5/30/2015 2:24:00 PM

GOVERNMENT NOTICE Nopublished on..

THE UNIT TITLES ACT, 2008
(CAP 416)
REGULATIONS
THE UNIT TITLES REGULATIONS, 2009
Title

Regulations

Citation

Interpretation

3.

Registration of a unit

4.

Application for registration of a unit plan

5.

Application for registration of a unit

6.

Issuance of a certificate of a unit

7.

Application for registration of subdivision and amalgamation

8.

Change of use of a unit

9.

A unit plan to conform to certain requirements

10.

Certificates Associating a unit plan

11.

A unit to be operated by an Association

12.

Qualification of a Managing Agent

13.

Registration of an Association

14.

Association to have a Constitution

15.

A developer

16.

Powers of the Registrar

17

Termination of the unit status

18.

Use of other forms

19.

Quality of paper

20.

Fees

21.

Offences and penalties

________

SCHEDULES
________
GOVERNMENT NOTICE NO. . published on ..
THE UNIT TITLES ACT, 2008
_______
(Cap 416)
_______
REGULATIONS
________
(Made under section 83)
______
THE UNIT TITLES REGULATIONS, 2009
________
Citation

1. These Regulations may be cited as the Unit Titles Regulations,

2009 and shall come into operation on a date to be published in the Gazette.

Interpreta

2. In these Regulations unless the context otherwise requires:

tion
Cap.416

Act means the Unit Titles Act, 2008;

Certificate of Unit Title means a certificate issued under Regulation 6;
Managing Agent means a person referred to under section 49 of the Act;
Register of units means a register kept under Regulation 3(1);
Registrar means Registrar appointed under section 4 of the Land

Cap.334

Registration Act;
Unit plan means a plan referred to under section 5(2) of the Act;

Registrati
on of a

3.-(1)

The Registrar shall keep and maintain a register of units and

record all particulars of units therein.

unit
(2)

The keeping and maintenance of the register under sub-

Regulation (1) shall be as provided for in section 8 of the Act.

(3)

The register of units and other matters relating thereto, shall be

as set out in the forms in the First Schedule to these Regulations.

(4)

A unit title registered under the Act and these Regulations shall

be assigned a number by the Registrar; and for the purposes of reference in

the register, the unit may be identified by such number as shown in the
Second Schedule to these Regulations.
Applicatio

4.-(1)

Any person who intends to register a unit plan shall make an

n for

application to the Registrar for that purpose, in the form set out in the Third

registratio

Schedule to these Regulations.

n of a unit
plan

(2)

A unit presented to the Registrar for purposes of registration as a

unit plan, a unit plan of a subdivision or amalgamation or any other type of

plans intended to be registered shall be:
drawn in ink, material, size and be in nature;
prepared in sheets bearing such words and formats;
consisting of any other information or signs,
as may be directed by the Registrar and any other relevant authority.
(3)

The Register may impose any condition to be complied with by

every applicant under these Regulations.

Applicatio
n for
registratio
n of a unit

5.-(1)

Any person who intends to register a unit shall make an

application to the Registrar for that purpose.

(2)

The Registrar may impose any conditions to be complied with by

every applicant under this Regulation.

(3)

The application under sub-Regulation (1) shall be made in the

form set out in the Fourth Schedule to these Regulations.

Issuance

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)

The Registrar shall, after the registration of a unit plan or a unit,

issue a certificate of unit title to that effect, which shall be as set out in the
Fifth Schedule to these Regulations.
(3)

Where the Registrar refuses to register a unit plan or a unit, he

shall, in writing, inform the applicant the of such refusal and reasons thereof.
(4)

Where an applicant under sub-Regulation (3) has made

correction or fulfilled any requirement as directed by the Registrar, the

Registrar shall register the unit plan or a unit.

Applicatio

7.-(1)

Any person who intends to subdivide or amalgamate his unit

n for

or units shall make an application to the Registrar for that purpose in the

registratio

form set out in the Sixth Schedule to these Regulations.

n of

(2) The application made under sub-Regulation (1) shall be attached

subdivisio

with the consent certificate from the local government authority, in a form

n and

shown in the Seventh Schedule to these Regulations.

amalgam
ation
(3)

Subject to sub-Regulation (2), the Registrar may register the

application and where the Registrar refuses to register the application, he

shall inform the applicant of such refusal and reasons thereof.
(4)

Where an applicant under sub-Regulation (3) has made

correction or fulfilled any requirement as directed by the Registrar, the

Registrar shall register the applicant for sub-division or amalgamation.
(5) The Registrar shall, before registering an application for subdivision or amalgamation of a unit or a unit plan, cause to be:
endorsed on the original registered unit plan, a notification of the sub-division
or amalgamation; and
indicated on the unit plan in the original register, a unit plan illustrating the
unit or units being subdivided or amalgamated,
thereafter, he shall, after the payments of prescribed fee, register the unit or
unit plan.
Change of

8.-(1)

Any owner of a unit may, in accordance with the provisions of

use of a

section 13 of the Act apply to the Registrar for change of the use of his unit in

unit

the form set out in the Eighth Schedule to these Regulations.

(2)

The application made under sub Regulation (1) small be

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)

Where the Registrar is satisfied that the requirements of section

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)

Every unit plan shall conform to certain requirements as the

Registrar or any other relevant authority may require.

conform
certain
requireme
nts
(2)

Without prejudice to the generality of sub-Regulation (1), a unit plan

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)

Every application for a registration of a unit plan shall be

Applicatio

accompanied by:

n to be

a certificate of a registered Land Surveyor;

accompan
ied by
certificate
a certificate from a local government authority; and
a certificate of a registered Architect.
(2)

The certificates referred to under sub-Regulation (1) shall be as

set out in the Tenth Schedule to these Regulations.

A unit to

11.-(1) Every unit title shall be operated and managed by an

be
operated
by an

Association as provided for in the Act.

(2)

Every Association shall appoint a manager to be known as a

Managing Agent who shall:

Associatio
n
manage the unit property;
manage the movable and immovable properties of the Association; and
manage the common properties of the Association.
(3)

Subject to provisions of sub-Regulation (2), the management

shall be done through an agreement in the form as shown in the Eleventh

Schedule to these Regulations.
Qualificati
ons of a

12.-(1)

The Managing Agent referred to in Regulation 11 shall be

any of the following:

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

13.-(1) The Registrar shall keep and maintain a register of

Associations and record all their particulars therein.
(2)

Every Association shall make an application for registration to the

Registrar for that purpose.

(3) The Registrar may, upon being satisfied that, the Association has
fulfilled all requirements provided for under the Act and these Regulations
and upon the payment of prescribed fees shall register the Association.
(4)

Where the Registrar refuses to register the Association he shall,

in writing, inform the applicant the reasons for the refusal.

(5)

Where an applicant under sub-Regulation (3) has made

correction or fulfilled any further requirement as directed by the Registrar,

the Registrar shall register the Association.
(6)

The Registrar may impose any conditions to be complied with by

every application under this Regulation.

(7)

The application under sub-Regulation (2) shall be made in the

form set out in the Twelventh Schedule to these Regulations.

(8)

Upon registration of an Association under this Regulation, the

Registrar shall issue a certificate of registration in the form set out in the
Thirteenth Schedule to these Regulations.
(9)

The Registrar may, upon satisfying himself that an Association

has contravened any of the provisions of the Act, By-laws or these

Regulations or has, in one way or another, lost the capacity to be an
Association, cancel the certificate of registration.
(10)

Subject to the provisions of section 50 of the Act the Association

By-laws shall be in the model set out in the Fourteenth Schedule to these
Regulations.
Associatio
n to have

14.-(1) There shall be prepared a Constitution for every Association

established under the Act and these Regulations.

a
Constituti
on
(2)

The Constitution referred to under sub-Regulation (1) shall be in

a model set out in the Fifteenth Schedule to these Regulations.

(3)

The forms to be used for matters relating to Associations shall be

as set out in the Sixteenth Schedule to these Regulations.

