Académique Documents
Professionnel Documents
Culture Documents
Regulations
Citation
Interpretation
3.
Registration of a unit
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Registration of an Association
14.
15.
A developer
16.
17
18.
19.
Quality of paper
20.
Fees
21.
________
SCHEDULES
________
GOVERNMENT NOTICE NO. . published on ..
THE UNIT TITLES ACT, 2008
_______
(Cap 416)
_______
REGULATIONS
________
(Made under section 83)
______
THE UNIT TITLES REGULATIONS, 2009
________
Citation
Interpreta
tion
Cap.416
Cap.334
Registration Act;
Unit plan means a plan referred to under section 5(2) of the Act;
Registrati
on of a
3.-(1)
unit
(2)
A unit title registered under the Act and these Regulations shall
the register, the unit may be identified by such number as shown in the
Second Schedule to these Regulations.
Applicatio
4.-(1)
n for
application to the Registrar for that purpose, in the form set out in the Third
registratio
n of a unit
plan
(2)
5.-(1)
6.-(1) Where the Registrar is satisfied that an applicant has fulfilled all
of a
requirements provided for under the Act and these Regulations, he shall,
certificate
after the payment of a prescribed fee, register the unit plan or unit.
of a unit
(2)
issue a certificate of unit title to that effect, which shall be as set out in the
Fifth Schedule to these Regulations.
(3)
shall, in writing, inform the applicant the of such refusal and reasons thereof.
(4)
Applicatio
7.-(1)
n for
or units shall make an application to the Registrar for that purpose in the
registratio
n of
subdivisio
with the consent certificate from the local government authority, in a form
n and
amalgam
ation
(3)
8.-(1)
use of a
section 13 of the Act apply to the Registrar for change of the use of his unit in
unit
attached with the certificate of consent of change of use from Association and
Certificate of Consent of change of use from local government authority as
shown in the form set out in the Ninenth Schedule to these Regulations.
(3)
13 of the Act and these Regulations have been fulfilled, he shall change the
use of a unit as applied for.
A unit
plan to
9.-(1)
conform
certain
requireme
nts
(2)
shall:
in its heading, be described as a unit plan;
in the plan, be indicated, a delineation of the external surface boundaries of
the common property and the location of the building in relation to them;
include a drawing illustrating the units and distinguishing the units by
numbers or other symbols;
indicate the boundaries of each unit clearly defined in the plan;
indicate the approximate floor area of each unit as shown in the plan;
be accompanied by a schedule specifying in whole numbers the unit factor for
each unit in the common property;
be accompanied by a statement containing such particulars as are necessary
to identify the title to the common property;
be accompanied by certificates under section15 of the Act;
be signed by the proprietor or developer;
contain the address at which documents are to be served on the relevant
Association in accordance with the Act; and
any other relevant requirements provided for in the Act and these
Regulations.
10.-(1)
Applicatio
accompanied by:
n to be
accompan
ied by
certificate
a certificate from a local government authority; and
a certificate of a registered Architect.
(2)
be
operated
by an
Associatio
n
manage the unit property;
manage the movable and immovable properties of the Association; and
manage the common properties of the Association.
(3)
12.-(1)
Managing
Agent
any person with property and facilities management qualifications from an
approved Institution
any other category of persons with recognized professional qualifications as
the Minister may prescribe.
Registrati
on of an
Associatio
n
Registrar shall issue a certificate of registration in the form set out in the
Thirteenth Schedule to these Regulations.
(9)
By-laws shall be in the model set out in the Fourteenth Schedule to these
Regulations.
Associatio
n to have
a
Constituti
on
(2)
16. The Registrar shall, in relation to the unit titles and Associations
referred to under Regulation 14, have the following powers:
Registrar
to register and de-register unit plans and units;
to issue unit titles and other associated documents;
to register and de-register Associations;
change forms under these Regulations; and
do anything under his powers in relation to functions and powers prescribed
under these Regulations.
Terminati
on of the
unit
status
(2)
18. (1) No person shall, unless with the permission of the Registrar,
other
use a form or forms other than those set out in the Schedules to these
forms
Regulations. The Registrar may alter or modify any of the prescribed form as
circumstances may require.
(2) Where a form has not specified for any matter in these
Regulations, the relevant form in the Land Registration Act and Land
Regulations, 2001 shall be used for that matter.
Quality of
paper
Fees
19.
20. The Registrar may, in relation to the Act and these Regulations,
impose fees set out in the Twentieth Schedule to these Regulations.
Offences
and
penalties
_______
FIRST SCHEDULE
________
(Made under Regulation 3(3))
UTF No. 1
REGISTER OF UNIT
No. of Units
UNIT PLAN No..
Part A Property Section
Edition
Date Opened
Title Number
Plot Number
Block Number
Owner/Developer..
Location
10
FD
Date of
Name of the
Address
Considerati
Signature
No.
registratio
registered
of the
on/
of the
owner
register
Declared
Registrar
ed
value
owner
11
FD No.
