(a) shall be a body corporate;

(b) shall have a constitution which—

(i) has as its object the control over and the maintenance of buildings, services and amenities arising from the subdivision concerned;

(ii) provides for the implementation of the provisions of paragraph (c), and

(iii) has been approved by the council concerned in order to ensure that the provisions of subparagraphs (i) and (ii) are being complied with, and

(c) shall have as its members the owners of land units arising from the subdivision concerned, who shall be jointly liable for expenditure incurred in connection with the association.

(3) A home owners’ association which came into being by virtue of a condition imposed under the Townships Ordinance, 1934 (Ordinance 33 of 1934), and which exists at the commencement of this Ordinance, shall be deemed to be a home owners’ association which came into being by virtue of the provisions of subsection (1) of this section. (4) (a) If a home owners’ association referred to in subsection (2) or (3) fails to meet any obligation resting on it by virtue of the provisions of subsection (2) (b) (i) or (c) and the community concerned is in the opinion of the council concerned adversely affected by such failure, the said council may take all steps required to rectify that failure, and recover from the owners referred to in subsection (2) (c) the amount of any expenditure incurred by it in relation to such steps. (b) Amounts so recovered shall for the purposes of subsection (2) (c) be deemed to be expenditure incurred in connection with the home owners’ association concerned. 30. Amendment or cancellation of plan of Amendment or cancellation of plan of subdivision.—(1) Either the Administrator or a council, as the case may be, may after an application has been granted under section 25 and after consideration of objections received in consequence of an advertisement in terms of subsection (2) of this section and after consultation with the owner of the land concerned, the Surveyor-General and, in the case of the Administrator, with the local authority concerned, in relation to land units not yet registered by virtue of the granting of that application, amend or partially cancel the plan of the subdivision concerned, including a general plan, or cancel the plan of the subdivision concerned, including a diagram or general plan, provided any public street or public place concerned is closed in terms of the Municipal Ordinance, 1974 (Ordinance 20 of 1974), or the Divisional Councils Ordinance, 1976 (Ordinance 18 of 1976). (2) The director, where the Administrator may act under subsection (1), or the town clerk or secretary, where a council may so act, as the case may be, shall, if he is of the opinion that the amendment or cancellation of a plan of subdivision under subsection (1) adversely affects the interest that any person has in land, advertise the proposed amendment or cancellation of a plan of subdivision, and thereupon the provisions of section 24 (2) (d) (ii) or (4) (b) shall mutatis mutandis apply. (3) The provisions of subsections (1) and (2) shall mutatis mutandis apply to general plans in existence at the commencement of this Ordinance. 31. Registration of and building upon land Registration of and building upon land units.—(1) Before registration by virtue of a subdivision in respect of which an application has been granted under section 25 is effected by the registrar of deeds concerned, the transferor shall furnish proof to the local authority concerned that any condition on which the application for subdivision concerned was granted, has been complied with, and no written authority under section 96 (1) of the Municipal Ordinance, 1974 (Ordinance 20 of 1974), or section 96 (1) of the Divisional Councils Ordinance, 1976 (Ordinance 18 of 1976), shall be issued unless such proof has been furnished.