A
developer

15.-(1) A developer shall not sell a unit or proposed unit unless he

has delivered to the purchaser a copy of the sale agreement which shall contain the matters set out in the
Seventeenth Schedule to these Regulations;
the existing or proposed By-laws;
the existing or proposed management agreement;
the existing or proposed recreational agreement;
the lease of the common property, if the common property on which the unit
is located is held under a lease;
a certificate of title in respect of the unit or proposed unit;
any charge or proposed charge which may affect the title of the unit; and
the Unit plan.
(2)

A developer shall deliver to the purchaser in respect of a charge

or proposed charge, a written notice indicating-

the maximum principal amount under the charge;

the maximum monthly payment, if any;
the amortisation period;
the grace period, if any;
the pre-payment terms, if any; and
the interest rate or the formula, if any, for determining the interest rate.
(3) Subject to subsection (4), a purchaser of a unit from a developer
may, without incurring any liability for doing so, rescind the sale agreement
within ten days after the date of its execution.
(4)

A purchaser may not rescind the sale agreement under

subsection (3), if all documents required to be delivered to the purchaser

under subsection (1) have been dully delivered to him not less than ten days
before the execution of the sale agreement by the parties to it.
(5) Where a sale agreement is rescinded under subsection (3), the
developer shall, within ten days from receipt of written notice of the
rescission, return to the purchaser all the money paid in respect of the
purchase of the unit.
Powers of
the

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

17.-(1) A unit status of a building or common property may be

terminated in accordance with the provisions of section 75 of the Act.

unit
status
(2)

Where the Registrar terminates a status of a unit or common

property under sub-Regulation (1) he shall, by an application made by the

owners, issue a certificate in accordance with section 75 of the Act.
(3)

Upon termination of a unit status, an Association may executive

transfer of common property of any part of the common property in

accordance with Section 76 of the Act.
(4) Where Association resolves to transfer common property on
termination of unit status, it shall prepare and issue a Certificate of Grant of
common property in a form shown in the Eighteenth Schedule
(5) The termination of a unit status and transfer of common property
under sub-Regulations (1) to (4) shall be made in the prescribed form set out
in the Nineteenth Schedule to these Regulations.
Use of

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.

All forms intended

for registration entry, or filing in the

register, shall be on paper of durable quality.

20. The Registrar may, in relation to the Act and these Regulations,
impose fees set out in the Twentieth Schedule to these Regulations.

Offences

21. Any person who contravenes any of the provisions of these

and

Regulations commits an offence and shall be liable to penalties provided for

penalties

under the Act.

_______
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

Particulars of unit property

Title Number
Plot Number

Block Number

Owner/Developer..

Location

Appropriate areas in square metres

Postal address ..
Registry index map sheet
RentTerm.From
The estate of the registered owner/developer is subject to the
covenants and conditions contained in the certificate of
occupancy

10

Part B Proprietorship Section

Part E Encumbrance Section

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

Part C Change of members of

Part D Change of By-laws

committee and change of managing agent

Seria
l No.

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))
_______

NUMBERING OF THE UNIT PLAN

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

To: the Registrar of Titles

I/We.of
Postal Address
EmailPhone No.
We here by apply for the registration of the unit under the above reference;
Nationality
Present occupation/ type of business engaged in .....
Number of units ..
Description of Property: Plot No.Block ..Location.Title No..
Approximately value of existing or planned building
Registered Proprietor ..

15

Tenure: Right of Occupancy/Lease ..

Signature of the applicant(s) or agent(s)
*Attach four copies of unit plan
*Application to conform to requirements of Regulation 9.

UTF No.4
______
FOURTH SCHEDULE
_______
(Made under Regulation 5(3))
_______

APPLICATION FOR REGISTRATION OF A UNIT

(To be submitted in duplicate)

Title No

To: the Registrar of Titles

I/weof
Postal address .
EmailPhone No
Hereby apply for the registration of the Unit under the above reference;
Nationality
Unit number.and (Number of shares in common area)
Description of Property: Plot No.Block ..Location.Title No..

16

Approximate value of existing or planned building

Registered Proprietor ..
Tenure: Right of Occupancy/Lease ..
Signature of the applicant(s) or agent(s)
*Attach two copies of a unit plan
* Application to conform to requirements of Regulation 9.

_________
FIFTH SCHEDULE
_______
(Made under Regulation 6(2))

UTF No. 5
CERTIFICATE OF UNIT TITLE (RIGHT OF OCCUPANCY)
THIS IS TO CERTIFY THAT .......

(Name and address(s))

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

Dated this.day of20.

..
Registrar of
Titles

18

SIXTH SCHEDULE
Made under Regulation 7(1)
UTF No. 6
APPLICATION FOR REGISTRATION OF SUBDIVISION/AMALGAMATION

Unit Title No.

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..

To: Registrar of Titles

This is to certify that, the proposed subdivision/amalgamation of the structure submitted by
.. (insert name of registered proprietor) as shown on the Unit Plan in
respect
of the building(s) situated on Plot No...Block.Location.Title
No.has been approved by..(insert name of local authority) in
accordance with the Unit Titles Act, 2008.
.
City/Municipal/District/Township Director

Date:..

20

_________
EIGHTH SCHEDULE
_________
(Made under Regulation 8(1))
_________
UTF No. 8
UNIT TITLES ACT 2008
APPLICATION FOR CHANGE OF THE USE OF UNIT

Unit Title No..

To: The Registrar of Titles
I/We of Postal
address.. E-mail Telephone.
HEREBY apply for registration for change of use of the units registered under the above,
reference, dated this . Day of .20

.
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

CERTIFICATE OF CONSENT OF CHANGE OF USE FROM

LOCAL GOVERNMENT AUTHORITY
UTF No.9B

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(s) situated on Plot
NoBlock..Location.Unit
Title No..has been approved by..(name of the Local Authority)
in accordance with the Unit Titles Act, 2008.

..
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

Practicing Certificate Number

..
Signature of
Registered Surveyor

25

UTF No. 10B

THE UNIT TITLES ACT, 2008
B. CERTIFICATE FROM A LOCAL GOVERNMENT AUTHORITY

To: The Registrar of Titles

This is to certify that the proposed division of the structure submitted by
(Insert name of registered proprietor) as shown on the Unit plan in
respect of the building situated at Plot.Block.Title No..has been approved
by.. (Insert name of local authority) in accordance with the Unit Title Act, 2008.
.
City/Municipal Director
Date:.

UTF NO. 10C

C. CERTIFICATE OF REGISTERED ARCHITECT

To: The Registrar of Titles

This is to certify that the unit plan in the respect of the building situated at
Plot No. BlockLocationUnit Title Noas per attached sheet No. 1 to
. was prepared and supervised by a Registered Architect.

26

Dated this. Day of ..20

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.

PARTICULAR POWERS AND DUTIES

In furtherance of and without prejudice to the general power and authority hereinbefore
conferred, the Managing Agents shall have inter alia the following powers, authorities,
discretions, and duties.
to diligently and prudently manage the affairs of the unit property and to protect and
promote the interest of the Association:
to prepare statements of demand, receive and ensure that service charges, electricity/diesel
costs and other outgoings for day to day running of common property are collected from the
owners.

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

SEALED with the common seal of

SEAL

The said ------------------------------And delivered ON THE PRESENCE of us this

NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:
NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:

SEAL

SEALED with the common seal of

The said ------------------------------And delivered ON THE PRESENCE of us this

NAME: .
SIGNATURE: ..
POSTAL ADDRESS:
.
QUALIFICATION:

NAME: .
SIGNATURE: ..

33

POSTAL ADDRESS:
.
QUALIFICATION:

34

UTF NO 11
_______
TWELVETH SCHEDULE
_________
(Made under Regulation 13(7))
_______

THE UNITED REPUBLIC OF TANZANIA

THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

APPLICATION FOR REGISTRATION OF AN ASSOCIATION

UNIT TITLE NO.

UNIT PLAN NO. ..

To: The Registrar of Titles

I/WE. ASSOCIATION of P.O. Box. HEREBY apply to be
registered as an Association in accordance with Section 35 of the Unit Titles Act and Regulation 13(7) of the
said Act.
Name
Signature .
Qualification

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)

CERTIFICATE OF REGISTRATION OF AN ASSOCIATION

UNIT TITLE NO. .

UNIT PLAN NO.
ASSOCIATION NO. .

I HEREBY certify that ASSOCIATION is this day registered as an association in

accordance with Section 35 of the Unit Titles Act
Given under my hand and seal at.this.day of.two
thousand and

..
Registrar of Titles

36

__________

FOURTEENTH SCHEDULE
_________
(Made under Section 13(10))
__________

ASSOCIATION BY-LAWS

PART I
PREAMBLE
Declaration

1. The name of the association is .. hereinafter

referred to as the association. These By-laws were duly adopted as
the official By-laws of the ..Association at the members
meeting held (date). These By-laws were properly
adopted and supersede any and all previous By-laws that the
Association or its predecessor had previously considered or relied upon,
including, but not limited to By-laws identified and titled as By-laws of
Association with the principal office located at
..

Organization

2. .. is a Unit Owners Association located on Plot No

______________, Block No.______________in the area
of_____________ in _____________ City/Municipal/District, being
developed at once/in successive phases so as to comprise a total of
_____ units (herein referred to as the Unit Property as defined in Part
II below). Upon the registration of the unit plan, the management,
maintenance, operation, and administration of the Unit Property shall
be vested in the . Association, (an association as defined in
Part II below) and comprised of any persons or legal entities that own
an individual Units in the Unit Property (those unit owners, the CoOwners as defined in Part II below).

