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Maltese Laws |
CONDOMINIUM ACT
To regulate Condominiums.
1st July, 2001
ACT XXIX of 1997, as amended by Acts XVI of 2001 and IX of 2004; and
Legal Notices 181 of 2006 and 425 of 2007.
2. (1) Condominium is a building or group of buildings where the ownership or the use or the enjoyment of the common parts
thereof is vested pro indiviso in two or more persons and the ownership of the various separate units in the building or group of buildings is vested pro diviso in the same two or more persons:
Provided that two or more tenements one or more of which overlies another and where there only exists a number of servitudes of the
ten e ments o v er each oth e r, and only the drain s , o r th e drainage system or other piped or cabled services are owned in
common, or where two or more tenements only have a common outer staircase or common outer landings, shall not be considered a condominium.
(2) For the purposes of this Act, a condominus means the owner of a separate unit and includes the emphy teuta or the
usufructuary of such unit.
Short title. Amended by: XVI. 2001.2.
Definition of condominium. Amended by: XVI. 2001.3.
4. The provisions of Title V of Part I of BOOK SECOND of the Civil Code shall not apply to property held pro indiviso in the common parts of the condominium.
(a) the land on which the condominium is constructed, the foundations, the external walls, including the common dividing walls with neighbouring tenements, the roofs, the shafts, the stairs, the entrance doors, the lobbies, corridors, the stairwells, the courtyards, the gardens, the airspace above the whole property and in general, all the other parts of the property which are intended for the common use;
Parties may not make arrangements contrary to certain provisions.
Non-applicability of certain provisions of the Civil Code.
Cap. 16.
Common parts of a condominium.
(b) the parts used as a reception and as a common washroom and the parts used as a porter ’s lodge, for the central
heating equipment, and for all other facilities intended for the common use; and
(c) lifts, wells, cisterns, aqueducts, sewers, drainage pipes, all installations for water, gas, electricity,
heating and similar services up to where the said installations branch off to the exclusive property of each condominus,
and works, installations and objects of whatever type intended for the common use or benefit.
Rights of condomini.
(2) A condominus cannot renounce to his rights in the common parts.
(3) A condominus cannot dispose of his rights in the common parts separately from his rights in the parts held separately pro diviso; nor may he dispose of his rights in the parts held separately pro diviso separately from his rights in the common parts.
Indivisibility of common parts.
Alterations. Amended by: XVI. 2001.4.
(2) Without prejudice to the generality of the preceding su ba rt ic le, th e fo l l o w i n g sh al l be d eem ed
t o be al te ra ti on s o r innovations:
(a) the widening of the entrance door; (b) the installation of a lift;
(c) the installation of a hall-porter system;
(d) the conversion of a yard into a garden or into an internal parking space.
(3) Without prejudice to the provisions of subarticles (5) and (7), the following alterations or innovations to the common parts
shall not take effect unless with the unanimous consent of all the condomini:
(a) those which change the aesthetics and decor of the condominium; or
(b) those which seriously affect the use or enjoyment of any common part by any of the condomini; or
(c) those which may prejudice the stability or the security of the building.
(4) Where the airspace over a condominium is owned by one owner separately from the other condomini, he may if he builds over that
airspace, extend the comm on parts, at his expense, to serve also the separate units constructed by him on the airspace, and his
share of the expenses relating to the common parts shall, unless it is otherwise agreed, be redistributed between the owners according
to the proportion that the new units are of all the separate units in the condominium.
(5) A condominus may at his own expense install or erect any necessary fac ili ty whi c h m i t i g a tes or el im inat es pr ob
lem s of mobility provided that these do not cause any serious prejudice, after such erec tion or installation, to th e other condomin
i. The p r ovisions of articl e 9 shall apply, mut a tis mutan d is , to the expenses incurred in such installation or facility.
(6) Where in a condominium, one or more separate units is owner occupied and one or more separate units is occupied by a tenant,
the tenant occupying the separate unit, or his representative, shall be entitled to be present during the meeting of the condomini
and express his opinion on any matter effecting the enjoyment of, or alteration to, the common parts. Only one tenant per unit shall
attend and intervene during th e meeting, provided that such attendance shall not in any way, imply that the tenant is entitled to
vote.
