AN ACT to reg~lute Cond()mini~ms BE IT ENACTED by the President . by and with the advice and consent of the House of Representatives, in this present Parl.iament assembled, and by the authority of the same, as follows: -

I assent.

(LS.)

UGO MI PSUD B ONNlel

President

26th December, 1997

ACT No, XXIX of 1997

AN ACT to reg~lute Cond()mini~ms

BE IT ENACTED by the President . by and with the advice and

consent of the House of Representatives, in this present Parl.iament

assembled, and by the authority of the same, as follows: -

This Act may be cited as the Condominium Act , 1997 and

shall come into force on such date as the Minister responsible for justice

may by notice in the Gazette establish alld different dates may be so

established for different provisiolls and purposes thereof.

(I) Condominium is a building or group of buildings where

the ownership or the use or t he enjoyment of t he common parts thereof

is vested pro indivi!iO in two or more persons and the ownership of the

various separate units in the building or grou p of buildings is vested

pro diviso in the same two or more perso ns

Provided that two or more tenements one or more of which

overlies a llOlher and where there only exists a number of servitudes of

the tenementS over each other,and only the drains are owned in common .

shall not be considered to be a condominium .

(2) For the purposes of this Act, a condominus means the

ownerof a separate unit and includes the emphyteu!a or the usufructuary

of such unit.

The provisions of section 4 .subst..'CIions (2 ) and (3) of section 6, I' .. ,." ""Y'"

,,,,",," "~".''''''''.,

,

sections 7,8 and 10, subsection (2) of section I I • section [5, subsection (2) "or",} I" ,""'""

of section 16.andsecliom 17,18,20,2 1. 22.23.24 and 26 shall be observed ""w i",..,..

in all cases of condominium and any agreement contrary thereto shall be

without effect.

The provisions of Title V of Part [ of BOOK SECOND of the N,.,."I'I'I;. ... I,Hj'y

(>f """ .. "