Date of
Nature
Furthe
Signature
registrat
of
of the
ion
Encumb
partic
registrar
rance
ulars
FD No.
Date of
Initials of the
Serial
FD
Date
Signatur
registrati
registrar
No.
No.
of
e of
regis
registrar
on
trati
on
12
UTF No. 2
_________
SECOND SCHEDULE
________
(Made under Regulation 3(4))
_______
A plan presented for registration as unit plan shall be numbered in the following manner:
Plan No of Plot No Block Location. Title of the plot is identified as
required by the section 35 of the Land Registration Act.
A plan presented as a unit plan of subdivision shall be numbered in the following manner:
Unit subdivision plan Noof Plot No.. Block/G/6/5, (where 5 is the number
of the unit in the building situated on Plot number 6 in Mbezi Block G).
A plan presented for registration as a unit plan of consolidation shall be numbered in the following manner :
Unit consolidation Plan Noof Plot No.Block G/6/3 and 4.
Similar numbering shall apply to unit Plans relating to Plots in other Blocks or registration
sections.
13
14
UTF No. 3
_______
THIRD SCHEDULE
_______
(Made under Regulation 4(1))
APPLICATION FOR REGISTRATION OF A UNIT PLAN
(To be submitted in duplicate)
Title No
15
UTF No.4
______
FOURTH SCHEDULE
_______
(Made under Regulation 5(3))
_______
Title No
16
_________
FIFTH SCHEDULE
_______
(Made under Regulation 6(2))
UTF No. 5
CERTIFICATE OF UNIT TITLE (RIGHT OF OCCUPANCY)
THIS IS TO CERTIFY THAT .......
17
is (are) now registered as the unit owner (s) of the title interest referred to, subject to
agreements and other matters contained in the registered title, and to such encumbrances,
covenants and conditions hereinafter set out and as may for the time being subsist and
affect the land comprised in the right of Occupancy, Plot No.
..Block.locationTitle No.
Unit Title Number
Unit Numberand..number of shares in the common
property herein
Approximate Floor Area..m2
Unit Plan Number.owner..term..years.from
18
SIXTH SCHEDULE
Made under Regulation 7(1)
UTF No. 6
APPLICATION FOR REGISTRATION OF SUBDIVISION/AMALGAMATION
I/We..of Postal
AddressE-mailTelephone
Hereby apply for the amalgamation/subdivision of the units registered under the above
reference, dated
this..day of 20.
..
Signature of Applicant(s)
19
_______
SEVENTH SCHEDULE
_______
(Made under Regulation 7(2))
UTF No. 7
CERTIFICATE OF CONSENT OF LOCAL GOVERNMENT AUTHORITY FOR
SUBDIVISION/AMALGAMATION
Unit Title No..
Date:..
20
_________
EIGHTH SCHEDULE
_________
(Made under Regulation 8(1))
_________
UTF No. 8
UNIT TITLES ACT 2008
APPLICATION FOR CHANGE OF THE USE OF UNIT
.
Applicants Signature
21
_________
NINETH SCHEDULE
_________
(Made under Regulation 8(2))
_________
UTF No. 9A
CERTIFICATE OF CONSENT OF CHANGE OF USE FROM ASSOCIATION
To: The Registrar of Titles
This is to certify that, the proposed change of use of the structure submitted by
.. (insert name of registered proprietor) as shown on the Unit plan
in respect of the building situated at Plot No Block.. Unit Title
No....Location has been approved by.... (on
behalf of the association ) in accordance with the Unit Title Act, 2008.
Sealed with the common seal of the ..
(Name of the association) in the presence of us
this day of .. 20..
..
Committee Member
...
Chairman of the committee
22
..
City/Municipal/District/Township Director
23
_________
TENTH SCHEDULE
_________
(Made under Regulation 10(2))
UTF No. 10A
A. CERTIFICATE OF REGISTERED LAND SURVEYOR
Title No
I certify that:All the works performed in the field and in the office by my
assistant,.... (Name of the assistant) has been carried out under my
personal direction, and I take full responsibility for all the work as performed.
OR
I, in person, made, and on the.day of.completed the survey represented by
this plan, on which are written the bearings and lengths of the lines surveyed by me, and
that the survey has been executed in accordance with the existing Regulations and with the
approved Town Planning Scheme.
The survey was performed between the dates ofand and that this
plan is true and correct, and is prepared in accordance with provisions of the Unit Titles Act,
2008.
The building(s) situated on the plot(s) that is (are) the subject of this plan is (are) wholly
within the external boundaries of the plot (in case of encroachment, this statement will be
varied accordingly); and
The units shown on this plan are the same as those existing at the time of the survey.
24
..
