Commonhold and Leasehold Reform Act 2002

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

Commentary on the Sections: Part 1

Commonhold community statement (CCS)

Section 31: Form and content: general

81. Section 31 sets out at some length the core provisions to be made by the statement.  Subsection (1) makes it clear that, in relation to the commonhold land in question, the statement makes provision both in respect of the commonhold association and the unit-holders.  Subsection (2) requires the statement to be in a form to be prescribed and subsection (3) gives the power for the statement to confer rights or impose duties on both the commonhold association and on unit-holders.  Subsection (3) also confers the power to regulate the taking of decisions in connection with the commonhold land, but subsection (4) makes these powers subject to any provision of Part 1 of the Act and to the memorandum and articles of association of the commonhold association. Subsection (5) lists examples of duties which the statement might impose, and subsection (6) provides that, where there is a duty to pay money, whether under subsection (5) or otherwise, that duty can be extended to the payment of interest if payment is late.  Subsection (7) provides that easements, rights duties privileges etc may be created by the statement with no need for further formalities.  It is often the case that such formalities would otherwise include the preparation and execution of a deed; that will not be necessary in the case of such grants or impositions arising from a statement.  Subsection (8) provides that the statement may not make provision for the loss of any interest in land, to be contingent on any future event.  Subsection (9) provides that any provision written into a statement that is contrary to the regulations governing the prescribed form and content (see section 32), to any provision of Part 1 of the Act or with the memorandum and articles of association of the commonhold association, will be of no effect.