(7) Where a tenant occupying the separate unit as his ordinary residence, unless he is a tenant in Government property as referred
to in article 31(6), wishes to install or erect, at his own expense, any facility as is referred to in subarticle (5), but either
the owner, or the meeting of the condomini, refuses the relative consent, the tenant may refer the matter to arbitration, and where
the arbitrator finds that such installation or erection does not conflict with the works described in subarticle (3), it shall be
carried out.
(8) The tenant may also contribute to the costs incurred for the execution and preservation of alterati ons or innovati ons to
the common parts, in terms of article 9(3).
(9) When the installation or erection is carried out at the tena nt’s expense, or whe r e the ten a nt con t rib u tes
to th e co st s mentioned in subarticle (8), even in those cases where such work serves to enhance the value of the unit, the conditions
of the lease may not be changed, provided that the owner of the separate unit o c cu pi ed by t h e said ten a n t cann ot be forced
to reimb urse t h e tenant even when the said lease is terminated.
(10) The tenant referred to in the previous subarticles to this article cannot renounce to his rights.
(2) The provisions of subarticle (1) shall only apply to alterations or innovations which, having regard to the particular condition and the prestige of the condominium are decorative or where their costs are excessively onerous.
Excessively onerous costs or decorative alterations. Amended by: XVI. 2001.5.
(3) In the case mentioned in subarticle (1), such condomini or their particular successors in the relative units may however at
any time participate in the benefits brought about by the alterations or innovations to the com mon parts if they contribute to the
costs incurred for the execution and preservation of the said works. Such contribution shall be equivalent to what such condomini
would have paid for the execution and preservation of the said works had they decided to benefit from the alterations or innovations
when th ese were or ig in al ly m a d e . S u ch con t ri bu ti on sh all b e pai d , through the administrator, if any, to the other
condomini.In the absenc e of the administrator, pa yment is to be effected in the manner agreed to by the condomini.
(4) If two-thirds of the units represented during a meeting decide to make alterations which are not susceptible of separate
use by each condominus, all the condomini shall contribute to the costs of the said alterations in proportion to th eir shares in
terms of article 6(1).
Damage caused to common parts by works undertaken in the non-common parts.
Apportionment of costs.
Cap. 16.
(2) Where the expenses are made with respect to anything that serves the codomini in an unequal measure, the expenses shall be
apportioned in proportion to the use that each one can make.
(3) Where in a building there are various staircases, yards, roofs or other things destined to serve any one part of the
whole building, the expenses for their maintenance shall be to the charge of that group of condomini that can make use of them.
(4) Unless it is otherwise agreed between them, a condominus shall have a right to demand from the tenant of his separate unit
such part of the expenses referred to in subarticle (1) that relates to maintenance that in accordance with the provisions of the
Civil Code, are at the charge of the tenant.
(5) Any condominus who feels that his share in respect of such expenses is not fair considering the value of his ownership rights
in the condominium may refer the matter to arbitration.
Maintenance and repairs of ceilings.
the cost s incurred for the maintenance and ordinary and
extraordinary repairs of such ceiling shall be borne as to one-half by the condominus of the lower storey and as to the other half
by the condominus of the higher storey.
(2) The condominus of the higher storey shall bear all the costs connected with the laying of the paving of the floor.
(3) The condominus of the lower storey shall bear the costs for the painting and the decoration of the ceiling as well as for any
services above the roof relating to the lower storey.
(4) Where the higher storey or the lower storey forms part of the common parts, the costs referred to in subarticles (2) and (3)
in respect of the storey which is a common part, shall be borne by the administrator on behalf of the condomini.
(2) In the case of a destruction, not being a complete or substantial one, of the condominium, the meeting shall discuss
and decide on the reconstruction of the common parts.
(3) Each condominus shall be bound to reconstruct his unit, and to effect, at all times, any necessary repairs therein to maintain
it in good condition.
