Revised Laws of Saint Lucia (2021)

14.   Functions of body corporate

  1.  

    (1)   The body corporate shall—

    1.  

      (a)     operate the property for the benefit of all unit owners and be responsible for the enforcement of the bye-laws;

    1.  

      (b)     keep the common property in a state of good and serviceable repair;

    1.  

      (c)     insure and keep insured the building (in respect of which the body corporate is deemed to have an insurable interest) to the replacement value thereof against fire, hurricane and seaways unless the unit owners by unanimous resolution otherwise decide;

    1.  

      (d)     insure against such other risks as the unit owners may by special resolution determine for which purpose the body corporate is deemed to have an insurable interest;

    1.  

      (e)     comply with notices or orders issued by any competent public authority requiring repairs to or work to be done in respect of the property or the building;

    1.  

      (f)     carry out the directions of the unit owners expressed by resolution or otherwise as may be prescribed by the Declaration or the bye-laws; and

    1.  

      (g)     carry out any other duties prescribed by the Declaration or the bye-laws.

  1.  

    (2)   The body corporate may—

    1.  

      (a)     establish funds for administrative expenses sufficient in the opinion of the body corporate for the operation of the property, for the payment of any premiums of insurance, for the establishment of reserves for capital improvements or renewals of common property and the discharge of any other obligations of the body corporate;

    1.  

      (b)     determine amounts of money to be raised for the purposes aforesaid;

    1.  

      (c)     raise the amounts of money so determined by levying contributions on the unit owners in proportion to the unit entitlement of their respective units;

    1.  

      (d)     recover from any unit owner any sum of money expended by the body corporate for repairs or work done by it or at its discretion in complying with any notice or order issued by a competent public authority in respect of any part of the property comprising the unit of any owner;

    1.  

      (e)     employ such staff as may be considered necessary to carry out its duties;

    1.  

      (f)     receive the proceeds of any insurance taken out by the body corporate against the loss or damage of the building in trust for the unit owners in proportion to their respective interest and subject to section 31, apply the same for the repair or reconstruction of the building; and

    1.  

      (g)     exercise any other powers conferred on the body corporate by the declaration or the bye-laws.

  1.  

    (3)   All agreements, decisions and determinations lawfully made by the body corporate in accordance with this Act, the relevant declaration and bye-laws are binding on all unit owners.