2. Intepretation
For the purposes of this Act—
“body corporate” means a body corporate established by section 13;
“building” means a multi-unit building or several buildings comprising part of a property and which is or is to be included in a declaration;
“bye-laws” means the relevant bye-laws which regulate the operation of a property and includes the Articles of Association of a company registered under the Companies Act so far as they relate to the operation of the property;
“common expenses” in relation to a property means—
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(a) all sums levied in accordance with this Act against unit owners by the body corporate;
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(b) the expenses of the operation of the property;
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(c) any expenses declared to be common expenses by this Act, the declaration or the bye-laws;
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(d) any other expenses agreed upon as common expenses by the body corporate;
“common property” means so much of a property contained in the declaration relating to the property, as is not contained within the boundaries of any unit;
“Court” means the High Court;
“declaration” in relation to a property means the instrument by which the property is expressly declared to be subject to this Act and includes any lawful amendments to that instrument;
“Minister” means the Minister responsible for development;
“mortgage” includes a hypothec and any charge for securing money or money's worth;
“operation” in relation to a property, means the control, management and administration thereof including the maintenance, repair replacement and improvement of the common property;
“property” means land held in absolute ownership, or under usufruct or lease (emphytentic or otherwise) for a period of not less than 75 years or the remainder thereof or in such manner as the Minister by notice in the Gazette deems to be property under this Act—
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(a) to which a declaration relates; and
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(b) upon which or upon part of which there is erected or is in the course of erection either a building designed for internal subdivision as a multi-unit building, or several buildings,
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together with all other structures, installations, fixtures, servitudes, rights and appurtenances belonging to or enjoyed with such land and building or buildings;
“Register” means the Condominium Land Register kept by the Registrar in accordance with section 6;
“Registrar” means the Registrar of Lands appointed under the Land Registration Act;
“relevant” in relation to a declaration or bye-law means the declaration or bye-laws applicable to a property, building, unit or unit owner, as the case may be;
“special resolution” means a resolution of which at least 7 days prior notice is given and which is passed at a duly convened general meeting of the body corporate by a majority of not less than 3/4 of the total unit entitlement and not less than 3/4 of all the persons entitled to exercise the powers of voting conferred upon unit owners by or under this Act present personally or by proxy at the time of its passing;
“unanimous resolution” means a resolution of which at least 14 days prior notice is given and which is unanimously passed at a duly convened general meeting of the body corporate at which all persons entitled to exercise the powers of voting conferred upon unit owners by or under this Act are present personally or by proxy at the time of its passing;
“unit” means a building or part of a building which—
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(a) is described as a unit by the declaration relating to the property of which the building forms part; and
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(b) has direct access to a public road or public place or to common property leading to a public road or public place, and includes a balcony, terrace or patio and any space specified in the declaration as being contained within the limits and boundaries of the unit whether or not contiguous;
“unit entitlement” means the unit entitlement of a unit fixed in accordance with section 4(5) for the purposes of section 7(1);
“unit owner” means the person entitled to the unit, whether by virtue of absolute ownership, usufruct or lease.
(Amended by Act 18 of 2006)