(4) The provisions of subarticles (1), (2) and (3) shall apply without prejudice to any right for damages which the condominus,
or the condomini, may have against another condominus or other condomini.
(5) Where all the condomini so agree, the administrator is to insure the condominium in respect of damage and, or destruction.
(6) Each condominus shall have the right to make additional insurance in respect of the part of the condominium held pro diviso by him.
(7) The expenses for the reconstruction and for insurance referred to in subarticle (5) shall be borne by the condomini
in proportion to their shares in the condominium in terms of subarticle (1) of article 6.
(8) Any condominus who feels that his share in respect of the expenses as determined in subarticle (7) is not fair considering
the value of his ownership rights in the condominium may refer the matter to arbitration. Such referral shall be regulated as follows:
(a) such referral shall be made not later than three months from the date when he is informed of the amount of his share;
(b) the administrator and the other condomini shall be
Construction of new structures on the airspace above the condominium.
Total or partial destruction of the condominium. Amended by:
XVI. 2001.6.
made party to the proceedings; and
(c) the arbitrator shall take into consideration principally the value of the ownership rights of the condominus making the referral
as a proportion to the value of the whole condominium.
Appointment and removal of administrator. Amended by:
XVI. 2001.7.
(2) Unless otherwise provided for in his appointment, the administrator shall hold office for a period of two years, provided
that h e shall continue in offi ce until another administrator is appointed in terms of subarticle (1).
(3) Where the administrator intends to resign his office before the expiration of the period mentioned in his appointment, he shall
call a meeting to discuss the appointment of a new administrator. If during such meeting no agreement is reached as to the appointment
of an administrator or such meeting is not held, the administrator may re fer the matter to arb itration in accordance with the provisions,
mutatis mutandis , of subarticle (1), and a new administrator shall be appointed by the arbitrator.
(4) Apart from the case provided for in article 22(7)(a), any one o r mo re of the con domi n i may refer th e mat t er of th e revocation of the appointment of an administrator to arbitration
requesting such revocation on the grounds that the administrator has n o t ren d ered his accounts, on the ground s that t h ere
are reasonable suspicions of serious irregularities on the part of the administrator or on the grounds that there are serious failures
by the administrator in the performance of his duties.
(5) The Land Registrar shall keep a register of all appointments and changes of administrators.
(6) The administrator shall notify the said Land Registrar of his appointment and eventual change within fifteen days from such
appointment or change.
(7) Any condominus may notify the Land Registrar of any appointment, removal or change of the administrator.
(8) The register shall be accessible to any person wishing to see
it.
(9) The fees due to the administrator shall be determined by the
meeting of the condomini.
Functions of the administrator. Amended by: XVI. 2001.8.
(a) to execute the decisions of the meeting of the condomini and to ensure the observance of the rules
regulating the condominium;
(b) to regulate the use of the common parts and the performance of services in the common interest, in such a way
that all the condomini are assured the maximum benefit possible;
(c) to apportion the costs in terms of article 11(1), to collect the contributions from the condomini and, subject
to the approval of the meeting, to set up and maintain a floating fund to which the condomini shall contribute their share;
(d) to perform such acts as are necessary for the preservation and protection of the common parts;
(e) to render accounts to the condomini at such intervals as the meeting shall decide or as may be established in the rules regulating
the condominium;
(f) to claim or receive monies or interest;
(g) where so agreed in accordance with article 14(5), to take the necessary steps to have in force an adequate insurance of the
condominium; and
(h) to perform such other acts which are ancillary or conducive to the proper management of the condominium.
(2) In addition to the register kept in terms of article 22(1), the administrator shall keep registers containing:
(a) the minutes of all the meetings;
(b) a record of the posting of notices sent to the condomini and their representatives; and
(c) a copy of all notices, decisions and directives affixed on the notice board in terms of article 22(5) with the relative dates
of their affixing.
(3) On termination of his appointment, the administrator shall hand over the said registers to the new administrator.
