Commonhold and Leasehold Reform Act 2002

40 Rectification of documents E+W

(1) A unit-holder may apply to the court for a declaration that—

(a) the [F1 articles of association] of the relevant commonhold association do not comply with regulations under paragraph 2(1) of Schedule 3;

(b) the relevant commonhold community statement does not comply with a requirement imposed by or by virtue of this Part.

(2) On granting a declaration under this section the court may make any order which appears to it to be appropriate.

(3) An order under subsection (2) may, in particular—

(a) require a director or other specified officer of a commonhold association to take steps to alter or amend a document;

(b) require a director or other specified officer of a commonhold association to take specified steps;

(c) make an award of compensation (whether or not contingent upon the occurrence or non-occurrence of a specified event) to be paid by the commonhold association to a specified person;

(d) make provision for land to cease to be commonhold land.

(4) An application under subsection (1) must be made—

(a) within the period of three months beginning with the day on which the applicant became a unit-holder,

(b) within three months of the commencement of the alleged failure to comply, or

(c) with the permission of the court.

Textual Amendments

F1 Words in s. 40(1)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Sch. 1 para. 194(10) (with art. 10)