Signature of
Registered Surveyor
25
26
Signature
Registered Architect
Practicing Certificate Number
27
_________
ELEVENTH SCHEDULE
_________
(Made under Regulation 11(3))
MANAGEMENT AGREEMENT
____________
This Management Agreement is made on --------------------------Between;
.. UNIT TITLES ASSOCIATION a registered as a Unit Association under the Unit Titles
Act, 2008 in the United Republic of Tanzania, P.O. Box ---------- here-in after referred to as
the Association which expression shall where the context so admits include its successors
and assigns on one part and
.., a limited liability company incorporated in the
United Republic of Tanzania of P.O. Box -------- here-in after referred to as the
Management Agent which expression shall here the context so admits include its
successors and assigns on the other.
WHERE AS: the Association is registered as proprietor, or as trustee of the Unit Property;
WHERE AS: the Management Agent has specialized knowledge and experience and
experts and other personnel qualified and capable of carrying out the duties outlined herein;
WHERE AS: the Association wishes the Management Agent to market, let, manage and
operate on its behalf the Unit Property in the manner set out in this agreement; and
WHERE AS: the Management Agent has agreed to undertake such marketing, letting and
management of the Unit Property.
Now It Is agreed as follows:
28
APPOINTMENT
The Association hereby appoints the Management Agent and the Agent hereby accepts
such appointment as a Management Agent in rendering professional services of the
Property for ------------- years renewable annually with effect from ------------------ to
manage and operate the property and all activities in connection therewith as are necessary
in and usual to similar establishments.
The Association shall in consultation with the Managing Agent determine the policy to be
followed in connection with the marketing, letting and management of the Unit Property and
shall have ultimate control and discretion in the operation of the Unit Property throughout
the term of this Agreement.
It is understood and agreed that nothing herein contained shall constitute or be construed
to be or create a partnership or joint venture between the Association and the Management
Agent, its successors or assignees.
29
to prepare rent demand notes, receive and ensure that rent, service charges,
electricity/diesel costs and the taxes relevant to the charges of rented common property are
collected from of the tenants.
to account to the Association promptly but in any event within 22 days of the end of each
month for all taxes, rates, rents, insurance premiums, expenses and outgoings notifies to
the Manager and payable by the owners in respect of the property which the Manager shall
ensure is promptly paid.
to keep accounts of the association in accordance with good accountancy custom and will
have the accounts audited by qualified auditors once a year.
to render monthly statements to the association of all rents paid for common property and
other sums collected and if required to produce to the association receipts or vouchers in
respect of any payments;
to maintain a Unity Property Register which shall contain information provided under section
51(2) and 52(1) of the Unit Act 2008.
to ensure that all tenants of the common property effect all payments payable under their
respective leases or tenancies;
to repair, renew and replace any equipment, fixtures and other items and effects of the
common property as the Manager may deem necessary from time to time provided that
such repair, renewal or replacement shall no exceed the sum of Tsh ------------- and in any
other case to submit competitive estimates for the Associations approval.
the Managing Agent shall recommend alterations, additions or improvements of all or some
of the units in order to maintain, face-lift or improve their values, economic life or safety.
to carry out with the written approval of the Association marketing and letting of the
common property;
throughout the term of Management Agreement, to make sure that all units are adequately
insured against loss or damage by fire, flood, impact, storm, tempest and other insurable
risks as provided under Section 81 of the Unit Act 2008.
the Managing Agent shall be the overall supervisor of all contracted service providers such
as security guards, gardeners etc.
to contract for materials and/or services for the common property with the term of any
service contract limited to duration of one (1) year.
to maintain the common property, all improvements thereon and all utilities there under,
except those maintained by public utility companies, in good, clean, attractive and sanitary
order and repair.
30
to prepare Annual Budget for running of common property. Such budget should project all
expenses of the Agent for the coming year that may be required for the proper operation,
management and maintenance of property.
to operate all recreational equipment and facilities located within the common property.
to establish and collect special assessments for capital improvements.
to file liens against unit owners because of non-payment of assessments duly levied and to
foreclose said liens.
to receive complaints regarding violation of associations By-Laws or other instruments for
the management and control of the unit property.
REMUNERATION
The Managing Agent shall be entitled to a professional management fee for the
management of the common property amounting to --------- % of the gross collectable
rents/comparable market rent per month (exclusive of Value Added Tax) for the spaces
occupied by tenants or owner occupied area respectively.
the Managing Agent shall be entitled to reimbursement of costs related to such services like
telephone, subsistence and transport incurred while on duty long as these are approved by
the Association. The receipt of money by either of the parties shall not prevent either of
them from questioning the correctness of any statement in respect of any money.
ASSIGNMENT
The Managing Agent shall not assign this Agreement or its interest herein in whole or in part
without first having obtained the Associations written consent such consent not to be
unreasonably withheld.
INDEMNIFICATION
The Association will indemnify and keep indemnified the Managing Agent from and against
any and all loss damage of liability whether criminal or civil suffered by the Agent in the
course of conducting the Management of the unit property or part thereof and, resulting
from any act of neglect or default of the owners or their agents, employees or licensees.