(2) The administrator may be sued with regard to any matter concerning the common parts. He shall also be served with any order
made by any authority on matters which concern the common parts.
(3) If the sworn application, judicial act or order relates to a matter which though related to the condominium goes beyond the
functions of an administrator, the administrator shall be bound to inform without delay the condomini and to convene a meeting to
discuss the matter.
(4) The administrator who does not fulfil such duty shall be responsible in damages.
Representation.
Amended by:
L.N. 181 of 2006.
condominus with regard to litigation.
oppo se any j udicial deman d , any di ssentient cond ominu s may notify his dissent by means of a judicial letter to be served on
the administrator. The judicial letter shall be filed within six days from the date on which the notice of such decision is affixed
in terms of article 22(5).
(2) The dissentient condominus shall have the right to be indemnified against costs incurred or damages suffered as a result
of such litigation.
(3) The dissentient condominus who may have derived a benefit from the litigation which was decided in the condomini’s
favour, shall be bound to contribute to the expenses of the litigation proceedings.
Measures taken by the administrator.
(2) Any condominus may appeal to the meeting against any measure taken by the administrator.
(3) The right granted under subarticle (2) is without prejudice to any right to refer the matter to arbitration.
Costs incurred
by a condominus.
Functions of the meeting.
(a) to appoint or to confirm the administrator and to determine any remuneration that may be due;
(b) to approve the estimates of expenditure to be incurred during the year;
(c) to approve the accounts prepared by the administrator and to determine how any residual assets accruing from the management
of the common parts shall be utilised or invested;
(d) to approve the execution of extraordinary repairs and, if need be, to create a special fund for such repairs.
Procedure concerning general meetings.
Amended by: XVI. 2001.9.
(2) A condominus may indicate to the administrator the name and address of a repr esentati ve who, on being entered into the register
of the condomini mentioned in subarticle (1), shall be the person to whom any notice is to be served by the administrator.
(3) In addition to the provisions of subarticle (5), any notice
which the administrator is bound to give shall be presumed to have been validly given if such notice is sent by registered mail to
the con domi nus, or his rep r esentati ve men tio ned in the p r ecedin g subarticles, at the address shown in the register and
such notice shall, for all intents and purposes of law, be considered to have been served three days after posting if the address
is in Malta and seven days after posting if the address is overseas:
Provided that no notice shall be required in respect of a condominus who does not indicate his postal address or that of his representative
according to th e provisions of the preceding subarticles:
Provided further that the administrator may, instead of sending the said not ice by registered m ail, send it by facsim ile
transmission or by any other electronic means in which case the notice shall be considered to have been served the day after it has
been so transmitted.
(4) No meeting shall be held before the expiry of seven days from the service of the notice in terms of subarticle (3) and from
the affixing of the notice in terms of subarticle (5).
(5) The administrator shall ensure that a notice board is fixed in a prominent common part of the condominium and shall affix on
such board the notices of all meetings, a ll th e d eci sion s t a ken during the said meetings as well as any decision or directive
which he deems to be of su ch im port a n c e that r e q u ires th at they be brought to the notice of the condomini.
(6) The quorum for a meeting shall be a number of condomini representing two-thirds of the units. If within half an hour from the
time appointed for the meeting a quorum is not present, it shall stand adjourned to the same day in the next week at the same time
and place or to such other day and at such other time and place as the administrator may indicate beforehand in the notice convening
t h e meeti ng; an d if at th e adj ourn e d meetin g a q uorum is no t prese n t wit h i n h a lf an ho ur fro m the app
o in ted ti me th e condominus or condomini present or represented in that meeting shall be a quorum.
(7) Decisions which concern -
(a) the removal of the administrator; or
(b) any judicial proceedings the subject-matter of which falls outside the functions of the administrator; or
(c) the undertaking of extraordinary repairs; or
(d) the making of alterations to the common parts mentioned in article 8(1); or
(e) the approval or amendment of the rules mentioned in article 24,
shall be valid if approved by a number of condomini representing not less than two-thirds of the units represented during the meeting.