37

Compliance

3. All present and future Co-Owners, mortgagees, lessees, or

other persons who may use the facilities of the Unit Property in any
manner shall be subject to and shall comply with the provisions of the
Act, including the Unit Plan and any consequential amendments, the
. Association By-Laws, and any other Unit documents that
pertain to the use and operation of the Unit Property. The acceptance
of a deed of conveyance, the entering into of a lease, or the act of
occupying a unit in the Unit Property shall constitute an acceptance of
the terms of the Unit documents and an agreement to comply with
their provisions.

Office

4. The head office of the Association shall be at such place

within the locality/district as the Management Committee may
determine from time to time. The mailing address of the Association
shall be the head office unless the Management Committee designates
an alternate mailing address and notify all unit owners and other
stakeholders in writing.

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

co-owner means the person, firm, Association, corporation,

partnership, association, trust, or other legal entity or any combination
of such entities who or which own a unit in the unit property and the
term co-owner, wherever used, is synonymous with the term owner;
developer means a person engaged in the business of developing a
Unit Property as provided for in the Act, and includes its successors and
assignees who

have signed, delivered, and registered the unit

plan and other unit documents;

General Common Property means those Common areas that are for
the use and enjoyment of all co-owners of the Unit Property, as
described more fully in the Unit plan;
Managing Agent means a person referred to under section 49 of the
Act;
member means a co-owner who is entitled to ownership of an
individual unit to become a member of Association; the term member,
whenever used is synonymous with the terms owner and Co-owner;
register of the units means a register kept under Regulation 3(1);
Registrar means a Registrar appointed under section 4 of the Land
Registration Act, Cap. 334;
Regulations means the Regulations made under the Act;
restricted common property means those common areas that are
reserved for the exclusive use of a co-owner or any other person so
allowed by the Management Committee of a specific unit or units, as
described more fully in the Unit plan
transitional control date means the date on which the Management
Committee for the Association takes office pursuant to an election in
which the votes that may be cast by eligible co-owners un affiliated
with the developer exceed the votes which may be cast by the
developer;
unit documents means the Unit Plan including all exhibits, the
Constitution of the Association, the By-laws of the Association and the
rules adopted by the Management Committee of the Association, and
any other document that affects the rights and obligations of a coowner in the unit property;
unit property or Property means the land described in the Unit plan,
as the same may be amended, together with all structures,

39

improvements, easements, rights, and appurtenances located on or

belonging to such property;
unit means that portion of the unit property that is designed and
intended for separate ownership and use by an owner, as described in
the unit plan;
Unit Plan means the document, together with the exhibits attached to
it and all amendments that may be adopted in the future, by which the
unit property is being submitted and registered for unit ownership
under the Act;
Unit Factor means the unit entitlement of a unit plan and the
indicated share of an owner in the common property, common facilities
and other assets of the Association and is the figure which determines
the owners contribution to the common expenses of the Association
and may be determined in accordance with the By-laws of the
Association using such variables as the size of the unit, location of the
unit and the view which the unit commands;
Unit Property Types means the type of unit property as defined in the
Act which includes high rise structures or in rows or terraces, or in
buildings in a cluster form and the like structures and the user thereof
as more particularly described in the Urban Planning Act 2007 use
classes;

PART III
MEMBERSHIP, VOTING RIGHTS AND MEETINGS
Membership

7.-(1)

Each Co-owner of the unit property, during the period of

ownership shall be a member of the Association, and no other or entity

will be entitled to membership.
(2) For membership purposes, each co-owner shall be treated
as a single legal entity regardless of the number or type of legal
persons or entities with an ownership interest in any particular Unit.
(3) The share of a co-owner in the funds and assets of the
Association may be assigned, pledged, or transferred only as an
appurtenance to a Unit.
(4) The Secretary of the Association, or the agent of the

40

Association having charge of the membership records of the

Association, shall make and certify a complete membership list of the
co-owners entitled to vote at a membership meeting or any
adjournment.
(5) The list shall be arranged either alphabetically by name or
sequentially by address and shall include both the name and address of
each co-owner.
(6) The list shall be produced at the time and place of the
membership meeting. The list may be subject to inspection by any
member during the whole time of the meeting, and be prima facie
evidence of the members entitled to examine the list or vote at the
meeting.
Voting

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

of the said individual representative, the number and address of the

unit owned, and the name and address of any person or persons, firm,
Association, corporation, partnership, trust, or other legal entity who is
an owner of the Unit.
(8) The certificate referred to in by-law (7) shall be valid until
revoked, or superseded by a subsequent certificate, or until a change
has occurred in the ownership of the Unit.
(9) Votes may be cast in person or by proxy.
(10) Proxies may be made by any designated Voting
Representative who is unable to attend the meeting in person and must
be filed with the Association before the appointed time of the meeting.
Proxies will be valid only for the particular meeting designated or any
adjournment of that meeting.
Meetings

9.-(1) Subject to section 46 of the Act, the initial meeting of the

co-owners of the Association may be convened only by the developer
and may be called at any time after five or more of the units in the unit
property have been sold and the purchasers have qualified as members
of the Association (that meeting to be referred to herein as the Initial
Meeting).
(2)

If no event has occurred, the Initial Meeting may be called

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

in each year on a date and at a time and place selected by the

Management Committee of the Association.
(5) Special meetings of the Members of the Association may be
called by the chairperson of the Management Committee, its majority
or by the chairperson or secretary of the Management Committee at
the written request of not less than 50 percent of the Members.
(6) All membership meetings shall be held at the Associations
head office or at any other place determined by the Management
Committee as stated in the notice of the meeting.
(7) Except as otherwise provided by the Act, written notice of
the date, time, place, and purpose of the meeting shall be given not
less than 21 days prior to the meeting. Notice shall be mailed or
delivered to each co-owner entitled to vote at the meeting. However,
not less than 45 days written notice shall be provided to each member
for a meeting for any proposed amendment to these By-laws or to any
other registered Unit Documents.
(8) The presence in person or by proxy of 50 percent of the coowners entitled to vote shall constitute a quorum of members. The
written vote of any co-owner furnished at or prior to a meeting, at
which meeting such co-owner is not otherwise present in person or by
representative or, in either case, by proxy, shall be counted in
determining the presence of a quorum with respect to the question
upon which the vote is cast.
(9) At any meeting of co-owners at which a quorum is present,
51 percent of the co-owners entitled to vote and present in person or
by proxy (or written vote, if applicable), shall constitute a majority for
the approval of the matters presented to the meeting, except in those
instances in which a majority exceeding a simple majority is required
by these By-laws, the unit plan, or by law.

43

PART IV
OPERATIONS AND ADMINISTRATION OF THE ASSOCIATION
Management
Council

10. The business, property, and affairs of the Association shall

be managed by the Management Committee members to be elected in
the manner described in these By-laws; provided, that the Committee
members designated in the Association shall serve until such time as
their successors have been duly elected and qualified at the Annual
General Meeting of co-owners.

Composition

11.

The composition of the Management Committee shall be

of the

not less than three nor more than seven members, as shall be fixed

Committee

from time to time by a majority vote of the co-owners; provided that

these requirements shall be binding only on and after the transitional
control date.

Election of
Management
Committee
Members

12.-(1) The Members of the Management Committee shall be

elected by the co-owners at the annual General Meeting.
(2) All actions of the first Committee designated in the
constitution or any successors to such committee members appointed
by the developer prior to the Initial Meeting of co-owners shall be
binding upon the Association in the same manner as any action
authorized by Management Committee elected by the members of the
Association, so long as such actions are within the scope of powers and
duties that may be exercised by the committee, as provided for in the
unit documents.
(2) All actions of the first committee designated in the constitution or
any successors to such committee members appointed by the
developer prior to the Initial Meeting of co-owners shall be binding
upon the Association in the same manner as any action authorized by
Management Committee elected by the members of the Association, so
long as such actions are within the scope of powers and duties that
may be exercised by the committee, as provided for in the unit
documents.

44

Management

13.

Any service contract or management agreement entered

Agreements

into between the Association and the Developer or affiliates of the

with the

Developer shall be voidable without cause by the Committee on 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

14.-(1) A vacancy on the Committee may be filled with a person

elected by a majority of the remaining members of the Committee,
even though there may be less than a quorum of the Management
Committee members, and a person so elected shall be a Committee
member for a term of office from the date of Committee approval
continuing until the next election of Committee members by the coowners/owners.
(2) A vacancy of the Committee may also be filled at the next
election of Committee members by the co-owners so long as any such
vacancy does not preclude quorum by the Committee.

Tenure

15. Management Committee members shall be elected at each

Annual General Meeting to hold office until the next annual meeting
and until the committee member successor is elected, or until the
Committee member death, resignation, incapacitation or removal.

Resignation

16. A committee member may resign at any time by providing

written notice to the Secretary of the Association. The notice of
resignation will be effective upon receipt or at a later time designated
in the notice. A successor shall be appointed as provided for in by law
14.