The Managing Agent will indemnify and keep indemnified the owners/owner from and
against any and all loss, damage or liability (whether criminal or civil) suffered by the
31
owners/owner on breach of this Agreement by the Agent in respect of any matter arising
from the Management of the common property/unit property.
GOVERNING LAW
This agreement shall be read and construed in accordance with the Laws of the United
Republic of Tanzania.
FORCE MAJEURE
Both parties will be released from their respective obligations in the event of national
emergency, war, prohibitive, government Regulations, or any other cause beyond the
reasonable control of the parties renders performance of the Agreement impossible
whereuponAll money due to the Association shall be paid immediately and
The Managing Agent shall forthwith cease carrying on the Management of the Property.
TERMINATION
Notwithstanding anything herein contained, this Agreement may be determined on three (3)
months written notice given by one party to the other if either party fails to comply with
any of the terms and conditions of this Agreement and such failure if capable of remedy is
not remedied within one (1) month after a notice in writing has been served upon it
requiring the same to be rectified. The Managing Agent shall forthwith to cease carrying on
the Management.
Fourteen (14) days prior to the expiry of the Term or fourteen (14) days after the receipt of
notice terminating this Agreement the Managing Agent shall furnish to the Association a
complete and accurate up-to-date account of all transactions subsequent to those shown in
accounts last submitted.
DISPUTE RESOLUTION
Any dispute or difference other arising between the parties in relation to anything or matter
arising under, as a result of or in connection with this Agreement shall be referred to
arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.
IN WITNESS: whereof the parties hereto have duly executed these presents in the manner
and on the date hereinafter appearing.
32
SEAL
NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:
NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:
SEAL
NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:
NAME: .
SIGNATURE: ..
33
POSTAL ADDRESS:
.
QUALIFICATION:
34
UTF NO 11
_______
TWELVETH SCHEDULE
_________
(Made under Regulation 13(7))
_______
35
________
THIRTEENTH SCHEDULE
______
(Made under Regulation 13(8))
_______
UTF NO 12
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
..
Registrar of Titles
36
__________
FOURTEENTH SCHEDULE
_________
(Made under Section 13(10))
__________
ASSOCIATION BY-LAWS
PART I
PREAMBLE
Declaration
Organization
37
Compliance
Office
PART II
INTERPRETATION
Interpretation
5. In these By-laws unless the context otherwise requires Act means the Unit Titles Act, 2008;
Administrator has the meaning as referred under section 71 of the
Act;
Association or Association of owners/co-owners means the Unit
Association that shall administer, operate, manage, and maintain the
Unit Property and which shall have all co-owners as members.;
association By-laws means these By-laws of the .. Unit
Association, organized to administer, operate, manage, and maintain
the Unit Property;
certificate of unit title means a certificate issued under Regulation 6;
Common Property means any portion(s) of the unit property other
than the individual Unit(s), including all general and restricted use
common property, as described more fully in the Unit plan;
38
39
PART III
MEMBERSHIP, VOTING RIGHTS AND MEETINGS
Membership
7.-(1)
40
8.-(1) Each co-owner will be entitled to one vote for each unit
owned when voting by number, and one vote when voting by value, the
value of which shall be equal to the total of the percentages assigned to
the unit or units owned.
(2) Voting shall be by number, except in those instances where
voting is specifically required in the unit plan or By-laws to be by
number and value.
(3) No cumulating of votes shall be permitted.
(4) A co-owner, other than the developer, shall neither be
entitled to vote at any meeting of the Association nor shall he be
entitled to vote prior to the initial meeting of the members of the
Association until he has presented a written Certificate of Title for his
unit in the unit property,.
(5)The developer shall be entitled to vote only for those units to
which he still holds title and was paying the assessment at the date on
which the vote is cast.
(6) The person who is entitled to cast the vote for each unit and
to receive all notices and other communications from the Association
shall be designated by a certificate signed by all the registered owners
of a unit and filed with the Secretary of the Association and that person
shall be known as the Voting Representative).
(7) All co-owners shall be required to designate such a Voting
Representative and execute a certificate stating the name and address
41
no later than:
90 days after the conveyance of legal or equitable title to nondeveloper co-owners of 50 percent of the total number of Units that
may be created in the unit property; or
180 days after the first conveyance of legal or equitable title to a nonDeveloper co-owner of a Unit, whichever first occurs, at which meeting
the eligible co-owners may vote for the election of Management
Committee of the Association.
(3) The Developer may call meetings of the Association for
informational or other appropriate purposes prior to the Initial Meeting,
but no such informational meeting shall be construed as the Initial
Meeting of Members until the Developer specifically notifies the CoOwners of intent to convene the Initial Meeting.
