Update

Court of Appeal restores developers' power to amend strata by-laws

The Cayman Islands Court of Appeal has recently confirmed that, matters relating to the governance, control and management of a strata corporation registered under the Strata Titles Registration Law (the STRL), are within the powers of the proprietors of the strata corporation through by-laws adopted in accordance with the STRL. As such, where a developer controls all the voting rights of the strata corporation, there is no limit to the power of the developer to adopt by-laws which confer enhanced voting rights at general meetings, and control of the executive committee, provided that such by-laws are adopted by a resolution passed with the requisite majority in accordance with the STRL, and the amended by-laws do not otherwise infringe the STRL.