Removal

17. Any Committee member may be removed for a good cause

by a majority vote of the co-owners of the Association entitled to vote
at an election of Committee members.

Officers

18-(1) The By-laws shall provide the designation, terms of

office, qualifications, manner of election, duties, removal, and
replacement of officers of the Association and may contain any other
provisions pertinent to officers of the Association not inconsistent with

45

these By-laws. The officer of the Association shall be Chairman,

Secretary, and Treasurer.
Election

19. The officers of the Association shall be elected from among

the Management Committee during the Annual General Meeting.

Qualification

20. (1) The Chairman shall be a voting member of the

Committee.
(2) Each officer shall be a member of the Association in good
standing.
(3) Each officer shall hold office for the term appointed until a
successor is appointed and may resign at any time by providing written
notice to the Association.
(4) The notice of resignation shall be effective upon its receipt
or at a later time designated in the notice.
(5) An officer appointed by the Management Committee may be
removed with good cause by vote of a majority of the Committee. The
removal shall be without prejudice to the persons contract rights, if
any. Appointment to an office does not in itself create contract rights.
(6) A vacancy in any office for any reason may be filled by the
Management Committee.
(7) Officers may be compensated, but only upon the affirmative
vote of 60 percent or more of all co-owners.

Duties of the
Chairman

21.-(1)

The Chairman shall be the Chief Executive Officer of

the Association and shall have authority over the general control and
management of the business and affairs of the Association.
(2)

Without prejudice to the generality of sub-law (1) the

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

and other duties incidental to the office are performed.

Provided that the Management Committee may by discretion
delegate any of the above functions to any other officer of the
Association or Managing Agent:
Duties of the

22.

The duties of the Secretary shall be:

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

by the Chairman or the Management Committee.

Duties of the

23.

The duties of the Treasurer shall:

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

depositories in the Associations name that may be designated by the

Committee;
complete all required Associations returns; and
perform all duties incidental to the office and other duties assigned by
the Chairman or the Committee including preparation of audit report,
annual budget and like duties.
Association

24. All Association documents (including shares, bonds,

document

agreements, insurance and annuity contracts, qualified and non

procedure

qualified, deferred compensation plans, cheques, notes,

disbursements, loans, and other debt obligations) shall not be signed
by any officer, designated agent, or attorney unless authorized by the
committee or by these By-laws.

47

Powers and

25.-(1) The Management Committee shall have all powers and

duties of

duties necessary for the administration of the affairs of the Association,

Management

and may take any action in support of this obligation of administration

Committee

so long as such action is not prohibited by the unit plan, these By-laws
, the Act or any other Law.
(2)

Without prejudice the generality of sub-section (1) the

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

of the Unit Property on behalf of the co-owners;

making repairs, additions, and improvements to, or alterations of, the
Common property, and repairs to and restoration of the common
property after damage or destruction by fire or other casualty, or as a
result of condemnation or land acquisition proceedings under the
relevant laws;
asserting, defending, or settling claims on behalf of all co-owners in
connection with the common property of the unit property and, upon
written notice to all co-owners, instituting actions on behalf of and
against the co-owners in the name of the Association; and
such further duties as may be imposed by resolution of the co-owners
of the Association or that may be required by the Act.
Managing
Agent

26. The Management Committee may employ a Managing

Agent as provided under section 49 of the Act at a compensation
established by the Committee to perform such duties and services as
the committee shall authorize, including, but not limited to the powers
and duties described under by-law 25.

PART V
FINANCE
General
Funds

27.-(1)

The Association shall establish a fund or funds for the

general administration of the association as provided in section 59 of

the Act.
(2) The Association shall establish and maintain a fund to be
known as the Sinking Fund, to be used for major repair and
replacement of common property as provided for under sections 60 and
61 of the Act.

Determination
of
Assessments

28. Assessments shall be determined by the Management

Committee.
(2) The annual assessment to be levied against each unit in the
unit property shall be determined on the basis of the Annual Budget
and shall be equal to an amount necessary to meet the obligations of
the Annual Budget.

49

(3) The Annual Assessment shall be apportioned in a manner

consistent with these By-laws.
Financial Year

29.-(1) The financial year of the Association shall begin on the

day of ..of every year.
(2) The commencement date of the fiscal year herein
established shall be subject to change by the Annual General Meeting.

Routine
Collections

Default on
Payment

30.

All monthly installments of the annual assessment shall be

due and payable in advance on the first day of the month (due date).

31. .-(1) Each co-owner shall be obligated to make payment of

all assessments levied upon the co-owners Unit during the time that
the person is the co-owner of the unit.
(2) No co-owner may be exempted from liability for the co-owners
contribution toward the expenses of administration by waiver of the use
or enjoyment of any of the Common Property, or by the abandonment
of a unit.

Obligation

32. The payment of an assessment shall be in default if the

assessment, or any part, is not received by the Association in full on or
before the due date for such payment established by the By-laws of the
Association.

Legal Remedies
for Default

33. In the event of default by any Co-Owner in paying any

periodic payment of an assessment, the committee may:
declare all unpaid installments of any assessment for the pertinent
financial year to be immediately due and payable; and
may impose reasonable penalty on delayed payments and interest at
the commercial rate upon such assessment.

Lien

34. In the event of default, the following shall constitute a lien

on the unit prior to all other liens, except tax liens in favor of the
government or taxing authority and sums unpaid upon a mortgage
registered prior to the registration of any notice of lien by the

50

Association, unpaid assessments, together with interest on the unpaid

assessments, collection charges, and late charges; advances made by
the Association for taxes or other liens to protect its lien; attorney fees;
and any other fines imposed in accordance with the unit documents.

Fines

35. The Association may impose fines upon a co-owner for

failure to comply with any of the terms or provisions of the unit
documents so long as the Association provides notice to the co-owner
to show cause.

Enforcement

36. Failure to comply with any of the terms or provisions of the

unit documents shall entitle the Association to enforce the collection of
all sums due for damages in a suit at law for a money judgment or in
equity for injunctive relief or sale of the liens securing payment of any
assessment in default, as provided by section 63 of the Act. In any
action arising out of an alleged default by a co-owner, the Association
shall be entitled to recover reasonable costs and attorney fees as
determined by the court.

Insurance

37. The Association shall, on its own and on behalf of the

owners, obtain and maintain an insurance policy covering the units and
common properties as provided under section 81 of the Act.

PART VI
ENJOYMENT, USE AND UPKEEP OF PRIVATE AND COMMON PROPERTY

Co-owners rights

38. -(1) Every co-owner shall have a right of enjoyment of the

of enjoyment and

private unit, private common property, general common property and

obligations

appurtenant to unit property.

(2) Every co-owner shall pass with the title to every unit
subject to the followingto use his unit and the common areas for his own needs as well as for
the needs of his family/household, agents, tenants, invitees, and
licensees for access in and out of the respective Units, and for other
purposes incidental to the use of units;
without the approval of the association or any other co-owner, to
transfer his unit to any other person by sale, lease, gift, bequest,

51

devise, pledge or mortgage or any other manner permitted by law;

to participate in the management of the association in accordance
with the provisions of these By-laws;
to elect and be elected to the association's Management Committee;
a co-owner who suffers prejudice by the carrying out of work, through
a permanent diminution in the value of his unit, a grave disturbance
or deterioration of enjoyment, even if temporary, is entitled to
compensation from:
(i)

the Association, if the Association ordered the work;

(ii)

if it did not, from the co-owners who did the work.

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)

Each Co-owner shall be obliged-

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

40.-(1) A unit owner must not use the unit, or permit it to be

used, in a way that causes a nuisance or substantial annoyance to an
owner or occupier or user of another unit.
(2) The provisions of sub-by-law (1) shall not apply to use of a
unit if the Management Committee has given an owner, occupier or
user of the unit written permission for that purpose.
(3)Permission may be given subject to stated conditions
(4) Permission may be withdrawn by special resolution of the
Association.

Noise

41.-(1) A unit owner shall not make, or permit to be made such

a noise within the unit in the circumstances likely to cause substantial

52

annoyance to an owner, occupier or user of another unit.

(2) The provisions of sub-by-law (1) shall not apply to the
making of a noise if the Management Committee has given the person
responsible for making the noise written permission to do so.
(3) Permission may be given subject to stated conditions.
(4) Permission may be withdrawn by special resolution of the
Association.

Animals and
birds:

42.-(1) A unit owner shall not keep, or permit to keep, any

animal or bird within the unit or on the common property.
(2) The provisions of sub-by law (1) shall not apply to the
keeping of an animal or bird if the Management Committee has given
the person keeping the animal written permission to do so.
(3) Permission may be given subject to stated conditions
(4) Permission may be withdrawn by special resolution of the
Association.

Illegal use of unit

43. A unit owner shall not use a unit, or permit it to be used to

contravene any written law.