(4) After the Initial Meeting has occurred, an Annual General
Meeting of the Association (herein referred to as AGM) shall be held
42
43
PART IV
OPERATIONS AND ADMINISTRATION OF THE ASSOCIATION
Management
Council
Composition
11.
of the
not less than three nor more than seven members, as shall be fixed
Committee
Election of
Management
Committee
Members
44
Management
13.
Agreements
with the
Developer
transitional control date or within 90 days after the initial meeting has
and Affiliates
been held, and on 30 days notice at any time thereafter for cause.
Committee
vacancies
Tenure
Resignation
Removal
Officers
45
Qualification
Duties of the
Chairman
21.-(1)
the Association and shall have authority over the general control and
management of the business and affairs of the Association.
(2)
Chairman shall:
appoint or discharge employees, agents, or independent contractors, to
determine their duties, and to fix their compensation.
sign all Association documents and agreements on behalf of the
Association, unless the Chairman or the Management Committee
instructs that the signing be done with or by some other officer, agent,
or employee; and
see that all actions taken by the Management Committee are executed
46
22.
Secretary
to keep minutes of committee meetings;
responsible for providing notice to each Co-Owner as required by law,
these By-laws or any other Unit Document;
the custodian of Associations records;
to keep a register of the names and addresses of each Co-Owner,
officer, committee member and Managing Agent; and
to perform all duties incidental to the office and other duties
assigned
23.
Treasurer
have charge and custody over Associations funds and securities;
keep accurate books of accounts and records of the Associations
receipts and disbursements;
deposit all moneys and securities received by the Association
to such
document
procedure
47
Powers and
duties of
Management
Committee
so long as such action is not prohibited by the unit plan, these By-laws
, the Act or any other Law.
(2)
powers and duties of the Management Committee shall include, but not
limited to the following:
care, upkeep, and maintenance of the Common Property;
developments of an Annual Budget and collection of any Assessments
required by the affairs of and for the operation of the unit property;
employment and dismissal of contractors and personnel as necessary
for the efficient management and operation of the unit property;
adoption and amendment of By-laws, consistent with the Regulations
and the Act, or other laws governing the use of the unit property;
opening bank accounts, borrowing money, and issuing evidences of
indebtedness in furtherance of the purposes of the Association, and
designating signatories required for such purpose;
keeping books of accounts and records containing expenses and
receipts of administration, specifying the maintenance and repair
expenses of the common property and any other expenses incurred by
or on behalf of the Association and its members. Such accounts shall be
open for inspection by the co-owners and their mortgagees during
reasonable hours.
prepare and distribute a financial statement to each co-owner at least
once a year, the contents of which will be defined by the Association.
The books and records shall be reviewed annually and audited at such
times as required by the Committee members by qualified independent
accountants. The cost of such an annual review or audit shall be at the
cost of the Association.
obtaining insurance for the common property, the premiums of which
shall be an expense of Association;
granting licenses for the use of the common property for purposes not
inconsistent with the provisions of the Act or of the unit documents;
authorizing the execution of contracts, deeds of conveyance,
easements, and rights-of-way affecting any real or personal property
48
PART V
FINANCE
General
Funds
27.-(1)
Determination
of
Assessments
49
Routine
Collections
Default on
Payment
30.
due and payable in advance on the first day of the month (due date).
Obligation
Legal Remedies
for Default
Lien
50
Fines
Enforcement
Insurance
PART VI
ENJOYMENT, USE AND UPKEEP OF PRIVATE AND COMMON PROPERTY
Co-owners rights
of enjoyment and
obligations
51
(ii)
or
to have and exercise other rights that do not contradict with the
provisions of the Act and any other written law.
Obligation of co-
39.-(1)
owner
to observe the By-laws;
to contribute to costs of maintaining and operating the property,
including the contingency fund, in proportion to his fractional share;
for co-owner who uses common areas for restricted use shall contribute
to the costs resulting from those portions.
even in his unit, he shall not interfere with the carrying out of work
required for the conservation of the property approved by the
Association or of urgent work.
Nuisance or
annoyance
Noise
52
Animals and
birds:
Firearms and
Weapons
Drive ways,
45.-(1)
general parking
access among all Co-Owners to their individual garage units and there
53
46. The common areas shall be for the quiet use of co-owners,
family members, occupants, guests and invitees. For any prior planned
gathering in the common areas, the host co-owner shall first receive
written permission to use the common areas from the association. At
all times, use of the common areas shall adhere to a quiet time policy
where no noise that may disturb any occupants of any of the other
Units shall emanate from the common areas. The Association reserves
the right to impose reasonable user fees for use of the common areas
and any furniture or equipment located therein.
Fire Safety
Waste Collection
and Disposal
54
upon the common property any rubbish, dirt, dust or other material
likely to interfere with the peaceful enjoyment of the co-owner or
occupier of another unit or of any person lawfully using the common
property.