Civil Cooe shall not apply to property held pro indivi,w in the common "",.,.;"" •. ,0(,1>0

~~~ ~.""

parts of the condominium.

5, Ul1less otherwise resultil1g from the title of the owners of the Co,.,.... .. 1'"'"

separate ul1its. or unless it is otherwise agreed by the condomini by a o(.OOOIdo,,"n;"m

public deed, the common parts of a co ndominium are the following,

even if one or more of the condomini do not make use thereof

(a) the land 011 which the condominium is cOllslructed, the

foulldatiolls, the external walls, illcluding the commOIl dividing

walls with neighbouring tenements, the roofs, the shafts, the stairs,

the entrance doors, the lobbies, corridors, the stairwe lls. 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;

(b) the parts uscdas a reception and as a common washroom

and the pans used as a porter's lodge, for the central heatillg

eq uipment, and for all Other facili ties intended for the cornmon

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 illstallatiolls branch off to theexclusive

property of each condominus, and works, installations and objects

of whatever type intended for the common use or benefit.

Kemm-il darba rna jirrizultax xott'ohra rnit-titolu tas-sidien

taO I-oqsma separati,jew sakemm ma jkunx hcmm qbi l mod iehor bejn

il-condomini b'att pubbliku, il-partijict komuni ta' condominium hurna

daw n Ii geiiin. ukolljekk wiehed jew iijed mill-coruiomini majaghmilx

uzu rnlnnu

(a) I-art Ii fuqha jkun rnibni I-condominium, il-pedamenti ,

il-hitan taO barra, inkluii I-hitan divi iorji komuni mal-fondi la'

biswit, is-soqfa, ix-xaftijiet. it-tarag , il-bibien la' dhul komun i,

intrati, trombi tat -tarag, btieh i, gonna, I-arja Ii tigi fuq il -proprjet.!l

kollha u b'mod generali, kull parti ohm tal-proprjeta Ii ghandha

ghan Ii tintuia b'mod komuni;

(b) il-panijiet Ii jintuzaw bhala intrata u bhala kamra tal -

hasil komuni u I-panijict Ii j intulaw bhala porter's Lodge, ghat-

taghmir ta' central hea,ling. u ghal kull facili lll ohm Ii gha ndha

ghan Ii tintuia b'mod komuni; u

(c) id-dwal, bjar, tankij:et, akwedotti, d rcnaggi, pajpijiet tal-

kaluS! ta' 1-ilma, kull stallau. jon! ghall-ilma, gass, elcttriku, tisllin

u servizzi ohm simili sa fejn dawk I-istallazzjonijiet jaqsmu lejn

il-proprjctll eskluiiva ta' kull condominus, u kull opra, stallazzjoni

u oggett ta' kull ghamla Ii Ikun Ii ghandhom ghan lijintuiaw b'mod

jew ghal beneficcju komuni ,

(I) Unless otherwise resulting from the title, the shares in Righ .. ot

the cornmon part shall be presumed to be divided equally between the condo<nini.

owners oftlle various separate units.

(2) A condominus cannot renounce to his rights in the

common parts.

(3) A condom in us cannot dispose of his rights in the

common parts separately from his rights in Ihe parts held separately pro

diviso; nor may he dispose of his rights in the parts held separately pro

diviso separately rrom his rights ill the common pans.

No ponion of Ihe common rights may be divided or disposed

of without tile consent of all the condomini .

s. ( I) TIte condomini may by the vote of tile majority mentioned

in subsection (7) of section 22 provide for the making of alterations to

or innovations in the COlli man pans which bring about an impro ve ment

or the more comfonable use or the bener enjoyment of the common

pans.

(2) W ilhom prejudice to th(~ generality of the preceding

subsection of this seetion , the following shall be deemed to be alterations

or in novations

the widening of the entrance door;

(a)

(b)

the installation of a lift

(c)

the installation of a hall-poner system;

(d)

the conversion of a yard into a garden or into an internal

parking space.

(3) The follow ing al terations or innovations to tlte common

pans shall not take effect unless with the unanimous consent o f all the

condomini

(a) those which change the aest hetics and deco r of the

condomi ni um ; or

(b) those wh ic h seriously affect the use or enjoyment of

any common pan by any of the condomini; or

(ci those which may prejudice the stability or the ~ecurity

of tile building.

W here the airs pace over a condominium is owned by

(4)

one ow ner separntely from the other condomini, he may if he builds

over that airspace, extend the common pans. at hi s expense. to se rve

also the separate units constructed by him on the airspace, and his share

of the expenses relating to the common pans shall, unless it is other-

wise agreed , be redistributed between the owners according to the pro-

ponion that the new units are of all the sepante units in the condomin-

ium.

E:«""",ly rncrou,

( I ) The cond()mini who do nOt intend to benefit from the

alterations or innovations which are susceptible of separate use by each

co ndominus are exempt from contributing to their costs.

(2) The provisions of subsection (I) of th is section shull

Dilly upply to uiterations or inno\'utions whidl, having regard to the

particular condition an d the prestigc of the condominium are decorative

or where their costs ure excessively oncrous.

(3) In the case mentioned in subsection (I) of this section,

such condomini or their purticulur successors in the relnt ive units may

howeve r at any time participate in the benefits broug ht about by the

alterations or inno vatio ns to the common 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 t he execution and preservation o f the said works had they

decided to benefit fonn the al terations or innovations when these were

originally made . Such contribution shall be paid, through th e

administrator to the other condom ini.

(4) If two-thirds of the units represented during a meeting

decide to make alterations which are not susceptible of se parate use by

each condomin us, all the condomini shall contribute to the costs of the

said alterations in proportion to their shares in tenns of subsection (1)

of section 6.

10, No condominus may execute in his individual property works Dom.,.c.-.J '0

· h

d

h

<;oro'.,""" pa ... by

-

W h IC may caus;e anlage to t e common parts,

W<lfI<> undettoken

in <he oon-<u1M'IOtI

II , ( I) The costs necessary for the preservation, maintenance, APP""'ion""",,

ordi nary and extraordinary repairs. for the enjoyment of the common 0( eo<lS