Firearms and
Weapons

44. A co-owner shall not use, or permit any occupant, agent,

tenant, invitee, guest, or member of the co-owners family to use
firearms, air rifles, guns, bows and arrows, illegal fireworks or other
dangerous weapons or devices anywhere on or about the property.

Drive ways,

45.-(1)

Drive ways shall remain clear at all times to facilitate

general parking

access among all Co-Owners to their individual garage units and there

areas and lots

shall be no stopping, standing or parking in the drive ways and general

parking at any time.
(2) The drive ways shall not be used for any purpose other than
access to the individual garage units or parking lots without the prior
written permission of the Association.
(3) Any vehicle, whether owned by a co-owner or another
individual, shall be subject to the towing policy of the Association as
determined from time to time by the Association or its managing agent.
(4) The Association and its managing agent shall not be liable

53

for any costs or expenses incurred as a result of an illegally parked

vehicle removed from the premises.
(5) No commercial vehicles, heavy duty tracks or trailers shall
be parked or stored anywhere within the property without the prior
written approval of the Association.
(6) No maintenance or repair shall be performed on any kind of
vehicle, except within a garage or residence where such work shall be
isolated from public view.
(7) If at any time the Association is able to provide additional
parking in excess of the individual garage spaces appurtenant to each
Unit, then the Association will propose a written parking policy for such
additional parking to be adopted by majority vote of the Association.
Use of common
areas

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

47.-(1) Each co-owner shall abide by the general fire safety

Regulations and precautions issued by local authorities.
(2) No co-owner shall knowingly permit any fire to ignite or
spread so as to endanger the life or property of another, nor operate
any device which may be a source of ignition unless reasonable
precautions are taken to ensure against the starting and spreading of
unfriendly fires;
(3) No co-owner shall deliberately, or through carelessness or
negligence, set fire to or cause the burning of any material in such
manner as to endanger the safety of any person or property;

Waste Collection
and Disposal

48.-(1) A co-owner or occupier of a unit in a multi-storey

subdivided building provided with chutes for the disposal of waste shall:
ensure that before any waste is thrown into the chutes it is securely

54

wrapped in plastic bags or other similar materials; and

not dispose of any large objects into the chutes which may obstruct the
free fall of waste in the chutes.
(2) A co-owner or occupier of a unit which is not provided with
any chute for the disposal of wasteshall maintain within his unit, or on such part of the common property,
as may be authorized by the Management Committee, in clean and dry
condition, an adequately covered garbage bin for the disposal of waste;
shall ensure that before waste is placed in the garbage bin it is securely
wrapped or, in the case of tins or other containers, completely drained;
shall not place any waste in the garbage bin of the Co-owner or
occupier of any other unit except with the permission of that Co-owner
or occupier;
shall promptly remove any waste which he or the waste collector may
have spilled from the garbage bin and shall take such action as may be
necessary to clean the area within which that waste was so spilled.
(3)

A co-owner or occupier of a unit shall not deposit or throw

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

49. The premises shall not be occupied by any person other

than those registered as occupants. Any change in occupancy shall be
notified in writing to the Association as provided under Section 52 of
the Act.

Signs and
Billboards

50. No signs, billboards or other advertising devices that are

visible from the exterior of the Unit or from the common property shall
be displayed on any Unit without written permission from the
Association provided that a professionally made unlit sign, or a sign of
substantially the same quality and appearance, not larger than one
square meter in size, maybe used for the purpose of advertising a unit
for sale or letting.

Incidental Rights

51. Each owner of a unit shall have in Common Property and

55

of owners of

each unit comprised in a registered unit plan rights of-

Common

support, shelter and protection;

Property;

passage or provision of water, sewage, drainage, gas, electricity,

telecommunication, garbage and air; and
any other service of whatever nature, over the common property and
every structure on it as may be necessary for the reasonable use or
enjoyment of the common property or unit.
(2) Each owner of a unit shall have in common property and
each unit comprised in a unit plan and appurtenant to it:
a right to full, free and uninterrupted access; and
use of light through or from any windows, doors or other apertures
existing at the date of registration of the unit.
(3) The rights created by these By-laws shall carry with them
all ancillary rights necessary to make them effective as if they were
easements.
(4) Nothing in these By-laws shall affect any common property
other than the common property to which the unit plan relates.

Easements in

52.-(1) After the registration of a unit plan, there shall be

favor of Unit

implied in favour of each unit shown on the plan and as appurtenant of

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

53.-(1) Easements or restrictions to ancillary rights and

easements in

obligations to use implied or created by the Act or by these By-laws

favour of unit

shall take effect and be enforceable without any memorial notification

owner

on the parts of the Register constituting titles to the dominant or

servient tenements.
(2) All ancillary rights and obligations reasonably necessary to
make easements effective shall apply in respect of easements implied
by the Act, including the right of an owner of a dominant tenement to
enter a servient tenement and replace, renew or restore anything
from which the dominant tenement is entitled to benefit.

Exclusive use of
common property

54. An Association may, if its By-laws permit, grant a lease to

an owner permitting the owner exclusive use of a part of the common
property.

Physical

55.-(1) Subject to the provisions of the registered unit plan,

alterations of

any mortgage encumbering a unit, and other provisions of law, a co-

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

amendment to the declaration upon approve of the Association and the

co-owners of any affected units.

Physical

56. At the expense of the Co-owners applying for relocation of

alterations of

boundaries, combination or subdivision of units, the fractional shares

boundaries

will be reallocated among co-owners as necessary and the Association

will prepare and register necessary amendments to the declaration to
show the subdivided unit or altered boundaries between adjoining
units, their dimensions, identifying numbers, and the amendments to
the fractional shares of such units.

Aerials,

57. A Co-Owner may install the above devices for use within

Antennas,

the co-owners unit, subject to reasonable prior written approval by the

and

Association. To the extent required by any law in force, the

Broadcasting/

Associations Regulations shall not unreasonably impair a co-owners

Receiving

installation, maintenance, or use of such devices. However, the

Devices

Association reserves the right to restrict the location, size, appearance,

colour, screening, and any other reasonable elements the Association
deems appropriate.

Landscaping and
site works

58.

Hedges planted along the boundary lines must be

maintained at the height not exceeding______________meters;

shrubs growing over __________meters; trees growing
over_______meters. All gardens, lawns and flower beds must be
maintained in an aesthetically pleasant manner
(2) Safety and spot lighting shall not be localized, unless
approved by the Management Committee.
(3) Ponds and fountains must be maintained in a sanitary
manner.

PART VII
DISPOSITION

Disposition

59. Disposition of a Unit, Unit Property or Common Property

shall include but not limited to sale, mortgage, inheritance and lease.

58

60. Procedures for sale of any unit property shall be as

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

as a Mortgagor) shall notify the Association of the name and address

of the mortgagee (referenced in this Part as a Mortgagee), and the
Association will maintain such information.
62. Mortgagee shall have right as provided under section 34 of

Rights of
Mortgagees

the Act.
63 If a co-owner dies and under the applicable law the co-

Inheritance

owners unit or any interest therein is subject to a probate proceeding,

then during a period of three months after appointment of a personal
representative of the deceased co-owner, the Association shall have the
first right, at its option if the unit is offered for sale, to purchase the
Unit either from the devisee named in the deceased co-owners will, if
any, or from the appointed personal representative of such deceased
co-owner who is empowered or authorized to sell the Unit.
64.-(1) The owner of a unit shall, within seven days after a

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

65.-(1) Any dispute, claim, or grievance arising out of or

relating to the interpretation or application of the unit documents or
arising out of disputes among or between co-owners or developers,
shall be submitted to mediation in written notice to the Association.

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

Association shall be indemnified by the Association against all expenses

Committee

and liabilities, including actual and reasonable attorney fees and

Members.

amount paid in settlement incurred by or imposed upon him or her in

connection with any threatened, pending or completed action, suit or
proceeding, whether civil, criminal, administrative, or investigative and
whether formal or informal, to which he or she may be a party or in
which he or she may become involved by reason of his or her being or
having been a member of the Association, whether or not he or she
was a member at the time such expenses were incurred, except as
otherwise prohibited by law.
(2) The foregoing right of indemnification shall be in addition to
and not exclusive of all other rights to which a Committee Member or
officer may be entitled.
67.-(1) The Association may amend these By-Laws at any time,

Amendments

as long as it is consistent with the design, scheme and purposes of

these By-laws, by the vote or written agreement of the co-owners to
whom not less that seventy-five percent of all of the votes in the
Association accept the amendment.
(2) No such agreement to amend, in whole or in part, shall be
effective unless written notice of the proposed amendment is sent to
every Member at least thirty five days in advance of any action taken,
and
(3) No such amendment shall be effective with respect to any

60

permanent easements or other permanent rights or interests relating to

the Common property unless such amendment is consented to in
writing by Management Committee and all other beneficiaries of such
permanent easements, rights of interests
(4) No amendment of these By-laws shall be effective unless
registered by Registrar.