Occupancy
limitations
Signs and
Billboards
Incidental Rights
55
of owners of
Common
Property;
Easements in
favor of Unit
Owner
the unitan easement of the subjacent and lateral support of the unit by the
common property and by every other unit capable of affording
support;
an easement for the shelter of the unit by the common property and by
every other unit capable of affording shelter;
for the passage or provision of water, sewerage, drainage, gas,
electricity, garbage, artificially heated or cooled air and other services
including telephone, radio and television services through or by means
of any pipes, wires, cables or ducts for the time being existing within
the unit as appurtenant to the common property and also to every
other unit capable of enjoying those easements; and
any other such rights as provided for under the Act and Land Act.
(2) Where an easement is implied by these By-laws, the owner
of any utility service providing a service to the common property or to
any unit on it, shall be entitled to the benefit of any of the easements
56
which are appropriate to the provision of the services, but not to the
exclusion of the owner of any other utility services.
Implied
easements in
favour of unit
owner
Exclusive use of
common property
Physical
alterations of
units
owner may:
make improvements or alterations to his unit that do not damage or
impair the common areas or any other unit;
not change the appearance of the common areas, or the exterior
appearance of a unit such as fencing wall, doors, windows, external
wall, swimming pool, sheds or any other portion of the property,
without permission of the Association;
(2) After acquiring all or section of an adjoining unit, the coowner mayremove, alter or create apertures in any intervening partition if those
acts do not impair the structural integrity or mechanical systems of the
property or another unit or lessen the support of any portion of the
property; and
relocate the boundaries between adjoining units, combine two or more
units or subdivide an existing unit into two or more portions by an
57
Physical
alterations of
boundaries
Aerials,
57. A Co-Owner may install the above devices for use within
Antennas,
and
Broadcasting/
Receiving
Devices
Landscaping and
site works
58.
PART VII
DISPOSITION
Disposition
58
Sale of Units
provided under section 30 of the Act and Regulations made under the
Act.
61. Any co-owner who mortgages a unit (referenced in this Part
Notice to
Association
Rights of
Mortgagees
the Act.
63 If a co-owner dies and under the applicable law the co-
Inheritance
Lease
tenant begins to rent his unit, give the Association notice in writing
stating the name of the tenant occupying his unit and such other
particulars as provided in these By-laws.
(2) The owner of the unit shall, within seven days after a tenant
ceases to rent his unit, give the Association notice in writing stating
that his unit is no longer being rented.
PART VIII
DISPUTE SETTLEMENT
Dispute
settlement
59
(2) Unless there is an election to mediate pursuant to these Bylaws or to petition a court, a dispute or question as to whether a
violation of any specific Regulation or restriction contained in these bylaws has occurred shall be submitted to the association, which shall
conduct a hearing and deliver a decision in writing. Such a decision
shall be binding upon all co-owners and other parties having an interest
in the unit property.
PART IX
GENERAL PROVISIONS
66.-(1) Every management committee member of the
Indemnification
of Management
Committee
Members.
Amendments
60
Taxes, rates,
68. Every co-owner of a unit shall be liable for any rate, charge
charges and
levies
property
(2) The Association shall be liable to any rate, charge or tax
levied by a relevant authority in relation to the common property.
Applicability of
use and
but not limited to this Part, and any rules or Regulations adopted by
occupancy
the Association which apply to any co-owner shall also apply to all
restrictions.
61
_______
FIFTEENTH SCHEDULE
__________
(Made under Regulation 14)(2)
__________
MODE CONSTITUTION
THE CONSTITUTION OF ASSOCIATION
PREAMBLE
WHEREAS, the Government of Tanzania has felt the need to enact the Legislation setting
out rules on the procedure to manage and regulate division of buildings into units, clusters,
blocks and sections, owned individually or in common use for a purpose of promoting
efficient and effective use of landed property markets in Tanzania; and
AND WHEREAS the homeowners/co-owners having in mind the foregoing, have seen the
need and agreed to form an association which shall be delegated and assigned the powers
and duties of maintaining and administering and enforcing them within covenants
restrictions, easements and charges set forms, each and all of which is and are for the
benefit of the said property the subsequent owners thereof;
AND WHEREAS, the Co-owners have unanimously declared and agreed to be formed
into.. Association, as a non-profit organization for the purpose of carrying out the
powers and duties aforesaid; and
AND WEHREAS, best development takes place in a peaceful atmosphere, it is hoped
that. Association shall create and act as a basis for peace, harmony and unity.
PART I
PRELIMINARY PROVISIONS
1. This Constitution may be cited as the Association.
62
Interpretation
2.
63
64
association
Official
language
Status
Aims and
objectives
to facilitate the administration of all that piece of land known as Plot No.
