Common Property in Kenyan Sectional Properties

Introduction

In Kenya, sectional property ownership, where individuals hold exclusive rights to specific units within a larger complex while sharing common areas, has become a focal point of urban development. This collective arrangement necessitates a nuanced understanding of the legal and practical aspects of managing common property, governed by the Sectional Properties Act of 2020.

The Act introduces a robust framework essential for the governance of sectional properties, focusing on equitable ownership and the effective use of shared facilities like gardens, lobbies, and recreational areas. This framework is designed to ensure that all common spaces are utilized fairly and maintained properly, promoting a harmonious living environment for all residents.

Establishment of the Corporation

Key to the management of these properties is the formation of a Corporation, comprised of the unit owners themselves. This body is charged with the crucial task of overseeing the upkeep and appropriate use of common areas. Its responsibilities are not only to maintain these spaces but also to ensure they meet the collective needs and preferences of the property owners.

Legal Structures and Responsibilities

Within Kenya’s legal framework for sectional properties, there are clear delineations of responsibilities. Property owners are expected to adhere to the regulations set forth by the Corporation and contribute to the maintenance of shared spaces. The Corporation, on the other hand, takes on a more comprehensive role. It handles the strategic and day-to-day management tasks that are essential for the smooth operation of the property as a whole.

Navigating the Complexities of Shared Spaces

The management of shared spaces requires navigating complex relationships and logistics, as these areas are accessible to all residents. The Act provides necessary guidelines and structures to manage these complexities effectively, ensuring that shared spaces are enjoyed by all without discord.

The Importance of Cooperative Governance

Cooperative governance is vital in this context. It ensures that all stakeholders have a voice in decisions that affect their living environment. This collaborative approach is crucial for fostering a sense of community and mutual respect among residents.

Strategic Role of the Corporation in Enhancing Property Value

Beyond maintenance, the Corporation plays a strategic role in enhancing the value of the property. Through diligent management and enhancement of communal areas, the Corporation not only preserves but can potentially increase the property’s market value. Effective governance and management by the Corporation thus directly contribute to enhancing the quality of life for residents and the overall attractiveness of the property.

Disposition and Dealings of Common Property

1. Definition and Importance of Common Property

Common property includes shared parts of a property complex, such as gardens, parking lots, and amenities. These areas are collectively owned by the unit owners, requiring meticulous management to ensure collective benefit.

2. Detailed Legal Framework and Specific Responsibilities

The Sectional Properties Act of 2020 outlines the responsibilities and legal framework for managing common property:-

1. Section 3: Establishes the requirement for a Corporation comprising all unit owners.

2. Section 4: Details the Corporation’s responsibilities, including maintenance, improvement, and utilization of common areas.

3. Section 5: Specifies procedures for routine and major decisions concerning common property.

4. Section 9: Outlines requirements for the preparation and submission of sectional plans and the role of the corporation in the registration process.

5. Section 11: Discusses the conformance of sectional registers to the broader Land Registration Act.

6. Sections 24 and 29: Concern the registration of the corporation and amendment of its by-laws once sectional plans are registered.

The above sections mandate the establishment of a Corporation that operates as the governing body for the common property, ensuring that all dealings are conducted according to the legal standards provided.

All dealings with common property must be conducted according to the regulations outlined in sections such as 24 (Registration of corporation) and 29 (Amendment of by-laws).

3. Role of the Corporation:

The Corporation oversees decisions on maintenance, improvements, and utilization of shared spaces, ranging from routine upkeep to major renovations.

4. Legal and Financial Considerations

All actions concerning common property must comply with the relevant sections of the Act. This ensures legality and fairness in financial dealings and decision-making processes: –

1. Section 6: Outlines the requirements for legal compliance and approval processes for different types of modifications or uses of common property.

2. Section 7: Defines financial transparency and equity in dealings that affect all owners.

5. Impact on Property Value and Resident Life

Management decisions should always consider the long-term impact on the property’s value and the quality of life for residents, enhancing the property’s appeal and the owners’ living experience.

6. Balanced Approach

The management of common property necessitates a balanced approach that adheres to legal requirements while fostering the collective well-being and interests of the unit owners.

Rights and Obligations of Owners and the Corporation

Corporations have distinct rights and obligations that ensure the smooth management of common property. Owners hold the right to use and enjoy shared amenities, like gardens and pools, but must also contribute to their maintenance and comply with the Corporation’s by-laws. They are obligated to pay service charge for upkeep, repair, and improvement of common areas, and must not undertake actions that infringe on the rights of other residents or degrade the property value.

The Corporation, representing the collective interests of all owners, is tasked with administering, maintaining, and managing the common property. It has the authority to enforce by-laws, collect contributions, and undertake necessary actions for the upkeep and enhancement of shared spaces. The Corporation must act transparently, responsibly, and in the best interests of all owners, ensuring that the common property is maintained to a high standard and used in a way that benefits all residents.

Challenges and Recommendations

Managing common property presents challenges such as coordinating among diverse owners, ensuring compliance with by-laws, and maintaining the property to a high standard. Differences in opinions and interests can lead to conflicts, while financial constraints may affect the quality of maintenance and improvements.

To address these challenges, it is recommended that Corporations implement robust governance structures, clear communication channels, and transparent decision-making processes. Engaging professional property managers can bring expertise in property management, thus ensuring efficient operations and adherence to legal requirements. Additionally, fostering a strong sense of community among owners can encourage cooperation and collective responsibility for the property’s well-being.

Regular training sessions or workshops on the rights and responsibilities of owners, coupled with active involvement in the Corporation’s activities, can enhance understanding and collaboration. By adopting these strategies, the management of common property in sectional properties can be optimized, leading to a harmonious and well-maintained living environment.

Conclusion

The management of common property is a complex yet vital aspect of ensuring harmonious living and preserving property value. The Act provides a legal framework that outlines the responsibilities and rights of owners and the Corporation, establishing a structured approach to the administration of shared spaces. Effective management of common property requires cooperation among owners, adherence to by-laws, and proactive engagement with the property’s governance.

Challenges such as conflict resolution, compliance with regulations, and maintaining high standards of property care necessitate transparent communication and robust management strategies. The role of professional property managers can be pivotal in navigating these challenges, ensuring that common property is maintained efficiently and in line with owners’ collective interests.

Future success in managing sectional properties will depend on the ability of owners and management bodies to adapt to changing needs, resolve disputes amicably, and ensure compliance with evolving legal standards. As sectional properties continue to grow in popularity, the lessons learned and the strategies developed will form the cornerstone of successful common property management, enhancing the quality of life for residents and securing the investment value for owners.

Disclaimer:-

Please note that the information provided in this article is for general informational purposes only and should not be construed as legal advice. It is always advisable to consult with a qualified legal professional to discuss your specific circumstances and obtain tailored legal counsel.