Taxes, rates,

68. Every co-owner of a unit shall be liable for any rate, charge

charges and

or tax levied by a relevant authority in relation to each respective unit

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

69.-(1) All provisions of the unit plan, these By-laws, including

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.

occupants, family members, guests, invitees, agents or tenants of any

co-owner or individual Unit.
(2) Each co-owner shall cause all occupants, family members,
guests, invitees, agents or tenants of the co-owner to comply with the
Unit Plan, the By-laws and any rules or policies adopted by the
association and he shall be responsible for all violations and losses to
the common property or individual unit caused by such occupants,
family members, guests, invitees, agents or tenants, notwithstanding
the fact that such occupants, family members, guests, invitees, agents
or tenants may be individually liable for any violations of the unit plan,
By-laws or any other unit documents.

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.

In this Constitution, 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 the By-laws of the . Unit Association,
organized to administer, operate, manage, and maintain the Unit
Property;
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;
Certificate of unit title means a certificate issued under Regulation 6;
co-owner means the person, firm, Association, corporation,
partnership, association, trust, or other legal entity or any combination
of such entities who or which own a unit in the unit property and the
term co-owner, wherever used, is synonymous with the term owner;
developer means a person engaged in the business of developing a
unit property as provided for in the Act, and includes its successors and
assignees who have signed, delivered, and registered the unit plan and
other unit documents;
general common property means those common areas that are for the
use and enjoyment of all co-owners of the Unit Property, as described
more fully in the Unit plan;
Managing Agent means a person referred to under section 49 of the
Act;
member means a co-owner who is entitled to ownership of an
individual Unit to become a member of the Association. The term
Member, wherever used, is synonymous with the terms owner and coowner;
restricted common property means those common areas that are
reserved for the exclusive use of a co-owner or any other person so
allowed by the Management Committee of a specific unit or units, as
described more fully in the unit plan;
Regulations means the Regulations made under the Act;
register of units means a register kept under Regulation 3(1);

63

Registrar means Registrar appointed under section 4 of the Land

Registration Act, Cap 334;
transitional control date means the date on which the Management
Committee for the Association takes office pursuant to an election in
which the votes that may be cast by eligible co-owners unaffiliated with
the developer exceed the votes which may be cast by the developer;
unit documents means the Unit Plan including all exhibits, the
Constitution of the Association, the By-laws of the Association and the
rules adopted by the Management Committee of the Association, and
any other document that affects the rights and obligations of a co-owner
in the unit property;
Unit Property or Property means the land described in the unit plan,
as the same may be amended, together with all structures,
improvements, easements, rights, and appurtenances located on or
belonging to such property;
Unit means that portion of the unit Property that is designed and
intended for separate ownership and use by an owner, as described in
the unit plan;
Unit Plan means the document, together with the exhibits attached to
it and all amendments that may be adopted in the future, by which the
Unit Property is being submitted and registered for unit ownership under
the Act;
unit factor means the unit entitlement of a unit plan and indicated the
share of an owner in the common property, common facilities and other
assets of the Association and is the figure which determines the owners
contribution to the common expenses of the Association and may be
determined in accordance with the by-laws of the Association using such
variables as the size of the unit, location of the unit and the view which
the unit commands.
unit property types means the type of unit property as defined in the
Act which includes high rise structures or in rows or terraces, or in
buildings in a cluster form and the like structures and the user thereof as
more particularly described in the Urban Act 2007 use classes;
Name and
office of the

3. The association shall be called .. and shall be constituted

from DATE (hereinafter referred to as the Association). The headquarter

64

association

office shall be located atin Tanzania.

Official
language
Status

4. The official languages of the Association shall be Kiswahili and

English
5.-(1) The Association shall be a non governmental, non profit,
non-partisan and non religious voluntary organization devoted to
carrying out the aims and objectives specified in Article 6 of this
constitution.
(2) The association may be affiliated to bodies with similar
interests and objectives.

Aims and
objectives

6.-(1) The . Association shall exist primarily as a forum for

home owners and tenants residing on Plot No.registered under
Unit Plan No.. by providing them with guidance, assistance on
matters related to common areas and their units.
(2)

The objectives of the Association shall be:

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

to distribute in specie the assets and property of the Association

amongst its members;
to employ or engage professionals to undertake in the management of
the .. Association or do any other act pursuant to and in consonant
with and in defense of these objects; and
to do all such other things as may be deemed incidental or conducive to
the attainment of the Association's objects or any of them;
Membership

7. Subject to the payment of annual subscriptions, as determined

by the Management Committee and approved at each Annual General
Meeting, ordinary membership shall be open to anyone interested in
furthering the aims and objectives of the Association.
(2) Associate membership shall be open to local businesses and
it entitles the bearer to participate in all activities and general assemblies
of the Association, but excludes voting rights.

Management

8.-(1) The Management Committee shall be elected at the Annual

General Meeting and shall comprise of a Chairman, Vice Chairman,
Treasurer and Secretary, plus two other committee members.
(2) If the post of any officer or other committee member falls
vacant after such an election, the Management Committee shall have the
power to co-opt up to two members.
(3) The Management Committee shall comprise of ordinary
members of the Association only. Representatives of Associate Members
shall not be entitled to serve on the Committee.
(4) The Management Committee shall meet as often as required
to make and execute such decisions as are necessary in implementing
the aims and objectives of the Association.
(5) The Management Committee shall report all its activities to
the Annual General Meeting and shall be accountable to the same.

Rules of

9. (1) The Annual General Meeting of the Association shall:

procedure at

be held Annually, not more than fifteen months;

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

10.-(1) Excluding associate members, each member shall have

one vote, which may be given in person or by proxy appointed in writing.
(2) With the exception of changes to the Constitution, decisions
put to the vote shall be resolved by a simple majority of the ordinary
members at General Meetings.
(3) The Chairman shall have a casting vote in cases of equality.

Quorum.

11.-(1) The quorum at General Meetings shall be the presence, or

presentation by proxy, of at least one fifth of all ordinary members of the
Association.
(2) In case of Committee Meetings, the quorum shall be four.

Changes to
the

12.-(1) Any change to the Constitution shall require a two-thirds

majority of all those present and eligible to vote at a General Meeting.

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

13.-(1) Member shall pay an annual subscription to the

Association by the 15th April of each year or as may be determined by
majority vote at the Annual General Meeting.
(2) All money raised on behalf of the Association shall be paid
into a deposit account or current account at.BANK., or such other
bank as shall from time to time be substituted by the Management
Committee.
(3) All cheques shall be signed by two of the four nominated
Committee Members.
(4) The Treasurer will be responsible for the preparation of the
annual accounts of the Association which shall be presented by the
Management Committee, after audit, at the Annual General Meeting.
(5) The accounts shall be audited by an independent person.

By-laws

14. The Management Committee shall have the power to publish

and enforce such By-laws as the ordinary membership feels necessary to
govern the activities of the Association.

Dissolution

15. The Association may be dissolved if two-thirds or more of the

Ordinary Members so desire, by their giving three months notice in
writing to the Chairman of the Association. In this event the liabilities of
the Association shall be discharged and the residuary assets distributed
to a recognized charitable body.

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)

GRANT OF AN EASEMENT OR COVENANT OF COMMON PROPERTY BY AN ASSOCIATION

[Under Section 26 (2)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.
The . Association, Registered Under UNIT PLAN
No.....,.. of
.. HEREBY CERTIFY that by
special resolution, properly passed, directed the ASSOCIATION to execute the instruments hereunder
recited: and that all persons having registered interests in the unit property and all other persons having
interests (other than statutory interests) which have been notified to the ASSOCIATION have consented in
writing to the release of those interests in respect of land comprised in the instrument.
Instrument..dated..toof...
the Seal of the Association, registered under Unit Plan Nowas affixed
on20...in the presence of

Members of the Committee

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

for the benefit of

the land over which the Association holds the right of occupancy and recorded in the register of Unit Plans

under Filed Document No. .

Dated at this day of ..

______________________________________________________
Sealed with the Common Seal of Association and dated.
I consent
..
Signature of Lessee/Lender
Fee: .
Endorsement by the Registrar

72

AF 3
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE BY UNIT OWNER OF A LEASE

[Under Section 31 (2)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: . Association, of P.O. Box................................Registered Under the above reference

I/WE.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We have leased the Unit under the above-reference to
. Of P.O. Box for a term of .
commencing from.

Dated at this day of .

Signed .
Served upon us:
..
Signature of Authorized Officer of the Association

73

AF 4
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF TEMINATION OF A LEASE BY UNIT OWNER

[Under Section 31 (3)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: Association, of P.O. Box......................Registered Under the above reference.

I/WE.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We have terminated the lease on the Unit under the abovereference to . of P.O. Box as from..day
of20..

Dated at this day of .

Signed .
Served upon us:

Signature of Authorized Officer of the Association

74

AF 5
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF UNIT OWNERS REPRESENTATIVE AUTHORIZATION.