.at Area, ----------------------- and being the land
comprised in the Certificate of Title (Occupancy) Numbers ..
together with all the buildings improvements and fixtures thereon
(hereinafter called the Property) and to manage and administer and to
clean repair and maintain the roads footpaths parking bays drives sewers
drains watercourses electricity cables and conduits water pipes common
lighting grassed areas gardens, fencing, pool, gymnasium, security and
other ornamental areas shared in common by the persons who are in
occupation of each unit erected on the said piece of land (hereinafter
called a unit and collectively the units) and any other facilities used in
common within the Property (all the aforesaid areas on the Property
shares in common hereinafter referred to as the common property);
to collect service charges and other monies and liabilities due to the
Association from the registered proprietors and other occupiers of the
Units for undertaking the administration management and provision of
the aforesaid services in the common property and to pay any rates
taxes charges duties or other out-goings charged or imposed on or in
respect of the property and/or common property or any part or parts
65
thereof;
to provide any additional services of every description in relation to the
common property as may be approved by the Management Committees
of the Association from time to time and to maintain repair renew
redecorate repaint clean construct alter and to add to the common
property and to arrange for the supply to the common property of
services and amenities and the maintenance and cultivation where
necessary of the same and to enter into contracts with builders
contractors and to employ and remunerate any person firm or
Association for services rendered or to be rendered to or on behalf of the
Association;
to insure all the common property of an insurable nature against damage
or destruction by fire and other risk as may be considered necessary
appropriate or desirable and to insure the Association against public
liability and any other risk that may be considered prudent or desirable
to insure against;
to open and operate bank accounts in the name of the Association;
to establish and maintain capital reserves management funds and any
form of sinking fund in order to pay or contribute towards all fees costs
and other expenses incurred in the implementation of the Association's
objects and to require the members of the Association to contribute
towards such reserves or funds at such times in such amounts and in
such manner as the Association may think fit and to invest and deal in
and with such money not immediately required in such manner as may
from time to time be determined;
to invest and deal with the moneys of the Association not immediately
required in such manner as may from time to time be determined and to
hold or otherwise deal with any investments made;
to pay all or any expenses incurred in connection with the promotion
formation and incorporation of the Association, or to contract with any
person firm or Association to pay the same;
to advertise and promote the property and/or the units and to enter into
contract in respect thereof;
to employ such persons or enter into service agreements as may be
necessary from time to time to enable the Association to perform its
obligations and duties;
66
Management
Rules of
procedure at
meetings
elapse between the date of one Annual General Meeting and the next;
approve the minutes of the previous years AGM;
receive reports from the Chairman and the Secretary;
67
receive a report from the Treasurer and approve the annual accounts
elect the Management Committee;
consider changes to the Constitution; and
deal with relevant business.
(2) An Extraordinary General Meeting shall be called by an
application in writing to the Secretary supported by at least two-thirds of
the Association members.
(3) The Management Committee shall also have the power to call
an Extraordinary General Meeting by decision of a simple majority of its
members.
(4) At least fifteen days notice shall be given to members of any
general meeting.
Voting
Quorum.
Changes to
the
Constitution
(2) Notice shall be given to all voting members of any General
Meeting as specified in Article 10(3) and then any proposal to change the
constitution shall be submitted in writing to the Secretary at least seven
days prior to the meeting.
(3) All proposals for changes to the Constitution shall be signed
by two members eligible to vote at a General Meeting.
68
Finance
By-laws
Dissolution
Signed (Chairperson)
Signed (Committee Member) ..
69
______
SIXTEENTH SCHEDULE
_______
(Made under Regulation 14 (3))
ASSOCIATION FORMS
AF I
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
70
71
AF 2
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
CANCELLATION OF AN EASEMENT
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.
The .. Association, of P.o. Box .. No......., Registered Under the above reference
HEREBY CANCEL the easement granted to
the land over which the Association holds the right of occupancy and recorded in the register of Unit Plans
72
AF 3
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
73
AF 4
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
74
AF 5
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
Signed .
(UNIT OWNER/ CO-OWNERS)
75
AF 6
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
Signed .
(UNIT OWNER/ CO-OWNERS)
76
AF 7
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
77
Address of the Unit Owner/Owners Representative, for service of documents and notices
and the current address shall be as hereunder :
.
..
Dated at this day of .
Signed .
(UNIT OWNER/ CO-OWNERS/ REPRESENTATIVE)
78
AF 8
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
79
(Qualifications) ...........................................................................
(UNIT OWNER/ CO-OWNERS)
Served upon us:
80
AF 9
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
81
(Signatures) ...............................................................................
(Postal Addresses) ....................................................................
(Qualifications) ...........................................................................
(UNIT OWNER/ CO-OWNERS)
Served upon us:
...
Signature of Authorized Officer of the Association
82
AF 10
..
Dated at this day of .
Signed .
(UNIT OWNER/ CO-OWNERS/ REPRESENTATIVE)
83
84
AF 11
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
85
+Insert the description of the nature and date of the instrument, the names of the parties
to it and a brief description of the land disposed of.
*Delete whichever does not apply.
86
AF 12
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
...
CHARGEE
Date:
87
88
AF 13
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
To: The Association, of P.O. Box..........................., Registered Under the above reference.
