Who runs an apartment block, and service charge disputes
Sectional Properties Act · sources read 5 Oct 2026
When a sectional plan is registered, all the unit owners automatically become a corporation ("The Owners, Sectional Plan No. ..."). It must insure and repair the building and common property, can levy contributions on owners in proportion to unit entitlement, and can recover unpaid amounts in court as a debt.
- Where
- The management corporation of your building and its dispute committee; then the Environment and Land Court
Steps
- If an owner breaks the by-laws, the corporation or an aggrieved owner can refer the dispute to the corporation's committee, naming the by-laws broken.
- The committee hears the dispute and gives a written, signed finding and order.
- If the order is not obeyed, or you disagree with it, go to the Environment and Land Court to enforce it or appeal.
- For unpaid contributions, the corporation can sue the owner for the debt.
Watch out
- The corporation can register a caution on the title of an owner's unit for unpaid contributions, giving it a charge on the unit.
- Interest on unpaid contributions can be charged only if the by-laws allow it, at the rate they set.
- Both the owner when the contribution was resolved and the owner when the case is filed can be held liable, jointly and severally.
Who this covers
- All owners of units in a building with a registered sectional plan are members of the corporation.
Official sources (1)
- Sectional Properties Act (Cap. 286), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026