[Under Section 38 (2)
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: Association, Registered Under the above reference.

I/WE.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We the undersigned, authorize [Name.; Postal
& Physical Address..] as the undersigneds representative to represent
me/us in all Associations meetings and to vote, execute consents, and otherwise represent
me/us in the same manner and with the same effect as if the undersigned were personally
present at any such meeting or voting or personally acting on any matters submitted to the
Association for approval or consent.
The Representative will have the full powers of substitution and revocation. This authority of
representation is revocable at any time, and unless revoked, may be terminated upon notice
to the Association.
Dated at this day of .

Signed .
(UNIT OWNER/ CO-OWNERS)

Served upon us:

__________________________
Signature of Recipient

75

AF 6
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF CHANGE OF AUTHORISATION OF UNIT OWNERS REPRESENTATIVE.

[Under Section 38 (7)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: . Association, of P.O. Box.......................................Registered Under the above reference .

I/WE.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We the undersigned, change the current representative and,
in lieu thereof, substitute him for [Name.; Postal & Physical
Address..] as the undersigneds representative to represent me/us in all
Associations meetings and to vote, execute consents, and otherwise represent me/us in
the same manner and with the same effect as if the undersigned were personally present at
any such meeting or voting or personally acting on any matters submitted to the
Association for approval or consent.
The Representative will have the full power of substitution and revocation. This Authority of
Representation is revocable at any time, and unless revoked, may be terminated upon
notice to the Association.

Dated at this day of .

Signed .
(UNIT OWNER/ CO-OWNERS)

76

Served upon us:

Signature of Authorized Officer of the Association

AF 7
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF CHANGE OF ADDRESS OF UNIT OWNERS OR REPRESENTATIVE.

[Under Section 38 (9);
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: .. Association, of P.O. Box......................Registered Under the above reference.

I/WE.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We the undersigned, have changed the Postal & Physical

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)

Served upon us:

.
Signature of Authorized Officer for the Association

78

AF 8
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF COMPANYS REPRESENTATIVE AUTHORIZATION.

[Under Section 39 (2)
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: . Association, of P.O. Box.................. Registered Under the above reference.

WE, M/S..Co. of P.O.., Owner/Co-Owners of UNIT
NoHEREBY NOTIFY the Association that we the undersigned, authorize
[Name.; Postal & Physical Address..] as the undersigneds
representative to represent us in all Associations meetings and to vote, execute consents,
and otherwise represent us in the same manner and with the same effect as if the
undersigned were present at any such meeting or voting or acting on any matters
submitted to the Association for approval or consent.
The Representative will have the full powers of substitution and revocation. This Authority of
Representation is revocable at any time, and unless revoked, may be terminated upon
notice by us to the Association.
Dated at this day of .
Sealed with the common seal of the said .................................
................................... and delivered in the presence of us this
......................... day of .................................
(Signatures) ...............................................................................
(Postal Addresses) ....................................................................

79

(Qualifications) ...........................................................................
(UNIT OWNER/ CO-OWNERS)
Served upon us:

Signature of the Authorized Representative of the Association

80

AF 9
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF CHANGE OF AUTHORISATION OF COMPANYS REPRESENTATIVE.

[Under Section 39 (6)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

TO: .. Association, P.O. Box......................, registered under the above reference.

WE, M/S.. of P.O.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that we, the undersigned, change the current representative and, in
lieu thereof, substitute him for [Name.; Postal & Physical
Address..] as the undersigneds representative to represent us in all
Associations meetings and to vote, execute consents, and otherwise represent us in the
same manner and with the same effect as if the undersigned were present at any such
meeting or voting or acting on any matters submitted to the Association for approval or
consent.
The Representative will have the full powers of substitution and revocation. This Authority of
Representation is revocable at any time, and unless revoked, may be terminated upon
notice to the Association.

Dated at this day of .

Sealed with the common seal of the said .................................
................................... and delivered in the presence of us this
......................... day of .................................

81

(Signatures) ...............................................................................
(Postal Addresses) ....................................................................
(Qualifications) ...........................................................................
(UNIT OWNER/ CO-OWNERS)
Served upon us:
...
Signature of Authorized Officer of the Association

82

AF 10

THE UNITED REPUBLIC OF TANZANIA

THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF CHANGE OF ADDRESS OF COMPANYS REPRESENTATIVE.

[Under Section 39 (7)]

UNIT TITLE NO.

UNIT PLAN NO.
ASSOCIATION NO.

TO: .. Association, of P.O. Box................................Registered Under the above reference.

I.. of P.O.., duly authorized representative of Owner/Co-Owners
of UNIT NoHEREBY NOTIFY the Association that I the undersigned, have changed the
Postal & Physical Address for 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)

83

Served upon us:

..
Signature of Authorized Officer for the Association

84

AF 11
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

INSTRUMENT EVIDENCING TRANSACTIONS AFFECTING COMMON PROPERTY

[Under Section 42 (1)]
UNIT TITLE NO.
UNIT PLAN NO.
ASSOCIATION NO.

To: The Registrar of Titles

The Association, P.O. Box.., Registered Under the above
reference HEREBY CERTIFY thatThe owners have, by unanimous resolution, properly passed, directed the Association to
execute the certificate of approval* with regard to instruments hereunder recited: and
All persons having registered interests in the Plot and all other persons having interests
(other than statutory interests) which have been notified to the Association have consented
in writing to the release of those interests in respect of land comprised in the instruments+
and the instrument conforms with the terms of that resolution
+Instrument..dated..toof...
the Seal of the Association , Unit Plan Nowas affixed on/...
in the presence of

Members of the Governing Committee

+If in the case of a lease, interested parties have approved in writing of the execution of
the lease but have not consented in writing to the release of their interests in respect of the
demised land, delete the words, have consented in writing to the release of those interests
in respect of the land comprised in the instrument and substitute the word have approved
in writing of the instrument.

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)

NOTICE BY A CHARGEE TO THE ASSOCIATION

Made under section 44(3)

UNIT TITLE NO.

UNIT PLAN NO.
ASSOCIATION NO.
To: The Registrar of Titles

I/WE, of P.O. Box.................................. REGISTERED CHARGEE on the Filed

Document No...................... hereby consent to the transfer of part or whole of the Common Property under
the above reference subject to the following:

...
CHARGEE
Date:

87

88

AF 13
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE BY A CHARGEE TO THE ASSOCIATION

[Under Section 44(3)
UNIT TITLE NO. .
UNIT PLAN NO.
ASSOCIATION NO. .

To: The Association, of P.O. Box..........................., Registered Under the above reference.

I/WE (Chargee).......................... of P.O. Box. HEREBY GIVE

NOTICE that the Certificate of Unit Title registered under the above reference has been
charged in my/our favour with the intention of creating a lien thereover and Registered as
Filed Document No, dated.
.
Dated this ......................... day of ......................... 20........

.................................................
Signature of the Chargee

Served upon us:

..
Signature of Authorized Officer for the Association

89

AF 14
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF ASSOCIATIONS MEETINGS TO CHARGEE

(Under Section 44(5)

UNIT TITLE NO.

UNIT PLAN NO.
ASSOCIATION NO.

TO: ...............................of.......................... (Chargee)

FROM: The .. Association, of P.O. Box.registered under the above
reference.
NOTICE IS HEREBY GIVEN that there shall be an Association Meeting on ..,
At.(Venue)., commencing at.
The AGENDA for the Meeting shall be as follows:
.
..
...
Dated at this day of .

Signed .
Signature of Authorized Officer for the Association

Served upon us:

90

[UNIT OWNER, UNIT OWNER REPRESENTATIVE, CHARGEE, ETC.]

91

AF 14A
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF ASSOCIATIONS MEETINGS TO MEMBERS

UNIT TITLE NO.

UNIT PLAN NO.
ASSOCIATION NO.

TO: ...............................of.......................... (UNIT OWNER/ OWNER REPRESENTATIVE)

FROM: The Association, of P.O. Box.registered under the
above reference.
NOTICE IS HEREBY GIVEN that there shall be an Association Meeting on ..,
At.(Venue)., commencing at.
The AGENDA for the Meeting shall be as follows:
.
..
...
Dated at this day of .

Signed .
Signature of Authorized Officer for the Association

Served upon us:

92

[UNIT OWNER, UNIT OWNER REPRESENTATIVE, CHARGEE, ETC.]

93

AF 15
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF APPOINTMENT OR CESSATION OF MEMBERSHIP IN MANAGEMENT COMMITTEE*

[Under Section 47 (2)]

UNIT TITLE NO.

UNIT PLAN No..................
ASSOCIATION NO...............

TO: REGISTRAR OF TITLES

FROM: The Association, of P.O. Box, registered under the above
reference.
NOTICE IS HEREBY GIVEN that.of.., of UNIT
NO., has been ceased to be a Member of the Management Committee of the
Association as fromday of..20.
Dated at this day of .
Signed .
Signature of Authorized Officer for the Association
Served upon us:

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.