.................................................
Signature of the Chargee
89
AF 14
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
Signed .
Signature of Authorized Officer for the Association
90
91
AF 14A
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
Signed .
Signature of Authorized Officer for the Association
92
93
AF 15
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
THE REGISTRAR
*The NOTICE must be given to the REGISTRAR within 15 days from the date of appointment
or cessation of membership.
94
AF 15 A
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
NOTICE OF PROXY
[Under Section 44 (7)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.
Signed .
(UNIT OWNER/ CO-OWNERS)
95
AF 16
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
SEAL
96
THE REGISTRAR
97
ASSOCIATION REGISTER
[Under Section 51]
AF - 17
SECTION A. UNIT PLAN & ASSOCIATION PARTICULARS (ABSTRACT)
UNIT PLAN ABSTRACT
Numbers of Units ..
Association: .
Number of Members
Aream2
Plot No..
Block..Location
Certificate of Title.
USER: (High Rise,
Terrace, Cluster, etc.)
PROPRIETORSHIP SECTION
VI.
FD.
Date of
Name of
Address &
Signature of
FD.
No.
Registration
registered
Telephone
authorized
NO.
98
ENCUMBERANCE SECTION
DATE
NATURE OF
FURTHER
SIGNATUR
ENCUMBRANCE
PARTICULARS
OF
Owner
Officer
AUTHORIS
OFFICER
CHANGE OF MEMBERS OF
CHANGE OF BY-
LAWS
NAME &
DATE OF
No.
ADDRESS
APPOINTMENT
FD NO.
DATE &
PARTICULARS
& CESSATION
99
100
2. PROPERTY SECTION
ESTATE
Property Therein
Unit Floor Area
USER
3. PROPRIETORY SECTION
4. ENCUMBRANCE SECTION
S/N
5. OCCUPIERS
Date
Name
Address
Authorized
FD
Date of
Nature of
Further
Authorized
Date
Name,
Further
of
of
&
Officer of
No
Registration
Encumbrance
Particulars
officer
of
Address &
Particulars
Owner
Telephone
Association
Entry
Occupation
of
No. of
Unit
Owner
DATE
ADDRESS
PARTIC
SIGNATURE
EASEMENT
ULARS
HOLDER
NATURE
FURTHER
SIGNATURE OF
OF
OF
PARTICUL
AUTHORISED
OF
AUTHORISE
TRANSAC
ARS
OFFICER
EASEME
D OFFICER
TION
101
FD. NO
DATE
NT
102
AF 18
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
103
*The NOTICE must be given to the ASSOCIATON within 14 days from the date of the
occurrence of the specified event.
104
AF 19
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
105
*The NOTICE must be given to the ASSOCIATON within 14 days from the date of the
occurrence of the specified event.
106
AF 20
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)
107
108
________
SEVENTEENTH SCHEDULE
_______
(Made under Regulation 15 (1) (a)
SALE AGREEMENT
UNIT TITLE. No.
PLAN. No
ASSOCIATION No
109
(signature).
(Postal Address).
Vendor
(Qualification)
..
(Postal Address)..
Purchaser
(Qualification).
110
AF 21
___________
EIGHTEENTH SCHEDULE
____________
(Made under Regulation 17(4)
_______
THE UNIT TITLE ACT, 2008
CERTIFICATE OF ASSOCIATION FOR GRANT OF EASEMENT/RESTRICTIVE
COVENANT/TRANSFER OR SALE OF COMMON PROPERTY ON TERMINATION*
111
________________
NINETEENTH SCHEDULE
________________
AF 22
(Made under Regulation 17(5))
NOTICE OF TERMINATION OF UNIT STATUS
To Registrar of Titles
We .Association of P.O. Box..being owner of a property with Unit Plan
No.situated at Plot No..BlocklocationTitle No..
Hereby certify that the unit status of the property has been terminated.
Annexed hereto is:a) A certified copy of the unanimous resolution of he owners.
Or
b) A certified copy of the order made by the court.
SEAL
112
______
TWENTIETH SCHEDULE
________
(Made under Regulation 20)
FEES
F.
TYPE OF FEE
AMOUNT IN
NO.
1. a
TSHs
Upon submission of a unit plan, a unit plan of sub-division or a unit
150,000/=
250,000/=
Where the unit plan is in phases (phased unit plan), for each extra
75,000/=
phase
2
30,000/=
3. a
10,000/=
A mortgage
15,000/=
15,000/=
prescribed form
f
5. a
10,000/=
court b
10,000/=
10,000/=
113
to deal with or more than one certificate of title, for each memorial
or entry after the first one
8. a
10,000/=
5,000/=
10,000/=
10
50,000/=
11
10,000/=
12
5,000/=
13
5,000/=
14
15,000/=
15
10,000/=
Dar es Salaam,
.... ., 2009
JOHN Z. CHILIGATI
Minister for Lands, Housing and Human
Settlements Development
114