivision effected when
plan deposited
6. Restrictions on deposit of
plan
7. Responsibilities, etc of the
Agency
8. Unit entitlement
9. Existing easements or
restrictions affecting land
10. Folios of the Register for the
unit plan
11. Common Property
12. Independent dealings with
accessory units restricted
13. Incidental rights
14. Proprietors to constitute body
corporate
15. Actions by and against the
body corporate
16. Liability in tort
17. Duties of body corporate
18. Powers of body corporate
19. Dealings affecting the
common property
20. Registration of transfers of
common property
21. Additions to common
property
22. Supplementary record sheets
and new unit plans
23. Approval of Registrar to
transfer etc.

PART 3
SPECIAL PROVISIONS
RELATING TO LEASEHOLD
LAND
24. Application of Part 3
25. Preservation of lessor’s
interest
26. Powers of body corporate in
respect of lease
27. Dealing with unit estate in
leasehold
28. Restrictions on surrenders
and releases
29. Implied guarantee by unit
proprietors
30. Exclusion of powers of
forfeiture, re-entry and
distress



2 Unit Titles 2009, No. 19
31. Lessor may apply for
appointment of administrator
or cancellation of unit plan
32. Expiry of lease
33. Renewal or expiry of lease
and purchase of reversionary
interest
34. Merger

PART 4
MISCELLANEOUS
PROVISIONS

35. Recovery of contributions
36. Recovery of money
expended for repairs and
other work
37. Recovery of money
expended where person at
fault
38. Interest on money owing to
body corporate
39. Limitation of liability of
proprietors
40. Certificate of proprietor’s
liability

41. Rules
42. Insurance
43. Additional insurance
44. Appointment of
administrator
45. Exercise of voting rights
46. Relief in cases where
unanimous resolution
required
47. Relief for minority
48. Redevelopment
49. Cancellation of plan on
application of proprietors
50. Application to Court for
order for cancellation of plan
51. Cancellation of plan
following decision of Court
52. Scheme following
destruction or damage
53. Joinder of actions
54. Service of documents
55. Default by body corporate
56. Register of proprietors
57. Regulations
58. Consequential amendment

__________

2009, No. 19

AN ACT to facilitate the subdivision of land into units to be
owned by individual proprietors, and common property
to be owned by all the unit proprietors as tenants in
common, and for the issue of computer folio certificates
of title with respect to those units, and to provide for the
use and management of the units and common property,
and for related purposes. [27th
October 2009]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

2009, No. 19 Unit Titles 3

PART 1
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Unit Titles Act 2009.
(2) This Act commences, in whole or in part, on a date or
dates to be nominated by the Minister.

2. Interpretation-(1) In this Act, unless the context
otherwise requires:
“accessory unit” means a unit that:
(a) is designed for use with any principal unit, whether
as a garden, garage, car-parking space, storage
space, swimming pool, laundry, stairway or
passage or for any other like purpose; and
(b) is shown on a unit plan as an accessory unit.
“Agency” means the Planning and Urban Management
Agency established under the Planning and Urban
Management Act 2004;
“body corporate”, in relation to the units and common
property shown on a unit plan and to the proprietor or
proprietors of those units, means the body corporate that
comprises that proprietor, or those proprietors, in
accordance with section 14;
“committee”, in relation to a body corporate, means:
(a) the committee constituted under the rules of the
body corporate; or
(b) in the case of a body corporate that does not have a
committee - the proprietor or proprietors who
comprise the body corporate;
“common property” means common property within the
meaning of section 4(2)(a)(ii);
“Court” means the Supreme Court of Samoa;
“customary land lease” means a customary land lease
interest held in accordance with Article 102 of the
Constitution of the Independent State of Samoa and the
Alienation of Customary Land Act 1965;
“Land Titles Registration Act” means the Land Titles
Registration Act 2008;


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“Ministry” means the Ministry of Natural Resources,
Environment and Meteorology;
“National Building Code” means the building code
prescribed under the Ministry of Works Act 2002;
“Planning and Urban Management Act” means the Planning
and Urban Management Act 2004;
“principal unit” means a unit:
(a) is designed for use, whether or not in conjunction
with an accessory unit, as a place of residence or
business, or otherwise; and
(b) is shown on a unit plan as a principal unit.
“proprietor”, in relation to a unit, means the person or
persons for the time being registered as proprietor of the
unit estate in the unit, in sections 29, 35, 36 and in
section 41(11) and (12), unless the context otherwise
requires, includes a person in actual occupation of a unit
under a binding agreement for sale and purchase;
“recognised valuer” means a person who practises land
valuation under any law or authority;
“redevelopment” means:
(a) the subdivision by sale, transfer, or partition into
two or more new units, whether or not any new
unit is on the same level as any other new unit,
or -
(i) a unit or units shown on a deposited
unit plan; or
(ii)) a unit or units shown on a deposited
unit plan and the whole or part of a stratum
or strata formerly forming part of the
common property shown on a deposited unit
plan; or
(b) the enlargement of a unit shown on a deposited unit
plan by the inclusion in it of a stratum which
immediately touches upon that unit and was
formerly part of the common property or part of
another unit shown on the plan; or
(c) the erection of one or more new units on the common
property shown on a deposited plan.

2009, No. 19 Unit Titles 5

“Register of Lands” means the Land Register established
under the Land Titles Registration Act 2008;
“Registrar” means the Registrar of Land under the Land
Titles Registration Act 2008;
“rules”, in relation to a body corporate, means the rules
applicable to that body corporate prescribed by or under
section 41;
“supplementary record sheet” means a folio of the Register
for the common property of a unit development;
“unit entitlement”, in relation to a unit, means the unit
entitlement assigned to that unit under section 8(1);
“unit estate” means a unit estate within the meaning of
section 5(2);
“unit”, in relation to land, means a part of the land
consisting of a space situated below, on or above the
surface of the land, or partly in one such situation and
partly in another or others, all the dimensions of which
are limited, being a space that is designed for separate
ownership; and
“unit plan” means a plan deposited under section 5(1).
(2) Subject to subsection (3), this Act shall be read as one
with the Land Titles Registration Act 2008.
(3) The Land Titles Registration Act 2008 shall be read and
construed subject to this Act but, where that Act is inconsistent
with this Act, this Act prevails.

3. Application-(1) This Act is subject to the Alienation of
Customary Land Act 1965, the Alienation of Freehold Land Act
1972 and the Lands Survey and Environment Act 1989.
(2) This Act applies to:
(a) public land (including Government land) and
freehold land; and
(b) leases of public land and of freehold land; and
(c) customary land leases.
(3) No provision of this Act may be construed or applied to:
(a) permit or imply the alienation of customary land in a
manner prohibited by Article 102 of the
Constitution; or


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(b) permit or deem ownership in any customary land to
vest in a person otherwise than as determined
under any law dealing with the determination of
title to customary land.
(4) Nothing in this Act shall permit the exercise of any
power or affect any interest in customary land that could not
have been applied by law prior to the commencement of this
Act.

PART 2
UNIT ESTATES

4. Subdivision of land into units-(1) The registered
proprietor of a freehold estate or a leasehold estate in land that
is subject to the Land Titles Registration Act 2008 may
subdivide that land in accordance with this Act.
(2) Land subdivided in accordance with this Act:
(a) shall be divided into -
(i) two (2) or more principal units; and
(ii) common property being so much of
the land as is not comprised in any unit; and
(b) may additionally be divided into one (1) or more
accessory units.

5. Subdivision effected when plan deposited-(1) The
subdivision of land so as to provide for units shall be effected
by the deposit under the Land Titles Registration Act 2008 of a
plan that:
(a) specifies the units in their relation to the building on
the land; and
(b) includes -
(i) the boundaries of the land being
subdivided; and
(ii) the allotments and their areas and
dimensions; and
(iii) any existing roads and road reserves;
and
(iv) any existing and proposed public
reserves; and

2009, No. 19 Unit Titles 7

(v) any existing easements; and
(vi) any proposed roads and proposed
road splays or proposed road widening; and
(vii) adequate access to all parcels of land
depicted in a plan; and
(viii) any other particulars subdivision
plan.
(2) The deposit of a unit plan shall have the effect of
creating in each unit a unit estate in freehold or in leasehold, as
the case may be, which shall comprise:
(a) the -
(i) fee simple estate; or
(ii) leasehold estate,
as the case may be, in the unit determinable in accordance with
section 49, 51 or 52; and
(b) the undivided share in -
(i) the fee simple estate; or
(ii) the leasehold estate,
as the case may be, in the common property to which the
proprietor of the unit is entitled by virtue of section 11; and
(c) the undivided share in -
(i) the fee simple estate; or
(ii) the leasehold estate,
as the case may be, in all the units to which the proprietor of the
unit is contingently entitled by virtue of sections 49 and 51.
(3) On the creation of a unit estate in a unit:
(a) that estate may devolve or be transferred, leased,
mortgaged or settled; and
(b) a transfer, lease, mortgage or settlement of that estate
shall have the same effect as if the estate were -
(i) an estate in fee simple in land; or
(ii) an interest in land under a lease, as
the case may be,
but -
(c) the fee simple estate, or the interest as lessee, as the
case may be, in the land the subject of the
development, shall not be capable of devolving
or being dealt with in any way; and


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(d) except as provided in section 11, none of the
component parts of the unit estate in that unit
shall be capable of devolving or being dealt with
independently of the other component parts
thereof.
(4) Notwithstanding subsection (3), a proprietor of a unit
shall not grant an easement over the unit except with the
consent of the proprietor, and any mortgagee of each unit
comprising the development.
(5) When a unit is transferred, leased, mortgaged, settled or
otherwise dealt with, it shall be described in the computer folio
certificate evidencing the transaction as “Unit No. ……………
on Unit Plan No. …………...”.