(8) All other decisions shall be valid if approved by a simple majority of the units represented during the meeting.
binding on all the condomini.
(10) Where a unit is owned by more than one condominus, the condomini owning that unit shall indicate to the administrator the name
and address of the person who shall represent that unit during a meet ing . Such representati ve shall con tin ue to repr esent
th e condom ini j o intly ow ning the same unit until such tim e as the condomini agree to substitute the representative and inform
the administrator accordingly.
(11) In the case of disagreement with regard to the appointment or substitution of a represen tat i ve, any condominus may by ap
pli c atio n requ est the Civil Court , Secon d H a ll , to appoi nt a curator even from among the condomini themselves to represent
all t he condom ini owni ng a p articular uni t in a condom ini um w ith regard to all matters regulated by this Act. The Civil Court,
Second Hall, shall give effect to the opinion of the majority regard being had to the total num ber of condomini unl ess any dissentient
condominus shows to the satisfaction of the court that he has good
ground for his obj ection. The reg i strar shall not ify the administrator of the appointed representative giving the particulars
mentioned in subarticle (10). No appeal shall lie from the decision of the said court.
(12) Without prejudice to the internal relationship of the co- owners of a unit, the representative appointed under subarticles
(10) and (11) shall be responsible towards the administrator for all the obligations of the unit.
(13) A condominus may be represented during a meeting by a pr ox y wh o d u ri n g th e meet in g shal l hav e t h e same r i g h
t s an d o b l i gat i o n s as th e co nd om in us repr esent e d b y hi m. Th e co ndo m i nus shall appoi nt a p r oxy
by means o f a wri tten instrument.
(14) The meeting shall be chaired by the administrator. In his absence, any condomin us as de cided at the beginning of the meeting
shall chair the meeting. The chairman of the meeting shall have, in the case of a tie, a casting vote:
Provided that if the administrator is not a condominus, he shall have no original vote but only a casting vote in the case of a tie.
Impugning the decisions of the meeting.
(2) The reference of a matter to arbitration in accordance with subarticle (1) shall be made by the dissentient condominus within
thirty days from the date the decision of the meeting is notified to him in accordance with the provisions of article 22(3):
Provided that where the first proviso to article 22(3) applies, the period of thirty days shall commence to run from the date
the decision is af fixed on the notice board in terms of
subarticle (5) of the said article 22.
(3) If the arbitrator finds for the dissentient condominus, he may annul or amend the decision.
(2) Each condominus may take the initiative to prepare the rul e s co ncerni ng t h e con dom iniu m or for the revisio
n o f any existing rules, which rules shall be submitted to a meeting of the condomini for their approval in accordance with subarticle
(3).
(3) The rules concerning condominium shall be approved during a m e eting of the con dom ini by the m a jority of the condomini
established in article 22(7) and shall be registered with t h e Lan d Reg i strar by th e admi nistr a to r or, where there is n
o administrator, by the condomini jointly or by a person delegated by them. Any amendments made to such rules shall also be registered
as aforesaid.
(4) The Land Registrar shall retain and register any document whi c h i s req u ired t o b e del i vered to him for th e pu rpo
s e of registration under any of the provisions of this Act.
(5) Any person may -
(a) inspect the documents kept by the Land Registrar; and
(b) require a copy or extract of any document delivered to the Land Registrar.
(6) Where any rules concerning a condominium or amendments made thereto are registered in terms of subarticle (3), the Land Registrar
shall cause without delay a statement to be published in the Government Gazette showing the date at which the registration was made.
(7) Any dissentient condominus may challenge the said rules or part th ereof on the grounds that they are cont rary to law, or
unreaso n ab le, or op pressiv e , an d ma y refer the matter of such challenge to arbitration.
(8) These rules shall in no way decrease the rights of the condomini emanating from the title of ownership and from
any agreement validly entered into, and in no case shall they derogate from the provisions of article 6(3) and of articles 7, 8,
15, 17, 18,
22 and 23.
Regulation of condominium.
Where no rules are made or approved by the meeting.