TO: Association, Registered Under the above reference.

I/WE.. of P.O Box.., Owner/Co-Owners of UNIT NoHEREBY
NOTIFY the Association that I/We the undersigned, authorize [Name.; Postal
& Physical Address..] as the undersigneds PROXY to represent me/us in
the Associations meeting datedof..20.., and to vote, execute consents, and
otherwise represent me/us in the same manner and with the same effect as if the
undersigned were personally present at any such meeting or voting or personally acting on
any matters submitted to the Association for approval or consent.
During the pendency of this proxy, all rights to vote shall be held by the Proxy-Holder and shall not be voted by the
undersigned, provided the undersigned may revoke this proxy at any time.

Dated at this day of .

Signed .
(UNIT OWNER/ CO-OWNERS)

Served upon us:

.
Signature of the Authorized Representative of the Association

95

AF 16
THE UNITED REPUBLIC OF TANZANIA
THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

NOTICE OF AMENDMENT OR REVOCATION OF BY-LAWS OF ASSOCIATION

[Under Section 50 (3)]
UNIT TITLE NO.
UNIT PLAN No..........................
ASSOCIATION NO...............

TO: REGISTRAR OF TITLES

FROM: The . Association, of P.O. Box., registered under the above
reference.
NOTICE IS HEREBY GIVEN that the Association has by unanimous resolution passed on
the..day.20.., has resolved to amend/revoke the By-Laws as appearing
hereunder:
...
.
..
AND HEREBY the Association attaches the Amended Version of the By-Laws.
Dated at this day of .
The Seal of the ABC Association was affixed on/...
in the presence of

Members of the Governing Committee

SEAL
96

Served upon us:

THE REGISTRAR

97

THE UNITED REPUBLIC OF TANZANIA

THE UNIT TITLES ACT, 2008
(NO. 16 OF 2008)

ASSOCIATION REGISTER
[Under Section 51]
AF - 17
SECTION A. UNIT PLAN & ASSOCIATION PARTICULARS (ABSTRACT)
UNIT PLAN ABSTRACT

ASSOCIATION PARTICULARS ABSTRACT

Numbers of Units ..

Name & Address of

Registration No. & Date

Association: .

Approximate Unit Floor

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

COMMITTEE & CHANGE

OF MANAGING AGENT
FD

NAME &

DATE OF

No.

ADDRESS

APPOINTMENT

FD NO.

DATE &
PARTICULARS

& CESSATION

99

100

SECTION B. UNIT DETAILS

REGISTRATION DETAIL

2. PROPERTY SECTION

Unit No & No. of shares in Common

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

SECTION C: EASEMENTS & DEALINGS OVER COMMON PROPERTY

EASEMENTS
FD.
NO

DATE

DEALINGS OVER COMMON PROPERTY

NAME OF

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)

NOTICE OF UNIT OWNER TO THE ASSOCIATION PROVIDING INFORMATION FOR INCLUSION

IN THE ASSOCIATION REGISTER
[Under Section 52 (1)]

UNIT TITLE NO.

UNIT PLAN No..................
ASSOCIATION NO...............

TO: The .. Association, of P.O. Box., Registered Under the above

reference
NOTICE IS HEREBY GIVEN by I/We.of.., of
UNIT NO., that an event specified under Section 52 (1) of the Act has occurred in
relation to the Unit herein, namely:
Transfer of a Lease to..
Registered Instrument of ownership of the Unit
Change of Name and Address
Change of Occupancy of the Unit
Vacancy in Occupancy of the Unit expected to be longer than 30 days.
Dated at this day of .
Signed .
Served upon us:
.
Signature of Authorized Officer for the Association

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)

NOTICE OF A PERSON OTHER THAN A UNIT OWNER TO THE ASSOCIATION PROVIDING

INFORMATION FOR INCLUSION IN THE ASSOCATION'S REGISTER
[Under Section 52 (3)]

UNIT TITLE NO.

UNIT PLAN No..................
ASSOCIATION NO...............

TO: The Association, P.O. Box.., Registered Under the above

reference
NOTICE IS HEREBY GIVEN that I/We.of.., an
event specified under Section 52 (3) of the Act has occurred in relation to the Unit herein,
namely:
Transfer of An interest in the Lease of the Unit or Common Area.
An interest in the Unit or Common Property has been acquired and is duly registered.
An interest, other than registered interest, in the Unit or Common Property has been
acquired.
Change of Name and Address has occurred.
Change in the nature or cessation of interest in the Unit or Common Property has occurred.
Vacancy in Occupancy of the Unit expected to be longer than 30 days.
Dated at this day of .
Signed .
Served upon us:
.
Signature of Authorized Officer for the Association

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)

REQUEST FOR ACCESS TO THE ASSOCIATIONS REGISTER

[Under Section 53 (1)]
(To be filled in Duplicate)

UNIT TITLE NO.

UNIT PLAN No..................
ASSOCIATION NO...............

TO: The Association, of P.O. Box.., Registered under the above

reference.
Unit Title Number (if known)..
Name of Unit Owner (if Unit Title Number is not known)
We/I the below named hereby request you to search the associations register in respect of
the property registered under the above reference and to advise us of the subsisting
entries.
Name of applicant:
P.O.Box:.
Telephone:..
Email:.
Signature
Date ...
Search Number: ...
Served upon us:
.
Signature of Authorized Officer for the Association
*Information to given free of charge within 14 days .

107

108

________
SEVENTEENTH SCHEDULE
_______
(Made under Regulation 15 (1) (a)
SALE AGREEMENT
UNIT TITLE. No.
PLAN. No
ASSOCIATION No

I /We,.of P.O. Box..

OWNER/s of Unit Title with above reference HEREBY AGREE to dispose to
..of P.O. Box.the right of occupancy registered
under the above reference:
1. Consideration.
2. Mode of payment of consideration
3. Date of execution of the deed of disposition..
4. Date of delivery of possession of the property and necessary documentation

5. Covenants binding upon the vendor/transferor...

.
6. Covenants binding upon the purchaser/transferee..
.
Dated at.thisday of.20
Signed and delivered by the said
..
Who is known to me personally/
Identified to me by

109

(signature).

(Postal Address).

Vendor

(Qualification)

Dated at.this .day of 20..

Signed and delivered by the said

Who is known to me personally/

Identified to me by..
(signature)

..

(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*

The Owner, Unit Plan NoPlot No.Block No..Location..hereby certify that

by unanimous resolution, properly passed, directed the corporation to execute the
instruments hereunder recited: and that all persons having registered interests in the parcel
and all other persons having interests (other than statutory interests) which have been
notified to the Association have consented in writing to the release of those interests in
respect of land comprised in the instrument.
Instrument..dated..toof...
the Seal of the Association, Owners, Unit Plan Nowas affixed
on20...in the presence of

Members of the Committee

+Insert a 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.

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.

Sealed with he common seal of the .

(Name of Association) in presence of us
This day of..20..
..
Committee member
..
Chairman of the Committee

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/=

plan of amalgamation from 5 to 20 units

b

Upon submission of a unit plan, a unit plan of sub-division or a unit

250,000/=

plan of amalgamation over 20 units

c

Where the unit plan is in phases (phased unit plan), for each extra

75,000/=

phase
2

On application for issue of a certificate of title in respect of a unit

30,000/=

3. a

On lodgement for registration of

10,000/=

Discharge of mortgage, caveat or withdrawal of caveat of/on unit

title.
b

A transfer 0.25% of whichever is greater between consideration and

value

A lease 50% of the payable monthly rent

A mortgage

15,000/=

Any transaction referred to in paragraphs (a) to (d) when not in the

15,000/=

prescribed form
f

Any transaction referred to under subparagraphs (a, b, c, d) of

paragraph where the instrument is lodged in triplicate or
quadruplicate, an additional fee of ,000/=

5. a

On lodgment for entry of a copy of a decree of execution or order of

10,000/=

court b

For removal of a decree of execution or order of court-

10,000/=

On lodgment of any instrument or other document whose purpose is

10,000/=

113

to deal with or more than one certificate of title, for each memorial
or entry after the first one
8. a

On lodgment of rules for management of an association

10,000/=

On lodgment of an instrument of amendment or revocation of rules

5,000/=

On application for registration of an easement or restrictive covenant

10,000/=

10

Upon filing a notice of termination of Unit status

50,000/=

11

For an application for of change of address

10,000/=

12

For registration of a legal personal representative

5,000/=

13

For certificate of documents, per page

5,000/=

14

For a lost certificate of title

15,000/=

15

Any other matter not otherwise prescribed in this schedule.

10,000/=

Dar es Salaam,
.... ., 2009

JOHN Z. CHILIGATI
Minister for Lands, Housing and Human
Settlements Development

114