6. Restrictions on deposit of plan-(1) Subject to
subsection (2), a unit plan shall not be accepted by the Registrar
for deposit:
(a) while the land to which it relates is held in more than
one folio of the Register; or
(b) unless the land to which it relates is the whole of the
land in a folio of the Register; or
(c) until it has been approved by a licensed surveyor; or
(d) unless -
(i) if the land is held under a lease – the lessor;
(ii) the registered proprietor of any mortgage or
charge affecting the land or part of it; and
(iii) any caveator whose caveat against the land
was lodged with the Registrar before the application
to deposit the plan,
have given written consent, either personally or by an agent
duly authorised in writing, to its being deposited; or
(e) unless a development consent has been given by the
Agency to the effect that every building shown
on the plan has been erected, and all other
development work has been carried out, to the
extent necessary to enable all the boundaries of
every unit and the common property shown on
the plan to be physically measured; or

2009, No. 19 Unit Titles 9

(f) the plan does not comply with the requirements of
section 5(1).
(2) Subsections 1(a) and (b) shall not prevent a plan being
accepted for deposit where one computer folio certificate can
properly be issued for the land to which the plan relates.
(3) The approval of a licensed surveyor referred to in
subsection (1)(c), when endorsed on a unit plan, shall have
effect to:
(a) approve, for the purposes of the survey provisions of
the Survey Ordinance 1961 and Part III of the
Lands, Surveys and Environment Act 1989 (as
the case requires), survey definitions
incorporated in the plan; and
(b) approve, for the purposes of this Act and the Land
Titles Registration Act 2008, the definitions of
all the units and common property shown on the
plan; and
(c) render the plan the property of the Government.

7. Responsibilities, etc of the Agency-(1) The Agency shall
not refuse to give a development consent in respect of a unit
plan under section 6(1)(e) except on one (1) or more of the
following grounds, in addition to the grounds set out in the
Planning and Urban Management Act 2004:
(a) that -
(i) a building shown on the plan has not been
erected; or
(ii) other development work has not been carried
out,
to the extent necessary to enable the boundaries of each unit and
the common property shown on the plan to be physically
measured:
(b) that -
(i) a building has been erected; or
(ii) other development work requiring a permit
from the Agency has been carried out on the land,
without a necessary consent from the Agency having been
obtained;


10 Unit Titles 2009, No. 19

(c) that a building on the land has been erected -
(i) in a place in relation to a boundary; or
(ii) to a height,
that contravenes the Planning and Urban Management Act
2004:
(d) that a building or another part of the development
contravenes the Planning and Urban
Management Act 2004 in a manner other than
that referred to in paragraph (c) to an extent that
requires the making of alterations that may affect
the situation or a boundary of -
(i) a unit; or
(ii) a part of the common property,
shown on the plan.
(2) Where:
(a) the Agency has given a development consent in
respect of a unit plan under section 6(1)(e); and
(b) that plan has been deposited under this Act,
the Agency, notwithstanding any written law or rule of law
to the contrary shall have no power to require an alteration to a
building or another particular development that may affect the
location or a boundary of:
(c) a unit; or
(d) a part of the common property,
shown on the plan, but may otherwise pursue remedies it may
have, including prosecution of a person, in respect of non-
compliance with the Planning and Urban Management Act
2004.
(3) The Agency shall not be under any civil or criminal
liability in respect of the giving in good faith of a development
consent under section 6(1)(e).

8. Unit entitlement-(1) Before a plan is accepted for
deposit there shall be assigned to:
(a) each principal unit; and
(b) each accessory unit,
shown on the plan a unit entitlement, to be fixed by a licensed
valuer, on the basis of the relative value of the unit in relation to
each of the other units on the plan.

2009, No. 19 Unit Titles 11

(2) Subject to sections 21(5)(d) and 48(3)(d), after a unit
plan has been deposited a change shall not be made in the unit
entitlement of a unit shown on the plan.
(3) A unit entitlement assigned to a unit in accordance with
subsection (4) shall be used for determining the following
matters, namely:
(a) the proprietor’s share in the common property in
accordance with section 11;
(b) the extent of the proprietor’s liability for damages
and costs under section 16(6);
(c) the extent of the proprietor’s -
(i) obligation under section 17(2)(c) in respect of
contributions levied by the body corporate; and
(ii) rights under section 17(3) on a distribution of
any surplus money or personal property;
(d) the extent of the proprietor’s obligation for payment
of rent and other money under section 29;
(e) the extent of the proprietor’s share of the value of
any buildings, fixtures, and other improvements
under section 33(2);
(f) the share in the land which is to vest in the proprietor
under section 49(6)(a) on the cancellation of the
unit plan;
(g) subject to section 52(5), the proportion in which
money received or held by the body corporate
for distribution among the proprietors is to be
distributed among them in accordance with
section 49(8).

9. Existing easements or restrictions affecting
land-(1) The deposit of a unit plan shall have no effect on:
(a) an easement or restriction as to user to which the
land to which the plan relates is subject; or
(b) an easement or restriction as to user which is
appurtenant to that land.


12 Unit Titles 2009, No. 19

(2) Notwithstanding any Act to the contrary, the Registrar
shall:
(a) require an easement or restriction referred to in
subsection (1) to be recorded by diagram, words,
or otherwise on the unit plan; and
(b) not note the easement or restriction on a folio of the
register for the unit plan.

10. Folios of the Register for the unit plan-(1) On the
deposit of a unit plan, the Registrar shall create a new folio of
the Register for each unit estate, either in freehold or leasehold,
in all of the units shown on the unit plan.
(2) The Registrar shall enter a memorial of:
(a) all unsatisfied mortgages, leases and other estates
and interests, outstanding or otherwise, to which
the land is subject at the time of deposit of the
unit plan; and
(b) in the case of a minor or a person under any other
legal disability holding the unit estates of any
units shown on the unit plan, state the particulars
of that disability so far as the Registrar has
noticed or knowledge of it, in the relevant folio
or folios of the Register, in such manner as to
preserve their priority.
(3) A folio of the Register created under this section shall be
deemed to be a folio of the Register created under the Land
Titles Registration Act 2008.
(4) It shall not be necessary in a folio of the Register created
under this section to record the quantum of the undivided share
in the common property to which the proprietor is entitled by
virtue of section 11(1).

11. Common Property-(1) On the deposit of a unit plan,
the Registrar shall create a new folio of the Register for the
common property, either in freehold or leasehold, shown on the
unit plan.
(2) The common property shall be held by the proprietors of
all the units as tenants in common in shares proportional to the
unit entitlements in respect of their respective units.

2009, No. 19 Unit Titles 13

(3) Nothing in subsection (2) shall affect the interests among
themselves of the proprietors of the unit estate in an individual
unit.
(4) While the same person can be the proprietor of more
than one unit, subsection (2) shall apply as if there were a
different proprietor of each unit.
(5) The proprietors of all the units may:
(a) sell or lease part of the common property; or
(b) grant an easement over the common property
or part of it.

12. Independent dealings with accessory units
restricted-(1) Subject to subsection (2), an accessory unit or an
interest in it shall not be sold, leased, mortgaged, or otherwise
disposed of or dealt with except as part of a sale, lease,
mortgage, disposition, or other dealing which includes a
principal unit or a corresponding interest in a principal unit.
(2) The proprietor of a principal unit that includes an
accessory unit in its folio of the Register may let the accessory
unit on a weekly tenancy or on a tenancy determinable at the
will of the parties by one (1) month’s written notice.
(3) Where the folio of the Register for a principal unit
includes an accessory unit, an interest in that principal unit,
shall not be sold, lease, mortgage, disposition, or dealing which
includes the accessory unit or a corresponding interest in the
accessory unit.
(4) Any purported sale, lease, mortgage, disposition, or
dealing with an accessory unit in contravention of subsection
(1) or a principal unit in contravention of subsection (3) shall be
void and of no effect.
(5) Nothing in subsection (4) shall affect the devolution of
any unit upon the death of the proprietor thereof to the executor
or administrator of the deceased proprietor’s estate.

13. Incidental rights-(1) The common property and each
unit on a unit plan shall, by virtue of this section, have as
appurtenant thereto all such rights of support, shelter, and
protection, and rights for the passage or provision of water,
sewerage, drainage, gas, electricity, oil, garbage, air, and other


14 Unit Titles 2009, No. 19

services of whatsoever nature, including telephone, radio,
internet and television services, over the land to which the unit
plan relates and every part of that land as may from time to time
be necessary for the reasonable use or enjoyment of the
common property or unit.
(2) The common property and each unit on a unit plan shall,
by virtue of this section, have as appurtenant to it:
(a) a right to the full, free, and uninterrupted access and
use of light to or for windows, doors, or other
apertures existing at the date of deposit of the
unit plan and enjoyed at that date; and
(b) a right to maintain overhanging eaves existing at the
date of deposit of the unit plan,
over the land to which the plan relates and every part of that
land.
(3) The rights created by this section shall carry with them
all ancillary rights necessary to make them effective as if they
were easements.

