The Condominium
The Maltese Condominium Act requires that an administrator is appointed for each condominium, in order to represent the interests of all the members of the condominium. A condominium is a block containing at least 4 units or apartments. Further details may be obtained by downloading the law on the website, http://justice.gov.mt or requesting a copy of the Land Registry’s guidance notes on the Condominium Act from the Land Registry itself.
The law imposes specific rights and duties on the adminsitrator, including legal and judicial representation of the block in lawsuits, and the right to reimbursements made in the interests of the block, and the obligation to issue insurance policies covering the block.
The administrator has to be registered with the Land Registry and this will include a requirement to obtain a map issued by the same in order to indicate precisely the location of the block.
The administrator, in the name of the condominium, may opt to register any rules which the condominium is regulated by. However the Condominium Act is rather generic and therefore little is required to regulate it other than the law itself.
The services of administrator are provided by this firm. Charges will depend on the work entailed and the condition of the block. Such services would cover all matters of a general interest in the common part. Any professional legal services provided over and above this will be negotiated separately.
Disclaimer: Note that this site is not a forum for legal advice. If you have a specific query, kindly make an appointment by calling 9985 8000 or sending an email to geraldine@waldonet.net.mt
I live in a block of 4 apartments and next Wednesday we are drawing up the first Residents Association. However the owner of one of the apartments does not want to join the Residents Association, claiming that because he does not live there he does not want to contribute to the expenses of the common parts. Nevertheless when he brings visitors to his flat they all make use of the facilities in common area including the electricity. If we do the RA between the remaining 3 of us, how can we ever insist with the 4th owner to contribute towards the common expenses?
I LIVE IN A BLOCK OF FIVE FLATS AND ONE OF THE TENINTS TOOK OVER THE PLACE BY PUTTING OUT AN OD CANE SOFA I THE ENTRANCE PLUS A WALL TABLE AND PLASTIC PLANTS. Under the stairs she staffed it with old toys and bycicles.She also occupied the stairs landings with stands that she hangs old hand begs and clothes.The meter room is filled with stools that they use when they go to the beach.The top stairs landing is occupied by the Bar-bi Cue furniture.When I complained to clear up all the staff, I received a letter from their Lawyer stating that they have all the right because the purchasing contract states that they have bought ( parti indivis tal commun)
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I LIVE IN A BLOCK OF FIVE FLATS AND ONE OF THE TENANTS TOOK OVER THE PLACE BY PUTTING OUT AN OLD CANE SOFA PLUS A WALL TABLE AND PLASTIC PLANTS IN THE ENTRANCE. Under the stairs she staffed it with old toys, bycicles prams .She also occupied the stair landings with stands that she hangs old hand begs and clothes.The meter room is filled with stools that they use when they go to the beach.The top stairs landing is occupied by the Bar-bi-Cue furniture.When I complained to clear up all the staff, I received a letter from their Lawyer stating that hence they( posses parti indivis mill komun) they have the right to occupy the area.
Can they really occupy all this space, because if the 5 of us do the same we turn the place into a jungle.
Please advise
Thank you
Leli
I would have to see the contract of sale of this person, together with any applicable condominium rules. The law states quite clearly that the common parts are for the benefit of all, and that when you purchase an apartment in a block. It also states that nobody is to encumber the common parts unduly. Hence, if you need me to write a legal letter in reply – which would be your best bet – please send me an email on geraldine@waldonet.net.mt or call me on 99858000.
I live in a block of 6, the stairs which is a common part for all of us need to be painted, all paint is going down and dirty. 5 of the owners agreed but one owner as always said that he is not in a position. (This is the third time he didn’t agreed) although he made the most damage to the wall when one of his water pipe was leaking, after repairing it he didn’t even paint the damage he made.
By the law, can he continue to desagree, because he uses the stairs every day and it’s not fair with us, the other 5, we pay for him every time
I appreciate an a advice.
Thanks alot
Kevin
have you managed with this ?