Wednesday, February 12, 2025

Frequently Asked Questions: In Sectional Properties, is security deposit different from the service charge ?

 Yes, under sectional properties, a "security deposit" is typically considered a separate charge from a "service charge," with the security deposit acting as a refundable upfront payment to cover potential damages, while the service charge is an ongoing fee used to maintain and operate shared common areas within the development.

Key points to remember:

Security Deposit:

  • Paid upfront by the unit owner when they move in.
  • Usually refundable when the unit is vacated, provided no damage is found.
  • Intended to safeguard the property owner against potential damage caused by the tenant.

Service Charge:

  • Regular monthly or annual fee paid by all unit owners.
  • Covers costs associated with maintaining common areas like landscaping, building maintenance, security services, utilities for shared spaces, etc.
  • The amount of the service charge is usually calculated based on the unit's share of the overall property value.

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Gifts vs Transfers Without Consideration Under Kenyan Law: Key Distinctions and Legal Implications

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