14. Proprietors to constitute body corporate-(1) On the
deposit of a unit plan, the registered proprietor of the land to
which the plan relates shall become a body corporate.
(2) After the deposit of a unit plan the proprietor, or
proprietors, for the time being of all the units comprised in the
unit plan, shall by virtue of this Act, be the body corporate.
(3) The body corporate shall have the designation “Body
Corporate Number ……….” (being the registered number of the
unit plan).
(4) The body corporate shall have a common seal.

15. Actions by and against the body corporate-(1) A body
corporate may:
(a) sue and be sued in its corporate name; and
(b) do and suffer all other things that bodies corporate
may do and suffer.
(2) Without restricting the generality of subsection (1), a
body corporate may sue for and in respect of damage or injury
caused to the common property, whether or not caused by a unit
proprietor.

2009, No. 19 Unit Titles 15

16. Liability in tort-(1) Where any proceedings are brought
in any court of competent jurisdiction in tort or in respect of an
alleged breach of any statutory duty and it is required by law
that the proceedings be brought against the owner or occupier of
any particular parcel of land or premises, this section shall apply
notwithstanding any Act or rule of law to the contrary.
(2) For the purposes of any proceedings to which this
section applies:
(a) the common property and each of the units shall be
separate premises; and
(b) where the proceedings are brought in respect of the
common property, the body corporate shall be
deemed to be the owner and the occupier of the
common property, and any judgment which may
be awarded to the plaintiff shall subject to
subsection (3) be entered against the body
corporate accordingly.
(3) Where the cause of action arose through the negligence
or unauthorised act or omission of one (1) or more of the
proprietors or former proprietors of a unit, the body corporate
may join that proprietor or those proprietors as co-defendants,
and judgment may be given against the body corporate and such
proprietor or proprietors jointly and severally.
(4) The amount of a judgment, including costs, given jointly
and severally as provided in subsection (3) may be recovered as
a debt by the body corporate from the proprietor or proprietors
against whom judgment is given.
(5) Where the defendant in any proceedings to which this
section applies is the body corporate, the proprietors of the units
at the time when judgment is entered shall be deemed to have
guaranteed to the plaintiff the payment by the body corporate of
the full amount awarded by way of judgment.
(6) The liability of each proprietor under subsection (5) is
limited to an amount equal to such part of the nett sum payable
by the body corporate in accordance with the judgment as is
proportionate to the unit entitlement of the proprietor’s unit.


16 Unit Titles 2009, No. 19

(7) For subsection (6), “the nett sum payable by the body
corporate in accordance with the judgment” means the total sum
payable by the body corporate in accordance with the judgment
less:
(a) any amount which the body corporate recovers under
a policy of insurance; and
(b) any amount -
(i) paid by a proprietor against whom judgment
is given pursuant to subsection (3); or
(ii) recovered from such proprietor under
subsection (4),
as the case may be.
(8) Where an amount is recovered from a proprietor, under
subsection (4), after satisfaction of the judgment by the body
corporate, it shall, subject to any right of set-off, be refunded to
those proprietors who have made a payment under subsection
(6), in proportion to the amount of their payments.
(9) Where a proprietor pays to the plaintiff a sum which the
proprietor is liable to pay under subsection (5), the proprietor
may recover that sum from the body corporate in a court of
competent jurisdiction as a debt due to the proprietor from the
body corporate.
(10) Subsection (9) shall not prevent a body corporate in an
action referred to in that subsection from claiming a sum due to
it from a proprietor under this Act by way of set-off.
(11) If a body corporate at a general meeting so resolves, a
sum payable by it in accordance with this section may be paid
out of any general fund established by it.

17. Duties of body corporate-(1) A body corporate shall:
(a) subject to this Act, carry out the duties imposed on it
by its rules; and
(b) insure and keep insured all buildings and other
improvements on the land, which shall include
demolition costs and architect’s fees against fire,
flood, explosion, wind, storm and tempest,
hail, aircraft and devices dropped from aircraft,

2009, No. 19 Unit Titles 17

impact, riot, strikes and civil commotion,
malicious damage and earthquakes; and
(c) effect such other insurance as it is required by law to
effect or as it may consider expedient; and
(d) subject to sections 49, 50, 51 and 52, apply as soon
as practicable insurance money received by it in
respect of damage to a building or improvements
in the rebuilding or reinstating may lawfully be
effected; and
(e) pay the premiums in respect of policies of insurance
effected by it; and
(f) keep the common property in good repair; and
(g) comply with notices or orders served on it by any
government authority or public body requiring
repairs to, or work to be performed in respect of,
the land in respect of which it is the body
corporate, or a building or improvement on that
land; and
(h) subject to this Act, control, manage and administer
the common property and do all things
reasonably necessary for the enforcement of the
rules; and
(i) do all things reasonably necessary for the
enforcement of and compliance with the deed of
lease under which the land is held; and
(j) do all things reasonably necessary for the
enforcement of any contract of insurance entered
into by it under this section.
(2) A body corporate shall also:
(a) establish and maintain a fund for administrative
expenses sufficient, in the opinion of the body
corporate -
(i) for the control, management and
administration of the common property; and
(ii) for the payment of insurance
premiums, any rent, rates, and repairs; and
(iii) for the discharge of the other
obligations of the body corporate; and


18 Unit Titles 2009, No. 19

(b) determine from time to time the amounts to be raised
for the purposes referred to in paragraph (a); and
(c) raise amounts determined under paragraph (b) by
levying contribution on each proprietor in
proportion to the unit entitlement of that
proprietor’s unit.
(3) A body corporate may, pursuant to a resolution of the
proprietors, distribute money or personal property in its
possession and surplus to its current requirements, among the
proprietors according to their unit entitlements.
(4) For the purposes of effecting a policy of insurance under
subsection (1), a body corporate is deemed to have an insurable
interest in all the buildings and other improvements on the land
in respect of which it is the body corporate.
(5) A policy of insurance authorised by this section and
effected by a body corporate in respect of a building or other
improvement on the land shall not be liable to be brought into
contribution with another policy, unless that other policy is a
policy authorised by this section in respect of the same building
or improvement.

18. Powers of body corporate-(1) Subject to this Act, a
body corporate shall have all powers reasonably necessary to
enable it to carry out the duties imposed on it by this Act and by
its rules.
(2) A body corporate shall not have power to carry on a
trading activity.
(3) A body corporate may appoint a manager on such terms
as it may unanimously resolve to carry out the responsibilities
and duties imposed on it by this Act and by its rules.
(4) The appointment of a manager and the terms and
conditions upon which the appointment is held shall be recorded
in a management agreement and shall be binding upon each and
every proprietor for the time being who shall hold their unit
subject to any restrictions and powers affecting it and contained
in the management agreement.


2009, No. 19 Unit Titles 19

19. Dealings affecting the common property-(1) Subject
to subsection (2), an instrument evidencing a transfer, lease or
grant of easement affecting:
(a) the common property; or
(b) land that is to become part of the common property,
may be executed by a body corporate, if the transfer, lease, or
dealing has been approved by unanimous resolution of the body
corporate.
(2) The transfer, lease or grant of an easement shall not
apply to the holder of a lease of freehold land or of a customary
land lease.

20. Registration of transfers of common property-(1) A
transfer in the approved form under the Land Titles Registration
Act 2008 of the whole or a part of the common property shall,
in addition to any plan that the Registrar may require to be
deposited under the Land Titles Registration Act 2008, be
accompanied by a new unit plan, which shall:
(a) be in substitution for, and shall be deposited under
the same number as the existing unit plan; and
(b) show the effect of the transfer to the satisfaction of
the Registrar.
(2) Where a unit is subject to an existing registered
mortgage, charge, lease or sublease, the Registrar shall not
register a transfer of the whole or a part of the common property
until there has been produced to the Registrar the written
consent of every registered mortgagee, annuitant, lessee and
sublessee to the release of that person’s interest in the land
comprised in the transfer, and, on registration of the transfer
each such consent shall operate as a discharge of the mortgage
or charge or surrender of the lease or sublease, as to the land
comprised in the transfer, as the case may be.
(3) The Registrar shall register a transfer to which
subsection (1) applies by entering an appropriate memorial
relating to the transfer on the new unit plan and on the
supplementary record sheet.


20 Unit Titles 2009, No. 19

(4) This section does not restrict the operation of section 22.
(5) This section shall apply to every case where any
common property is taken under the Taking of Lands Act 1965
and if the body corporate so requests by notice in writing, a
licensed surveyor employed in the Ministry shall, at the expense
of the ministry, department or agency of the Government
benefiting from the action, prepare the new unit plan required
by subsection (1).

