Part 1Commonhold

Operation of commonhold

37Enforcement and compensation

1

Regulations may make provision (including provision conferring jurisdiction on a court) about the exercise or enforcement of a right or duty imposed or conferred by or by virtue of—

a

a commonhold community statement;

b

the memorandum or articles of a commonhold association;

c

a provision made by or by virtue of this Part.

2

The regulations may, in particular, make provision—

a

requiring compensation to be paid where a right is exercised in specified cases or circumstances;

b

requiring compensation to be paid where a duty is not complied with;

c

enabling recovery of costs where work is carried out for the purpose of enforcing a right or duty;

d

enabling recovery of costs where work is carried out in consequence of the failure to perform a duty;

e

permitting a unit-holder to enforce a duty imposed on another unit-holder, on a commonhold association or on a tenant;

f

permitting a commonhold association to enforce a duty imposed on a unit-holder or a tenant;

g

permitting a tenant to enforce a duty imposed on another tenant, a unit-holder or a commonhold association;

h

permitting the enforcement of terms or conditions to which a right is subject;

i

requiring the use of a specified form of arbitration, mediation or conciliation procedure before legal proceedings may be brought.

3

Provision about compensation made by virtue of this section shall include—

a

provision (which may include provision conferring jurisdiction on a court) for determining the amount of compensation;

b

provision for the payment of interest in the case of late payment.

4

Regulations under this section shall be subject to any provision included in a commonhold community statement in accordance with regulations made by virtue of section 32(5)(b).