parts, for the rendering of services in the common interest and for the

alter3lions agreed upon by the condo mini are to be divided between the

condomini in proportion tothe value of the property of each co ndominus,

saving always any contrary agreement.

(2) Where the e~penses are made with respect to anything

thai serves Ihe 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 Ihere are various staircases, yards,

roofs or other things desti ned to serve anyone pan of the whole build-

ing, the expenses for their maintenance shall be 10 the charge of that

group of condomini that can make us;e of them.

(4) Unless il is otherwise agreed between them, a

condominus shall have a right to demand from the te nant of his sepa-

rate unil such part of the expenses referred 10 in subsection (I) of this

seclion that re lates to maintenance that in accordance with the provi-

sions of the Civil Code, are at the charge of Ihe tenant.

(5) Any condominus who feels th:1t his shnre in re speCt of

such expe nses is not fair considering the va lue o f his ow nership rights

in the condominiulll may refer the matTer 10 arbitration.

( I) WllCre a ceiling is a common part und is the ceiling of

a lower storey and the noor of a higher storey of u condominium. the

costs ilJ(;urrcd forthe maintenance and ordinury and extraordinury repairs

of such ceiling shal l 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 condomin us of the higher storey shall bear all the

COSI.'l connected with the laying of the paving of the noor.

(3) The condominu s of the lower storey shall bear the costs

for the painting and the decoration of fhe ceiling as well as fo r any

services above the roof relating 10 the lowe r storey.

(4) Where the higher storey or the lowe r storey fonns part

of the common parts, the costs referred 10 in subsections (2) and (3) in

respect of the storey which is a commo n part, shal l be bome by the

adm inistrator on behal f of the condomi ni.

T he condomi nus who has the exclusive ownership and the

exclusive use of a part or the whole of the air space of the condominium

may construct new structures, provided that he is not restricted from

doing so in tenns of his title of ownership and that such structures do

not cause any damage to the siability of the buildi ng ordo nO( affect the

e njoyment by the other condomini of their rights io the condominium.

(I ) Unless otherwise agreed to by all the condomini or

unless it is otherwise provided in the title. if a condominium iscomplerely

or substantially destroyed, any condomi nus may request the licitation

of the entire condominium.

(2) In the case of a destruction , not bei ng a complete or

substantial one, of the condomini um . the meeting shall discuss and

decide on the reconstruct ion of fhe common parts.

(3) Each condominus shall be bouod to reconstruct his unit,

and to effcct. at all times . any necessary repairs therein to maiotain it in

good condition.

(4) The provisions of subsections ( 1), (2) and (3) of this

section shall apply without prejudice to an y right for damages which

the eo ndominu s, or th e condomini. may have against another

condominus or other condomini.

(5) Each condominus shalt have the ri ght to make additio nal

insurance in respeCi o f the part of the coodominium held pm di~i.w by

him .

(6) The ellpe nses for the reconstruction and for insunlllce

referred to in subsection (2) of this section shall De borne by the

condomini in proponion to their sha res in the coodominium in tenns of

subsoction ( I) of section 6 .

(7) An y condominus who feels that his share in re.~ pecl of

the ellpenses as detennincd in subsect ion (1) of th is section is nOi fair

considering the value of his ownership ri ghts in the condominium may

refer the matter to arbitrat ion. Such refernl l shall De regulated as

follows: -

(a) such referral shall be made nOl later than three months

from the dale when he is infonncd of the amount of his share;

(b) Ihe admi nistrator and the othercondomini shall be made

party to the proceedings; and

(c) lhe arbitrator shall take into consideration principally

the value of the ow nershi p rights of the condominus making the

refelTlll as a proportion to the value of rhe whole condominium.

IS. (\ ) When there are more than three condomini, the meeting A"""",,_ '"'"

of the condomini shall appoint an administrator. If the meeting does ,""""II

Mlminil". ......

not make such an appointment, the matter shall be referred to arbi tration

by oneOr more ofthe coodomini and the administnUorshail be appointed

by the arbitrator. Where there are three or less oo ndomini they shall,

unless they otherwise agree, administer jointly.

(2) Unless otherwise provided for in his appointme nt , the

administrator shall hold o ffice for a period of [WO years , provided that

he shall continue in omce until another adminislf1l.1or is appointed in

tenns of subsection (1) of this section .

(3) Where the administrator intends to resign his office

before the ellpiration of the period mentioned in his appointmen t, he

shall call a mee ting to discuss the appointment of a new administrator.

If during such meeting no agreeme nt is reached as to the appoimment

of an administrator or such meeting is nO! held, the ndministralOr may

refer the manerto arbitration in accordance with the prov isions,mutaris

mutandis, of subscction ( I) of this section, and a new administrator

shall be appointed by the arbitrator.

(4) Apnn from the case provided for in paragraph (a) of

subSC<:tion (7) of section 22, any olle or more of the condomini may

refer tile mailer of the revocation of tile appointmcllI of an administrator

to arbitration requesting such revocation on the grounds that the

administrator has not rendered his accounts, on the grounds that there

are reasonable suspicions of serious irregularities on the pan of the

administrator or on the grounds that there are serious failures by the

administrator in the pcrfomlance of his duties.

The Land Registrar shall keep a register of all

(5)

appointments and charges of administrators.

The administrator shall notify the said Land Registrar

(6)

of his appoimmem and eventual change within fifteen days from such