21. Additions to common property-(1) Land which is
transferred, free from any registered mortgage, charge, lease, or
sublease to the registered proprietors of all the units shown on
the unit plan, whether by name or general description, may be
included in the subdivision to which the unit plan relates as part
of the common property if the transfer contains, or has endorsed
on it or annexed to it, a request by the body corporate that
purports to be given in pursuance of a unanimous resolution of
the body corporate or a request by the transferees to the
Registrar so to do, and:
(a) where a unit estate in freehold exists in the units
shown on the plan – the transfer is of an estate in
fee simple in the land to which it relates; or
(b) where a unit estate in leasehold exists in the units
shown on the plan – the transfer is of an estate as
lessee from the lessor of the land already
included in the subdivision under a lease for the
remaining period, on the same terms and
conditions (other than the amount of rent), and
containing the same provisions as the current
lease of the land already included in the
subdivision.
(2) A unit, together with the undivided share in common
property of the proprietor of that unit, which is transferred free
of any registered mortgage, charge, lease, or sublease to the
proprietors of all the other units shown on a unit plan, whether

2009, No. 19 Unit Titles 21

by name or general description, may be included in the
subdivision to which the unit plan relates, as part of the
common property if the transfer contains or has endorsed on it
or annexed to it a request by the body corporate that purports to
be given in pursuance of a unanimous resolution of the body
corporate or a request by a transferee to the Registrar, that the
unit be so included.
(3) A transfer to which subsection (1) or (2) relates shall,
when presented for registration, be accompanied by a new unit
plan, which shall:
(a) be in substitution for, and shall be deposited under
the same number as, the existing unit plan; and
(b) show the effect of the transfer to the satisfaction of
the Registrar; and
(c) have endorsed on it an amended schedule of unit
entitlements assigned in accordance with
section 8(1).
(4) The registration of a transfer under subsection (1) or (2)
shall have the effect of including the transferred land or unit as
part of the relevant common property, and the undivided share
of the proprietor of each other unit in the land or unit so
included shall be held by the proprietor subject to the same
terms, conditions, liabilities, and encumbrances as those on and
subject to which the proprietor held the unit immediately before
the registration of the transfer, and subject in all respects to any
mortgage, charge, lease, or sublease then affecting the
proprietor’s unit as if the transferred land had been included
expressly.
(5) The Registrar shall register a transfer under subsection
(1) or (2) by:
(a) entering on the new unit plan and on the
supplementary record sheet an appropriate
memorial relating to the transfer; and
(b) entering on the new unit plan a memorial of any
easement that is appurtenant to the land shown
on that plan or to which that land is subject; and


22 Unit Titles 2009, No. 19

(c) where the transfer is of a unit shown on the existing
plan, recording on the new unit plan that the unit
entitlement of that unit has been cancelled and
that the aggregate unit entitlement shown on the
plan has been reduced by the amount of the unit
entitlement of that unit.
(6) This section does not restrict the operation of section 22.

22. Supplementary record sheets and new unit
plans-(1) The Registrar shall, as soon as it becomes necessary
for the purposes of this Act to do so, set up in relation to a unit
plan and body corporate, a supplementary record sheet, on
which the Registrar shall note appropriate memorials relating
to:
(a) instruments which are registered and affect the whole
or any part of the common property,
independently of the units, to which the unit plan
relates; and
(b) other matters which, in accordance with this Act,
have to be noted on a supplementary record
sheet.
(2) A supplementary record sheet shall be maintained in the
same manner as a folio of the Register, and the number of the
supplementary record sheet shall be entered on the unit plan or
its recorded copy.
(3) Where, under sections 20, 21 and 48, a new unit plan is
deposited under the same number as a previous unit plan:
(a) the previous unit plan shall be filed under a different
number; and
(b) the plan so deposited shall be noted so as to show
clearly that it is in substitution for the earlier
plan which shall be identified by the number
under which it is filed; and
(c) where a unit is described in a computer folio
certificate or any other instrument by reference
to a numbered unit plan, the reference shall be
read as a reference to the plan for the time being
deposited under that number.

2009, No. 19 Unit Titles 23

(4) The Registrar shall:
(a) where he or she issues a copy of a previous unit plan
- indicate on the copy the number under which
that previous unit plan has been refiled; and
(b) where he or she issues a copy of a unit plan in
respect of which a supplementary record sheet
has been set up - indicate on that copy the
reference number of that supplementary record
sheet.

23. Approval of Registrar to transfer etc.-(1) The
approval of the Registrar is required for a transfer or assignment
(other than an assignment by way of mortgage) of a unit estate
in fee simple or in leasehold, provided that the Registrar’s
approval must not be unreasonably or arbitrarily withheld.
(2) The Registrar, in considering whether to approve or
withhold approval, must have regard to the following matters:
(a) the nature of the use to which the purchaser assignee
or lessee proposes to devote the unit estate and
his or her ability to achieve that purpose;
(b) whether the transfer or assignment would be in or
against the public interest, and whether the
intended use of the unit estate will be in the
interests of the community generally;
(c) whether a withholding of approval of consent would
result in substantial hardship to the transferor or
assignor;
(d) any other matters (if any) prescribed from time to
time.
(3) An application to the Registrar for approval must be in
the approved form, which may be in the form of a statutory
declaration.
(4) If approval is withheld by the Registrar, and the
transferor or assignor believes the withholding of approval is
unreasonable or arbitrary, the transferor or assignor may apply
in writing to the Minister administering this Act to review the
withholding of approval and the Minister, upon review, may
confirm the withholding of approval or direct that approval be
given.


24 Unit Titles 2009, No. 19

PART 3
SPECIAL PROVISIONS RELATING
TO LEASEHOLD LAND

24. Application of Part 3-(1) Where a deposited unit plan
relates to a leasehold estate in land, this Part shall apply
notwithstanding anything contained or implied in the lease of
that land.
(2) Parts 2 and 4, in so far as they relate to leasehold estates
in land, shall be read subject to this Part.
(3) In this Part, unless the context otherwise requires,
“lease” means a lease of land the subject of a unit plan.

25. Preservation of lessor’s interest-(1) Neither the
deposit of a unit plan nor a dealing with a unit shown on a unit
plan shall be or deemed to be a severance of the lessor’s
reversionary estate in the land.
(2) Subject to this Part, the lessor may deal with the
reversionary estate in the leased land in all respects as if the unit
plan had not been deposited.

26. Powers of body corporate in respect of
lease-(1) Subject to this Act, on the deposit of a unit plan and
until its cancellation, the body corporate shall:
(a) become and be entitled to sue and be sued as if it
were the lessee under the lease and had all rights,
powers and privileges belonging or appertaining
to the lessee; and
(b) become and be subject to and liable for the same
requirements and liabilities as those to which it
would have been subject and liable if originally
named in the lease as lessee of the land.
(2) A cause of action in respect of a breach by the lessor of a
covenant, agreement, or stipulation expressed or implied in the
lease and on the part of the lessor to be performed or observed
shall not lie at the suit of a proprietor of a unit or the proprietor
of an estate or interest in a unit.

2009, No. 19 Unit Titles 25

(3) A cause of action in respect of a breach by the proprietor
of a unit or the registered proprietor of an estate or interest in a
unit of a covenant, agreement or stipulation expressed or
implied in the lease and on the lessee’s part to be performed or
observed shall not lie at the suit of the lessor.

27. Dealing with unit estate in leasehold-(1) The lessor’s
consent shall be required to an assignment, (including an
assignment by way of a mortgage of a unit estate in leasehold of
Government land), or to a transfer of a unit estate in leasehold,
provided that the lessor’s consent shall not be unreasonably or
arbitrarily withheld.
(2) For the purposes of this section, the deposit of a plan of
redevelopment under section 48 affecting a unit shall not be
deemed to be a dealing with the unit estate in leasehold in that
unit.
(3) This section shall not preclude the right of a lessor to
require the payment by the person seeking the assignment or
transfer of the lessor’s reasonable expenses in relation to the
granting of consent to an assignment or transfer.

28. Restrictions on surrenders and releases-(1) After the
deposit of a unit plan, and until its cancellation, the following
provisions shall apply:
(a) a proprietor of a unit shall not be entitled to surrender
or agree to surrender the unit estate in leasehold
in that unit to the lessor, whether for valuable
consideration or otherwise;
(b) the lessor shall not be entitled to release or agree to
release a unit or the common property or a part
of it from the lease, whether for valuable
consideration or otherwise;
(c) where the proprietor of a unit purchases or acquires,
whether by operation of law or otherwise, the
lessor’s reversionary estate in the land, that
estate shall not merge with the unit estate in
leasehold in that unit;


26 Unit Titles 2009, No. 19

(d) where the lessor purchases or acquires the unit
estate in leasehold in a unit, whether by
operation of law or otherwise, that estate shall
not merge with the lessor’s reversionary estate.
(2) A purported surrender or release in contravention of
section 28(1)(a) or (b) is void and of no effect.
(3) This section shall not prohibit:
(a) all the proprietors of all the units from dealing with
the common property as lessee of that property;
or
(b) all the proprietors of all the units from surrendering
or agreeing to surrender to the lessor the unit
estates in leasehold in all the units; or
(c) the lessor from releasing or agreeing to release all the
units together with the whole of the common
property from the lease.

29. Implied guarantee by unit proprietors-(1) Subject to
subsection (2), each proprietor of a unit to which this Part
applies is deemed to have guaranteed to the lessor:
(a) the payment by the body corporate of the rent
reserved under the lease on the days and in the
manner prescribed in the lease; and
(b) the performance or observance by the body corporate
of the covenants, agreement, and stipulations
contained or implied in the lease and on the
lessee’s part to be performed or observed.
(2) The liability of each proprietor referred to in
subsection (1) under the guarantee deemed by that subsection to
have been given in respect of rent or other money payable under
the lease to the lessor, including money which has become
payable by virtue of a breach by the body corporate of a
covenant, agreement, or stipulation contained or implied in the
lease:
(a) is limited to such proportion of the rent or other
money so payable as the unit entitlement of that
proprietor’s unit bears to the aggregate unit
entitlement of all the units shown on the plan;
and

2009, No. 19 Unit Titles 27

(b) relates only to the rent and other money due or
accruing due while he or she is the proprietor of
that unit.
(3) No neglect or forbearance of the lessor in endeavouring
to obtain payment of the rent or other money payable under the
lease or to enforce the performance or observance of the
covenants, agreements, and stipulations contained or implied in
the lease by the body corporate, and no time or other indulgence
which may be given to the body corporate by the lessor shall
release, exonerate, or affect the liability of a proprietor under
subsection (1).
(4) Subject to subsection (5), where a proprietor pays to the
lessor a sum which the proprietor is liable to pay under
subsection (1), the proprietor may recover that sum from the
body corporate in a court of competent jurisdiction as a debt due
to the proprietor from the body corporate.
(5) Subsection (4) does not prevent a body corporate in an
action referred to in that subsection from claiming any sum due
to it from that proprietor under this Act by way of set-off.