Arbitration. Amended by: IX. 2004.28. Cap.387.
Special rules governing arbitrations under this Act.
Amended by: XVI. 2001.10.
Licitation. Amended by: IX. 2004.30.
Vexatious arbitrations. Amended by:
L.N. 425 of 2007.
Powers of the
Court.
Cap. 387.
Transitory provisions. Amended by: XVI. 2001.11.
1 4 (1 ), shall , u n less th e cond om ini do not oth e rwi s e agree, be conducted in such rules contained in the Arbitration Act
or made the r eunder. The sale shall, in the abs e nce of specia l rules of
procedure as envisaged in article 26, be regulated by the arbitrator.
22(7)(d) shall apply also to condominia existing before the coming
into force of this Act.
(2) Without prejudice to the provisions of subarticle (1), the p r ov isi o n s o f t h i s Act sh al l ap pl y al so to c o n
d o m in ia ex ist i n g before t h e comi ng int o f o rce of thi s Act as prov ided in th e following subarticles.
(3) Without prejudice to the provisions of subarticles (5) and (6), where in a condominium existing before the coming into force
of the Housing Laws Amendment Act, 1995 and in which one or more of the separate units was before the coming into force of that Act
subject to a lease, the provisions of this Act, other than the provisions referred to in subarticle (1) shall not apply to the
whole condominium for as long as the lease subsists or until the landlord and the tenant or the dominus and the emphyteuta, as the
case may be, do not otherwise agree by a public deed, to be registered in the Public Registry or the Land Registry, as the case may
be, wherein the relationship betw een the landlord and t h e t e nant, or th e dominus and the emphyteuta, as the case may be, are
regulated:
Provided that any agreement regulating the relationship b e tw een th e l a nd lo rd an d ten a nt , or t h e do mi nu
s an d the emphyteuta, as the case may be, entered into after the coming into force of the Housing Laws Amendment Act, 1995 and
before the coming into force of this Act shall continue to have effect even if such agreement was not made by a public deed as aforesaid
and in such a case the provisions of this Act shall apply to the condominium.
(4) For the purpose of subarticles (3) and (5), a lease means a letting or a temporary emphyteusis for a period of twenty one years
or less, but does not include an emphyteusis of twenty one years or less which is extendible to more than twenty one years.
(5) Without prejudice to the provisions of subarticle (6), in the case of condominia existing before the coming into force of this
Act and in which the lease to which the separate units were subject were new lettings or new emphyteusis entered into after the coming
into force of the Housing Laws Amendment Act, 1995 (as defined in the applicable provisions of that Act), the provisions of this
Act shall apply and the obligations and rights of a condominus in this Act shall be incumbent on and shall be exercisable by the
landlord or the emphyteuta, unless it is not otherwise agreed by the landlord and the tenant or the dominus and the emphyteuta, by
a public deed whi c h is to b e regi stered in t h e Pu bl ic Reg i stry or t h e Land Registry as the case may be:
Provided that any agreement regulating the relationship b e tween th e l a nd lord and the tenan t or the dominu s and the emphyteuta,
as the case may be, with respect to the obligations and rights of a condominus, entered into after the coming into force of the Housing
Laws Amendment Act, 1995 and before the coming into force of this Act shall continue to have effect even if such agreement was not
made by a public deed as aforesaid.
(6) The provisions of this Act shall not apply to condominia where any of the separate units are Government property, until the
Minister responsible for housing makes an Order stating that they shall be so applicable, and such an Order may provide for particular
condominia or categories of condominia and also for the relations between the Government as a landlord and the tenants:
Provided that nothing in this subarticle shall be understood as authorising the Minister to make an Order having the effect of amending
any of the provisions of this Act:
Provided further that the Minister responsible for housing may grant permission to erect or install the facilities mentioned in article
8(5) and (7) in blocks of buildings wholly or partially owned by th e Government; and such permission shall not render such building
a condominium.
Power of Minister to make regulations. Amended by:
XVI. 2001.12.
Fees Added by: XVI. 2001.13.
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