Part 1

Commonhold

Operation of commonhold

Enforcement and compensation
37
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).