30. Exclusion of powers of forfeiture, re-entry and
distress-(1) After the deposit of a unit plan to which this Part
applies, and until its cancellation:
(a) a right of forfeiture or re-entry, whether for
non-payment of rent or otherwise, shall not be
exercisable by the lessor; and
(b) a right of distress, whether for non-payment of rent
or otherwise shall not be exercised by the lessor.
(2) Subject to subsection (3), where the proprietor of a unit
becomes liable under section 29(1) to pay to the lessor a sum,
whether in respect of rent or other money payable under the
lease, the lessor may subject to subsection (3), enforce payment
of the sum in the same manner as the proprietor would have
been able to do if the sum had been rent in arrears from the date
on which the liability of that proprietor to pay arose and that
proprietor had been lessee under the lease.
(3) Subsection (2) shall not entitle, empower or authorise a
lessor to forfeit or determine a proprietor’s interest under a lease
or to distrain for rent.


28 Unit Titles 2009, No. 19

31. Lessor may apply for appointment of administrator
or cancellation of unit plan-(1) If:
(a) the rent or any part thereof is in arrears for one (1)
month; or
(b) the body corporate has failed to perform or observe a
covenant, condition, or stipulation contained or
implied in the lease and on the part of the lessee
to be performed or observed,
the lessor may:
(c) apply to the Court for the appointment of an
administrator, in which case section 44, with
necessary modifications, applies; or
(d) apply to the Court for the cancellation of the unit
plan, in which case section 50, with necessary
modifications, applies.
(2) Where:
(a) on an application made by the lessor under
subsection (1)(d), the Court makes a declaration
authorising the cancellation of the unit plan; and
(b) all conditions and directions imposed or given by the
Court have been complied with,
the lessor may, within six (6) months after the date of the
declaration, apply to the Registrar for cancellation of the plan,
in which case section 49, with necessary modifications, applies.
(3) Notwithstanding subsection (1) an application shall not
be made under subsection (1)(c) or (1)(d) by the lessor until:
(a) the lessor serves on the body corporate and upon
each registered proprietor a notice -
(i) specifying the particular breach
complained of; and
(ii) if the breach is capable of remedy,
requiring the body corporate to make
compensation in money for the breach; and
(b) the body corporate fails within a reasonable time
after the service of the notice -

2009, No. 19 Unit Titles 29

(i) to remedy the breach, if it is capable of
remedy; and
(ii) to make reasonable compensation for the
breach in money,
to the satisfaction of the lessor.
(4) A notice under subsection (3) shall not be required
where the breach complained of is non-payment of rent.
(5) Where the lessor applies to the Court under subsection
(1)(d) for the cancellation of the unit plan, the body corporate
may apply to the Court for relief, and the Court, having regard
to the conduct of the parties and to all the circumstances of the
case, may grant or refuse relief, as it thinks fit, and, if it grants
relief, may grant it on such terms, if any, as to costs, expenses,
damages, compensation, penalty or otherwise, including the
granting of an injunction to restrain a like breach in the future.

32. Expiry of lease-(1) The term of a lease or a renewed or
extended term shall be deemed not to have expired until:
(a) the unit plan has been cancelled; or
(b) a certificate of expiry has been registered in
accordance with subsection (3).
(2) On the cancellation of the unit plan, the term of the lease
shall be deemed to expire, unless the lessor:
(a) has consented, in writing, to the cancellation of the
plan; and
(b) agreed that the lease is to continue in force according
to its tenor.
(3) At any time after the date on which the lease or any
extended or renewed term is by the relevant instrument
expressed to expire:
(a) the lessor; or
(b) persons who are together entitled to exercise more
than one-third of the votes on an ordinary
resolution of the proprietors,
on giving 14 days written notice to the body corporate, may
lodge with the Registrar a certificate of expiry in the prescribed
form, and, on receiving the certificate, the Registrar shall, if he
or she is satisfied that the term of the lease or an extended or
renewed term has expired:


30 Unit Titles 2009, No. 19

(c) cancel the unit plan; and
(d) cancel the computer folio certificate to each of the
units; and
(e) enter a memorial of the expiry of the term on the
lease and its counterpart and on the lessor’s
computer folio certificate.
(4) For the purposes of subsection (3)(e), the counterpart of
the lease shall be delivered to the Registrar when the certificate
of expiry is lodged with the Registrar.

33. Renewal or expiry of lease and purchase of
reversionary interest-(1) Where, the term of the lease is to be
extended or under the lease a right of renewal of the lease or an
option to purchase the reversionary estate in the land is given to
the lessee, the following provisions apply:
(a) in the case of a right of renewal or extension of the
lease - the consent of persons who are together
entitled to exercise not less than two-thirds of the
votes on an ordinary resolution of the proprietors
shall be sufficient to approve the terms of the
renewal or extension of the lease; or
(b) in the case of an option to purchase the reversionary
estate in the land - the consent of the proprietors
of all the units shall be required to the terms of
the purchase.
(2) Where, on the expiry of a lease, the lessee is entitled
under the lease to an amount equal to the value of buildings,
fixtures, and other improvements on the land or to part of that
value, then, notwithstanding section 26 but subject to subsection
(3), the persons who were the proprietors of the units
immediately before that expiry shall be entitled to receive that
amount in shares proportionate to the unit entitlement of their
respective units.
(3) If the Court considers that it is inequitable to apportion
the amount referred to in subsection (2) among the persons and
in the shares specified in that subsection, it may apportion that
amount among them in shares proportionate to the relative
values of the units.

2009, No. 19 Unit Titles 31

34. Merger-(1) Where the lessor has purchased or acquired,
whether by operation of law or otherwise, the unit estates in
leasehold in all the units shown on the unit plan, those estates
shall not merge with the lessor’s reversionary estate in the land
until the lessor deposits with the Registrar a declaration that it is
the lessor’s intention that a merger should occur.
(2) Where all the proprietors of all the units shown on the
unit plan have purchased or acquired, whether by operation of
law or otherwise, the reversionary estate in the whole of the
land, that estate shall not merge with the unit estates in
leasehold in those units unless and until:
(a) that reversionary estate is purchased or acquired by
those proprietors in shares proportional to the
unit entitlement of their respective units; and
(b) the registered proprietors deposit with the Registrar a
declaration that it is their intention that a merger
should occur.
(3) The effect of a merger referred to in subsection (1)
or (2) is:
(a) where the lessor has purchased or acquired the unit
estates in leasehold in all of the units shown on
the plan – to vest the unit estate in freehold in
each of the units in the lessor; or
(b) where all the registered proprietors of the unit estates
in leasehold in all the units shown on the plan
have purchased or acquired the reversionary
estate in the land – to vest the unit estate in
freehold in each unit in the person who
immediately before the merger was the
proprietor of the unit.
(4) On the deposit of a declaration under subsection (1) or
(2)(b), the Registrar, if he or she is satisfied that the unit estates
in leasehold in all of the units shown on the plan have merged
under the provisions of this section with the reversionary estate
in the land, shall:


32 Unit Titles 2009, No. 19

(a) note on the supplementary record sheet a memorial
of the merger; and
(b) cancel the computer folio certificate in respect of the
unit estate in leasehold in each of the units; and
(c) issue a computer folio certificate in respect of the
unit estate in freehold in each unit to the person
entitled to it under subsection (3); and
(d) cancel the lease; and
(e) cancel the lessor’s computer folio certificate.
(5) For the purposes of subsection (4), the counterpart of the
lease shall be delivered to the Registrar at the time of the
deposit of the declaration under subsection (1) or (2)(b).

PART 4
MISCELLANEOUS PROVISIONS

35. Recovery of contributions – Contribution levied in
accordance with section 17(2)(c) is due and payable in
accordance with the terms of the relevant determination, and so
much of the amount as from time to time becomes payable may
be recovered as a debt by the body corporate in an action in a
court of competent jurisdictions from either:
(a) the person who was the proprietor of the unit at the
time when the amount became payable; or
(b) subject to section 40, the proprietor of the unit at the
time when the proceedings are instituted.

