Revised Laws of Saint Lucia (2021)

4.   Contents of Declaration

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   (1)   For the purposes of this Act a declaration shall comprise an instrument (which may be in several parts and have annexed thereto such drawings, plans and schedule as are considered necessary or convenient) duly executed in notarial form by the person having the legal title to the property to which it relates and shall contain—

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      (a)     a statement of the interests which the person executing it has in the property;

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      (b)     a statement expressly declaring the property to be subject to this Act;

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      (c)     a description of the property sufficient to identify it and its location precisely including a survey plan thereof prepared and certified by a licensed surveyor within the meaning of the Land Surveyors Act;

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      (d)     a description of the buildings including location in relation to the property, the number of storeys, basements, cellars and units and the principal materials of which it is or is to be constructed;

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      (e)     a description of every unit by reference to its number or other symbol, location, approximate floor area, limits and boundaries defined in accordance with subsection (4) and any other data necessary for its proper identification;

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      (f)     copies of the drawings and plans of the building which comply with the requirements of subsection (6);

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      (g)     a statement of the covenants, conditions and restrictions affecting the use, occupancy and transfer of each unit;

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      (h)     a schedule prescribing the unit entitlement of each unit on a basis prescribed by subsection (5);

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      (i)     a description by reference to location, area, limits and boundaries of the common property;

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      (j)     the name of the body corporate, the appropriate number of the plan being inserted by the Registrar upon the lodging of the declaration referred to in section 3 and in the case where the person executing the declaration is a company registered under the Companies Act a copy of its memorandum and articles of association;

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      (k)     the bye-laws applicable to the property;

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      (l)     any other matters (not inconsistent with this Act) relating to the property which the person executing the instrument thinks desirable;

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      (m)     the manner consistent with this Act, in which and the conditions subject to which the instrument may be amended by the unit owners.

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   (2)   A declaration or any amendment thereto shall not be valid nor shall it in any way affect the property to which it relates unless and until it is lodged for recording at the Office of the Registrar.

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   (3)   There shall be payable to the Registrar for the recording of a declaration or of any amendment thereto such fee as the Minister may prescribe by order.

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   (4)   The limits and boundaries of each unit shall, so far as is practicable, be defined by reference to floors, walls and ceilings and, unless the declaration otherwise provides, the common boundary of a unit with another unit or with the common property shall be the centre of the floor, wall or ceiling.

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   (5)   The unit entitlement of a unit shall be expressed in the Declaration as a fraction or percentage and shall be fixed either—

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      (a)     as the approximate proportion which the estimated value of the unit at the date of the Declaration bears to the then aggregate estimated value of all the units taken together; or

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      (b)     as the approximate proportion which the floor area of the unit at the date of the Declaration bears to the then aggregate floor area of all the units taken together,

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   but such proportion shall reflect any substantially exclusive advantages which may be enjoyed by one or more but not all unit owners in any part of the common property.

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   (6)   The drawings and plans mentioned in paragraph (f) of subsection (1) shall—

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      (a)     be a complete set of drawings and plans of each floor, basement and cellar of the building;

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      (b)     describe each unit by reference to its layout, location, designation and approximate dimensions;

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      (c)     be prepared and certified by a qualified architect; and

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      (d)     bear the approval of the Development Control Authority or other planning authority which shall also certify thereon that they are true and accurate copies of the drawings and plans of the building approved by it for the purposes of this Act.