36. Recovery of money expended for repairs and other
work-(1) Where the body corporate does any repair, work, or
act which it is required or authorised by or under this Act or by
or under any other Act to do (whether or not the repair, work or
act is done pursuant to any notice or order served on it by a
local authority or public body) but the repair, work or act is
substantially for the benefit of one unit only or is substantially
for the benefit of some of the units only, or benefits one or more
of the units substantially more than it benefits the others or
other of them, any expense incurred by it in doing the repair,

2009, No. 19 Unit Titles 33

work or act shall be recoverable by it as a debt in any court of
competent jurisdiction in accordance with the following
provisions:
(a) so far as the repair, work or act benefits any unit by a
distinct and ascertainable amount, the proprietor
at the time when the expense was incurred and
(subject to section 40) the proprietor at the time
when the action is instituted shall be jointly and
severally liable for the debt; or
(b) so far as the amount of the debt is not met in
accordance with the provisions of paragraph (a),
it shall be apportioned among the units that
derive a substantial benefit from the repair, work
or act rateably according to the unit entitlements
of those units, and in the case of each such unit
the proprietor at the time when the expense was
incurred and (subject to section 40) the
proprietor at the time when the action is
instituted shall be jointly and severally liable for
the amount apportioned to that unit.
(2) If the Court considers that it would be inequitable to
apportion the amount of the debt in proportion to the unit
entitlements in accordance with subsection (1)(b), it may
apportion that amount in relation to those units in such shares as
it thinks fit, having regard to the relative benefits to those units.

37. Recovery of money expended where person at
fault - Where:
(a) a body corporate does any repair, work or act which
it is required or authorised by or under this Act
or any other written law, whether or not the
repair, work or act is done in pursuance of a
notice or order served on it by a public body or
authority; and
(b) the repair, work or act was rendered necessary by
reason of a wilful or negligent act or omission on
the part of, or a breach of a rule by, a proprietor
or his or her tenant, lessee, licensee or invitee,


34 Unit Titles 2009, No. 19

expenses incurred by the body corporate in doing the repair,
work or act shall be recoverable by it as a debt in a court of
competent jurisdiction from that proprietor.

38. Interest on money owing to body corporate - Where,
under section 35, 36 or 37, a registered proprietor owes money
to a body corporate, interest shall accrue in respect of so much
of the debt as remains unpaid at such rate as the body corporate
shall from time to time determine, being not more than 10 per
cent a year.

39. Limitation of liability of proprietors - Subject to this
Act, a proprietor shall not be liable to pay or contribute to the
funds of a body corporate an amount exceeding the due
proportion recoverable from that proprietor under sections 17(2)
and 35 of any amount required to discharge a liability, accrued
or prospective, of the body corporate.

40. Certificate of proprietor’s liability - A body corporate
shall, on the application of a proprietor (or a person authorised
in writing by a proprietor) or a purchaser or mortgagee of a unit,
certify in the prescribed form:
(a) the amount of any contribution determined as the
contribution of the proprietor and the period to
which the determination relates; and
(b) the manner and time of payment of that contribution;
and
(c) the extent to which that contribution has been paid
by the proprietor; and
(d) any amounts then recoverable by the body corporate
from the proprietor under sections 16(4),
17(2)(c) and section 35; and
(e) whether or not the body corporate has performed or
entered into a contract to perform or resolved to
perform any repair, work or act in respect of
which a liability has been or is likely to be
incurred by the proprietor under section 36 or 37
and the general nature of the repair, work or act;
and

2009, No. 19 Unit Titles 35

(f) the rate at which interest is accruing, under section
38, in respect of any amount owing to the body
corporate by the proprietor; and
(g) whether or not it has received notice that proceedings
are pending against the body corporate,
and, in favour of a person dealing with that proprietor, the
certificate shall be conclusive evidence of matters certified in it.

41. Rules-(1) Except as otherwise provided by this Act, the
control, management, administration, use and enjoyment of the
units and the common property shown on a unit plan, and the
activities of the body corporate that comprises the proprietors of
those units, shall, while there are more proprietors than one (1),
be regulated by the rules for the time being applicable to that
body corporate.
(2) Subject to any amendment to, repeal of, or addition to,
the rules, the rules applicable to a body corporate shall be those
prescribed by regulation.
(3) The rules to be prescribed may provide that certain of
those rules and any additions to or amendments of those rules,
may not be added to or amended or repealed in relation to a
body corporate unless there is either:
(a) a unanimous resolution of the proprietors; or
(b) a resolution of the body corporate at a general
meeting.
(4) Subject to this Act, an addition to, or amendment of, a
rule shall relate to:
(a) the control, management, administration, use or
enjoyment of the units or the common property;
or
(b) the regulation of the body corporate; or
(c) the powers and duties of the body corporate, other
than those conferred or imposed by this Act.
(5) Powers and duties may not be conferred or imposed by
the rules on a body corporate:
(a) unless those powers and duties are incidental to the
performance of the duties or powers imposed on
it by this Act; or


36 Unit Titles 2009, No. 19

(b) if they would enable the body corporate to -
(i) acquire or hold an interest in land or a chattel
real; or
(ii) carry on a business for profit.
(6) A rule or an amendment to, or repeal of, or addition to,
a rule shall not prohibit or restrict the devolution of a unit, or a
transfer, lease, mortgage or other dealing with a unit, or destroy
or modify a right implied or created by this Act.
(7) An amendment to, repeal of, or addition to, a rule in
pursuance of subsection (3) shall not have effect until the body
corporate has lodged a notification of the amendment, repeal or
addition with the Registrar in the prescribed form, and the
Registrar has recorded it on the supplementary record sheet.
(8) A body corporate shall keep a record of the rules
applicable to it from time to time.
(9) A body corporate shall, on the application of a
proprietor, or a person authorised by a proprietor to apply, and
on payment of any reasonable fee, supply to that proprietor or
person a copy of its rules.
(10) A body corporate shall, on the application of a person
who satisfies the body corporate that he or she has a proper
interest in so applying, make its rules available for inspection.
(11) The rules shall operate for the benefit of the body
corporate and every proprietor, and are binding on:
(a) the body corporate; and
(b) all proprietors; and
(c) any other person in actual occupation of a unit.
(12) A body corporate or a proprietor is entitled to apply to
the Court for an order:
(a) enforcing the performance of or restraining the
breach of a rule applicable to the body corporate;
or
(b) awarding damages for loss or damage arising out of
the breach of a rule by -
(i) a person bound to comply with the rule; or
(ii) the body corporate.


2009, No. 19 Unit Titles 37

42. Insurance-(1) In this section, unless the context
otherwise requires:
“insurer” means an insurer in respect of a principal
insurance policy;
“mortgage” means a mortgagee who, by virtue of
subsection (3), has an insurable interest in the property
covered by a principal insurance policy;
“principal insurance policy”, in relation to the units and
common property shown on a unit plan, means the
policy of insurance effected by the relevant body
corporate in accordance with section 17(1)(b).
(2) This section shall apply notwithstanding any written
law, rule of law or agreement to the contrary.
(3) A proprietor and a person entitled as mortgagee by
virtue of a registerable mortgage in respect of a unit each have
an insurable interest in the property covered by the principal
insurance policy.
(4) A body corporate shall give the insurer, and keep the
insurer informed, by notice in writing of the name and address
of each proprietor and each mortgagee.
(5) Subsection (4) does not prevent a proprietor or
mortgagee from giving notice to the insurer.
(6) A principal insurance policy shall not lapse or be
cancelled, but shall remain in full force and effect, until:
(a) the insurer has served on each proprietor and each
mortgagee of whom the insurer has had notice in
accordance with subsection (4) or (5) a notice to
the effect that the policy shall lapse or be
cancelled on the date specified in the notice,
being a date not earlier than thirty days after the
date on which the notice is served; and
(b) the date specified in the notice has arrived.
(7) Notwithstanding subsection (6)(a), it shall be sufficient
for the purposes of that subsection if the insurer sends the
required notice to a proprietor or mortgagee by registered post
addressed to him or her at the last address of which notice has
been given to the insurer under subsection (4) or (5).


38 Unit Titles 2009, No. 19

(8) Where the insurer considers that default has been made
under the principal insurance policy, whether in respect of the
payment of premiums or otherwise, the insurer shall specify in
the notice referred to in subsection (6)(a) the default complained
of, and shall state that the lapsing or cancellation of the policy is
conditional on the default not being remedied before the date
specified in the notice.
(9) Unless all the proprietors by unanimous resolution
otherwise resolve, money paid by the insurer pursuant to the
principal insurance policy shall be applied in or towards
reinstatement, and, where it is to be applied, a mortgagee shall
not be entitled to demand that part of that money be applied in
or towards repayment of the mortgage debt.
(10) This section does not limit or affect the rights of a
person in or to the proceeds of the principal insurance policy in
pursuance of sections 49 to 52.

43. Additional insurance-(1) Sections 17 and 42 do not
limit:
(a) the right of a proprietor to effect a policy of
insurance in respect of the destruction of or
damage to the proprietor’s unit; or
(b) the right of a mortgagee of a unit to require the
proprietor, as a condition of the loan, to effect a
policy of insurance (in this section referred to as
a mortgage redemption policy) to indemnify the
proprietor against liability to repay the whole or
a part of the sum secured to the mortgagee if the
unit is destroyed or damaged.
(2) Payments made by the insurer under a mortgage
redemption policy shall be made to mortgagee whose interests
are noted on the policy in the order of their respective priorities.
(3) A mortgage redemption policy shall not be liable to be
brought into contribution with any other policy of insurance
except another mortgage redemption policy effected in respect
of the same mortgage debt.
(4) This section applies notwithstanding any rule of law to
the contrary.

2009, No. 19 Unit Titles 39

44. Appointment of administrator-(1) A body corporate, a
creditor of a body corporate, or a person having a registered
interest in a unit, may apply to the Court for the appointment of
an administrator.
(2) The Court may, in its discretion on cause shown, appoint
an administrator for:
(a) an indefinite period; or
(b) a fixed period,
on such terms and conditions as to remuneration or otherwise as
it thinks fit and the remuneration and expenses of an
administrator are an administrative expense within the meaning
of this Act.
(3) An administrator shall, to the exclusion of the body
corporate, have and exercise the powers of the body corporate,
and be subject to the power and duties as the Court orders.
(4) An administrator may, in writing,:
(a) delegate a power vested in him or her, other than this
power of delegation; and
(b) revoke such a delegation.
(5) The Court may, in its discretion on the application of an
administrator or a person referred to in subsection (1), remove
or replace the administrator.
(6) On an application made under this section the Court may
make such order for the payment of costs as it thinks fit.
(7) This section does not permit an administrator to do
anything which requires a unanimous resolution of the
proprietors or to prevent the passing of such a resolution, but,
without restricting the generality of subsection (3), the
administrator shall, subject to any order of the Court, be entitled
on the administrator’s own initiative and to the exclusion of the
body corporate, to do an act which under the rules may be done
by special resolution.
(8) An administrator when appointed, shall lodge with the
Registrar a sealed copy of the order of the Court making the
appointment.


40 Unit Titles 2009, No. 19

45. Exercise of voting rights-(1) At a meeting of the
body corporate, a power of voting shall not be exercised by:
(a) a person who is less than 21 years of age but, except
where a power of voting is conferred by
paragraph (b), the power may be exercised on
behalf of that person by a person appointed by a
Judge of the District Court of Samoa for that
purpose; and
(b) a person who is over the age of 18 years who is by
any rule of law incompetent to deal with his or
her property, but may be exercised on behalf of
such person by the person who is for the time
being authorised by law to control or administer
the unit or property to which the power of voting
relates.
(2) A proprietor’s voting rights are not affected by the fact
that his or her interest in his or her unit is subject to a registered
mortgage, but, on giving written notice to the body corporate,
the mortgagee is entitled to exercise those rights:
(a) in accordance with a provision to that effect in the
mortgage; or
(b) so long as the mortgagee is in possession of the unit.
(3) Where a person by whom a power of voting is
exercisable is:
(a) dead; or
(b) out of Samoa; or
(c) cannot be found,
and, for that reason or any other reason, it is impracticable to
obtain the exercise by that person of that person’s power of
voting, or where it is not known by what person a power of
voting is exercisable, the Court, on the application of the body
corporate or of an interested party, may by order:
(d) declare that a person’s power of voting shall be
dispensed with either on a particular occasion or
generally, in which case this Act or any rules as
to voting shall have effect as if no power of
voting were exercisable by that person on the
particular occasion or generally, as the case may
be; or

2009, No. 19 Unit Titles 41

(e) appoint a fit and proper person for the purpose of
exercising such powers of voting as the Court
determines, and the appointment shall take effect
accordingly.
(4) On making an order under this section, the Court may
make such provisions as it thinks necessary or expedient to give
effect to the order, and may make such order for the payment of
costs.
(5) The Court may cancel, vary, modify or discharge an
order made by it under this section.

46. Relief in cases where unanimous resolution
required – Where, in accordance with this Act or the rules of a
body corporate, a unanimous resolution, or the consent, of all
the proprietors is necessary before an act may be done and that
resolution or consent is not obtained, but the resolution or act is
supported by eighty per cent or more of those entitled to vote, a
person included in the majority in favour of the resolution or act
may apply to the Court to have the resolution as supported, or
the consents as obtained, declared sufficient to authorise the
particular act proposed, and, if the Court, in its absolute
discretion, so orders, the resolution shall be deemed to have
been passed unanimously or the consent of all the proprietors
obtained, as the case may be.

47. Relief for minority – Where, in accordance with this
Act or the rules of a body corporate, a resolution, other than a
unanimous resolution, or the consent of a certain percentage of
the voters is necessary before an act may be done, and that
resolution is duly passed, or that consent is duly obtained, a
person who voted against the resolution or did not consent may
apply to the Court to have the resolution or decision declared to
be of no effect on the grounds that, in the circumstances of the
case, the effect of the act would be inequitable for the minority,
and, if the Court, in its absolute discretion, so orders, the
resolution shall be deemed not to have been passed or the
consent shall be deemed not have been obtained as the case may
be.


42 Unit Titles 2009, No. 19

48. Redevelopment-(1) On a redevelopment, application
shall be made to the Registrar for the deposit of a plan of
redevelopment, being a new unit plan.
(2) A new unit plan shall be deposited under the same
number as the existing unit plan, and section 22 applies
accordingly.
(3) Subject to this section, a plan of redevelopment shall
not be accepted by the Registrar for deposit unless it complies
with all the requirements of this Act as to unit plans and, in
addition:
(a) defines the boundaries of the new units or the
enlarged or reduced units; and
(b) shows all new units, and any enlarged or reduced
units, marked with numbers or letters not already
used on the unit plan; and
(c) bear a legend specifying which of the new units,
enlarged units and reduced units are principal
units and which are accessory units; and
(d) in the case of a subdivision into two (2) or more new
units, enlarged units, or reduced units - has
endorsed on it a schedule apportioning among
the new units, enlarged units, and reduced units
the unit entitlement of the former unit or units
included in the redevelopment, which
apportionment shall be determined by a
recognised valuer.
(4) Subject to subsection (5), where a redevelopment
involves the inclusion in a unit all or part of the common
property or the erection of one (1) or more units on the common
property, the unit entitlements of all units that will be on the
land to which the plan of redevelopment relates shall be
reassessed by a recognised valuer, who shall assign to every
such unit a new unit entitlement to be fixed by him or her on the
basis of the relative value of the unit in relation to each other
such unit at the date on which the re-assessment is made.
(5) The recognised valuer may, in his or her discretion,
make the reassessment referred to in subsection (4) as at the
date on which the current unit entitlements were fixed if he or

2009, No. 19 Unit Titles 43

she considers that the redevelopment is of a relatively minor
nature.
(6) A plan of redevelopment shall not be accepted by the
Registrar for deposit unless:
(a) the application to deposit the plan is made by the sole
proprietor of the units, or by the proprietors of all
the units pursuance of their unanimous
resolution; and
(b) every person who is entitled as mortgagee by virtue
of a registered mortgage in respect of a unit
affected by the redevelopment, and every
caveator who claims an estate or interest in a unit
affected by the redevelopment, being a caveator
whose caveat was lodged with the Registrar
before the application to deposit the plan, has
given his or her written consent to the
redevelopment; and
(c) the lessor (if any) has consented to the
redevelopment.
(7) On the deposit of a plan of redevelopment and the
registration of any necessary transfers, the Registrar shall:
(a) cancel the existing computer folio certificate to the
units affected by the redevelopment; and
(b) issue separate computer folio certificates in
accordance with the plan of redevelopment for
the units affected by the redevelopment.

49. Cancellation of plan on application of
proprietors-(1) The Registrar may cancel a unit plan on the
application of the proprietor or proprietors of all the units
shown on the plan.
(2) An application under subsection (1) shall be in the
prescribed form and have lodged with it:
(a) any duplicate of any registered mortgage, charge,
lease or sublease relating to each unit and the
common property; and
(b) evidence sufficient to satisfy the Registrar in relation
to the matters specified in subsection (4); and


44 Unit Titles 2009, No. 19

(c) where the interest in the land of the proprietor of
each unit is a unit estate in leasehold – evidence
that the lessor has been notified of the intention
to make the application.
(3) Before cancelling the unit plan, the Registrar shall be
satisfied that:
(a) any administrator appointed under section 44 has
consented to the cancellation; and
(b) no unit is subject to caveat, mortgage, charge, lease
or sublease registered against the title to the unit.
(4) The cancellation of a unit plan is effected when the
Registrar has entered a memorandum of cancellation on the unit
plan or its recorded copy and on any supplementary record
sheet.
(5) On the cancellation of the unit plan:
(a) the estate in the land to which the persons who were
the proprietors of the units immediately before
the cancellation were entitled by virtue of section
11 remains vested in those persons in the same
shares as if the unit plan had not been cancelled;
and
(b) the fee simple estate, or, as the case may be, the
leasehold estate, in that part of the land which
immediately before the cancellation comprised
units, vests in the persons referred to in
paragraph (a) in the same shares as the estate
referred to in that paragraph is held by those
persons, and shall merge with that estate; and
(c) easements over each unit comprising part of the
development determine.
(6) Where two (2) or more persons were the proprietors of a
unit, whether as joint tenants or tenants in common, the share in
the land which vests in them under subsection (5), as between
themselves, vests in them:
(a) as joint tenants, if the unit of which they were the
proprietors immediately before the cancellation
was then vested in them as joint tenants; or

2009, No. 19 Unit Titles 45

(b) as tenants in common in shares corresponding to the
shares in which the unit of which they were the
proprietors was vested in them immediately
before the cancellation, if that unit was then
vested in them as tenants in common,
and the Registrar shall issue a computer folio certificate for the
land to the persons entitled to it in accordance with paragraphs
(a) and (b).
(7) On the cancellation of a unit plan, the body corporate is,
subject to subsection (8), deemed to be dissolved, and, unless
otherwise determined beforehand by unanimous resolution of
the persons who were the proprietors immediately before the
cancellation, all property and money, including insurance
money received by the body corporate, shall, subject to any
right of set-off, be distributed among those persons according to
their unit entitlements immediately before the cancellation.
(8) On the cancellation of a unit plan the body corporate is
deemed to remain in existence to the extent that any debt is
owing by it and in respect of any action pending against it, and
the liability of the persons who were the proprietors
immediately before the cancellation continues accordingly.
(9) The Registrar shall, on cancelling a unit plan:
(a) give written notice that the plan has been cancelled
and the body is dissolved to the Agency; and
(b) cancel any relevant supplementary record sheet.
(10) For the purposes of the Land Titles Registration Act
2008, a supplementary record sheet cancelled under subsection
(9)(b) is deemed to be a computer folio certificate issued under
that Act in respect of the relevant land.

50. Application to Court for order for cancellation of
plan-(1) Where, in respect of a unit plan, an application in that
behalf is made to the Court by:
(a) the body corporate; or
(b) an administrator appointed under section 44; or
(c) the proprietor or one (1) of the proprietors of a unit,
and the Court is satisfied that, having regard to the rights and
interests of any creditor of the body corporate and of every
person who has an interest in a unit or in the land or part of it, it


46 Unit Titles 2009, No. 19

is just and equitable that the body corporate be dissolved and
the plan cancelled, the Court may make a declaration to that
effect.
(2) Notice of an application under subsection (1) shall be
served on:
(a) each person who has an interest an a proprietor of a
unit; and
(b) the Registrar; and
(c) each mortgagee, caveator, insurer and other person
having a registered estate or interest in a unit of
land to which the plan relates; and
(d) any insurer who has effected insurance on the
buildings of other improvements comprised in a
unit or on the land or part of it,
and the Registrar shall enter on the supplementary record sheet
a notification that the application has been so made.
(3) A notification entered under subsection (2) shall be
cancelled by the Registrar if:
(a) the applicant so requests and advises that the
application to the Court is not proceeding; or
(b) the Registrar is satisfied that the Court has refused to
make the declaration sought.
(4) On an application to the Court under subsection (1):
(a) a person having or claiming to have an estate or
interest in a unit or in the land or part of it; and
(b) an insurer who has effected insurance on the
buildings of other improvements comprised in a
unit or on the land or part of it,
shall have the right to appear and be heard.
(5) Where the Court makes a declaration under subsection
(1), the Court may by order impose such conditions and give
such directions as it thinks fit for the purpose of giving effect to
the declaration.
(6) Directions given under subsection (5) may include
directions:
(a) for the payment of money by or to the body
corporate, and the distribution of the assets of the
body corporate; and

2009, No. 19 Unit Titles 47

(b) that any consent required by section 49(4), as applied
by section 51(4), be dispensed with.
(7) The Court may, at any time before the unit plan is
cancelled under section 51, vary or modify the terms of a
declaration or order made by it under this section.
(8) On an application under this section the Court may make
such order for payment of costs as it thinks fit.

51. Cancellation of plan following decision of
Court-(1) Where:
(a) the Court has made a declaration authorising the
cancellation of a unit plan; and
(b) all conditions and directions imposed or given by the
Court have been complied with,
an applicant for the declaration or his or her successor in title
may, within six (6) months after the date of the declaration,
apply to the Registrar for cancellation of the plan, and the
Registrar shall cancel the plan accordingly.
(2) An application under subsection (1) shall be
accompanied by:
(a) any duplicate instrument of every registered
mortgage, charge, lease or sublease relating to
each unit, the common property or part of it; and
(b) a copy of every declaration or order made by the
Court under section 50 in relation to the body
corporate or unit plan,
unless the Court otherwise directs or the Registrar dispenses
with the production of a duplicate instrument.
(3) Where the Court makes a declaration under
section 52(1) and:
(a) a person having custody or control of a duplicate
instrument required for the purposes of an
application for cancellation of a unit plan refuses
or neglects to produce it for those purposes; or
(b) production of a duplicate instrument cannot be
obtained because the person last known to have
custody or control of it is dead, is out of Samoa
or cannot be found; or


48 Unit Titles 2009, No. 19

(c) for any other reason it is impracticable to obtain
production of a duplicate instrument,
the Court, on the application of an interested person, may:
(d) in an appropriate case, order, on such terms and
conditions as it thinks fit, production of it to the
Registrar by the person so refusing or neglecting;
or
(e) in its discretion, order the Registrar to dispense with
production.
(4) The following provisions of section 49 apply when an
application is made to the Registrar under this section, namely:
(a) subsection (3), except to the extent that the Court
otherwise directs, either on that application or on
a subsequent application; and
(b) subsections (5) and (6), unless the Court otherwise
directs; and
(c) subsections (4), (7) and (8).

52. Scheme following destruction or damage-(1) Where
a building or other improvement comprised in a unit or on land
to which a unit plan relates is damaged or destroyed, but the
unit plan is not cancelled, the Court may, on the application of
the body corporate, an administrator, the proprietor or one of
the proprietors of a unit or a registered mortgagee of a unit, by
order, settle a scheme which includes provision:
(a) for the reinstatement in whole or in part of that
building or other improvement; or
(b) for the transfer of units to the proprietors of the other
units so as to form part of the common property.
(2) Where an order is made under subsection (1)(b), section
21 shall, so far as applicable, but subject to any order of the
Court to the contrary, apply in respect of the transfer.
(3) A notice of an application made under subsection (1)
shall be served on the Registrar, who shall on receipt of the
notice enter on the supplementary record sheet a notification
that the application has been made.
(4) On an application to the Court under subsection (1):
(a) a person having or claiming to have an estate or
interest in a unit or in the land or in part of it; or

2009, No. 19 Unit Titles 49

(b) an insurer who has effected insurance on the
buildings or other improvements comprised in a
unit or in the land or part of it,
shall have the right to appear and be heard.
(5) In the exercise of its powers under subsection (1) the
Court may make such orders as it considers expedient or
necessary for giving effect to the scheme, including orders:
(a) directing the application of any insurance money; or
(b) directing payment of money by or to the body
corporate or by or to a person; or
(c) directing the deposit of an appropriate new unit plan;
or
(d) imposing such terms and conditions as it thinks fit.
(6) The Court may cancel, vary, modify or discharge an
order made by it under this section.
(7) On an application under this section the Court may make
such order for payment of costs as it thinks fit.

53. Joinder of actions - Where an application under section
50 or 52 is pending and an application under the other of those
sections is made in respect of the same unit plan, the Court may
hear and determine the two (2) applications together.

54. Service of documents-(1) The body corporate shall at
the main building on the land, display in a prominent place, in
the vestibule to that building, its address for service.
(2) It shall be sufficient compliance with any enactment
which relates to the manner of service of a document if it is sent
by registered letter addressed to the body corporate at its
address for service.
(3) If the address for the service of documents on the body
corporate is altered, the body corporate shall at the time of that
alteration:
(a) alter the address displayed in accordance with
subsection (1); and
(b) send written notice of the alteration to the Registrar,
who shall enter a notification of the change of
address on the supplementary record sheet.


50 Unit Titles 2009, No. 19

(4) In this section the term “document” includes a
summons, notice, order, and other legal process.
(5) A notice or order requiring repairs to, or work to be
performed in respect of, the land or a building or other
improvement on the land which a person is required or
authorised by any Act to serve shall, notwithstanding anything
in any Act to the contrary, be served on the body corporate in
the manner provided by this Act, and on that service the notice
or order shall be deemed to have been duly served and the body
corporate shall be deemed to be the person bound to comply
with the notice or order.

55. Default by body corporate-(1) Any person may apply
to the Court for an order compelling a body corporate to carry
out a requirement or perform a duty imposed on it by or under
this Act.
(2) Following an application under subsection (1) the Court
may make such order as it thinks proper.
(3) If a body corporate defaults in complying with a
requirement or duty imposed on it by this Act:
(a) the body corporate; and
(b) the secretary to the body corporate if he or she is
knowingly a party to the default; and
(c) each member of the committee of the body corporate
who is knowingly a party to the default,
commits an offence and is liable on conviction to a fine not
exceeding 40 penalty units.
56. Register of proprietors-(1) A body corporate shall
cause a register to be kept of the proprietors of the units
comprised in the unit plan.
(2) Notwithstanding anything to the contrary in this Act,
where the proprietor of a unit comprised in a unit plan (in this
section referred to as the transferor) transfers that unit to
another person (in this section referred to as the transferee),
until the body corporate is notified in writing of the transfer,:
(a) subject to subsection (3), the transferor shall remain
liable to the body corporate for all contributions
levied by the body corporate under
section 17(2)(c) in respect of that unit; and

2009, No. 19 Unit Titles 51

(b) subject to subsection (4), the transferee shall not be
entitled to exercise the voting rights in respect of
the unit, which shall remain exercisable by the
transferor.
(3) Nothing in subsection (2)(a) restricts the right of the
transferor to recover from the transferee amounts that he or she
has paid in respect of contributions referred to in that
subsection.
(4) At a general meeting of the body corporate, a transferee,
may, with the consent of the other proprietors present at the
meeting, exercise the voting rights referred to in subsection
(2)(b).
57. Regulations - The Head of State, acting on the advice
of Cabinet, may make regulations not inconsistent with this Act,
prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act,
and in particular providing for:
(c) fees and charges for anything authorised by this Act;
and
(d) forms for the purposes of this Act.

58. Consequential amendment – In section 5(1) of the
Land Titles Registration Act 2008, after paragraph (l), insert the
following:

“(m) the Registrar may set up and maintain
supplementary record sheets in relation to unit
plans and bodies corporate in accordance with
the provisions of the Unit Titles Act 2009.”.
__________
The Unit Titles Act 2009 is administered by the
Ministry of Natural Resources, Environment and Meteorology.