appointment or change.

Any condominus may notify the Land Registrar of any

(7)

appoimmem. removal or change of the administrator.

The register shall be accessible to any person wishing

(8)

to see it.

(9) The fees due to the administrator shall be detemlined

by the meeting of the condomini.

(I)

The functions of the administrator shall include the

following

(a) to execute the decisions of the meeting of the condomini

and to ensure the observance of the rules regu lating the

condominium;

(b) to regulate the use of the common parts and tbe

perfonnance of services in thc common interest. in such a way

that all the condomini are assured the maximum benefit possible;

(cl to apponion the costs in terms of subsection ( 1) of section

11. 10 collect the contributions from the condomini and, subject to

the approval of the meeting, 10 sel 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 eondomini at such intervals as

the meeting shall decide or as may be established in the rules

regulating the condominium;

to claim or r..:ccivc monies or irlt.;rcst;

(I)

(g) [u lUk e [ he necessary stepS [0 ha ve in force an adequate

insurance of the condomini um: and

(h) to perform such OI li er aelS w hic h are ancillary or

conduci ve 10 the proper man agement of the condom in ium .

(2) In add itio n to the register kepI in term s of subsection

( t) of section 22, the lldmi nistnuor shal t kee p registers containing:-

(a) the minutes of all tOe meetings

(b) a record Ortlle posting of n()(ices sent 10 the condomini

and their represenUlli vc:s; and

(e)

3 copy orall nmices,decisions and directives affixed on

the IImice board in te rms of subsecti on (5) of sectio n 22 wit h the

relative date s of thei r affixing.

(3) O n term ination of hi s appointment , the adminisrralOr

shall hand over the said registers to the new administrator.

(1) In matte rs relating to the common parIS o f the M~"",_

condominium, the administrator has the re presentati on of all the

condomini and has also the judicial and lega l capacity to sue th e

condomini or third panics and [0 be sued.

(2) 111e administrator may be sucd with regard to an y matter

concern ing the common pans. He shall also be served with any order

made by any authority on matter.; which concern the common pans.

(3) If the writ of summons ,j ud icial act or order relates to a

matter which though related to the condom inium goes beyond the

fu nctions of an administrator, the administrator shall be bound to infonn

wi thout delay the condomini and to convene a meeting to discuss the

matter.

(4) The adm inistrator who does nO( fulfil such duty shall

be responsible in damages.

( 1) When the meeting decides to institu te litigati on or to 0;' .... 01 .

oppose any judicial demand, any dissentient condominus may notify ~mi"" " i'"

his dissent by means of a judiciallellerto be served on the administrator. ;;:f,'""';.

The judicial lener shall be filed wilhi n six days form the dale on which

the notice ofsoch dec ision is affixed in lenns of subsection (5) of section

(2) The di ssentient COlldorninus shall h.avc the right 10 be

indemnified again st costs incurred or danmges suffered as a result of

such litigation.

(3) The dissentient condominus who may have derived a

benefit from the litigation which WlS decided in the coooomini's favour.

shall be bound 10 contribute to the cJ\pcnses of the liligat i o~

proceedings.

The measures talcn by the administrator which fall

19. ( I)

within his functions bind all the condomini.

(2)

Any condominus may appeal to the meeting against

any measure taken by the admi nistrator.

(3) The right granted under subsection (2) of thi s secljo~

is without prejudice to any rig ht to refer the matter to arbitration.

20. A condominus who incurs costs without having been

authorised in writing 10 incur those costs by the administralOr o r by

the meeting does not have a right to be reimb ursed for the said costs,

unless they were of an urgen t mit lire . Where no agreement is reached

on whether the costs were of an urgent nature the manershall be referred

to arbitration.

21. In addition to the functions conferred by the preceding

provisions of this Act. the meet ing of the condomini which is to be

held m least once annually shall have the following functions

(a) to appoint or to confinn the admi nistrator and to

dctennine any remuneration that may be due;

(b) 10 approve the estimates of ellpenditure to be incurred

during the year;

(c) to a pprove the accounts prepared by the administrator

and 10 detennine how any residual assets accruing from the

management of the common pans shall be utilised or invested;

(d) to approve the execution o f utraordinary repairs and,

if need be . to create a special fu nd for such repairs.

22. ( I) The administrator shall keep a register of all the

condomini with the postal address as indicated by each condominus.

(2) A condominus may indicate to the admin istrator the

name and address of a representative who. on being entered in lo the

register of the condomini meruioned in subsecti on (I ) of this section .

shall be th e person to whom any notice is to be se rved by the

administrator.

(3) In additio n to the provisions of sut-section (5) of this

section. any notice which the administrator is bound to give shall be

presumed to have been validly given if such nQl ice is sent by registered

mail to the condominuS,or his represemative mentioned in the precedi ng

subsecti ons of this section. at the address shown in the regisler and

suc h notice shall , for 0.11 interests and purposes of law, be considered to

have been served three days after posting if the address is in Malta and

seven days after postin g if the address is overseas

Provided that no notice shall be required in respect of a

condomin us who does not indicate his postal address so that of his

representative according to the provisions of the preceding subsections

of this section

Provided r UIther that the admi nistrntor may. instead of sending

the said notice by registered mail, send it by facsimile transmission or

by any mher e lectronic means in which case the notice shall be

considered to have been served the day after it has been so transmilled.

(4) No meeting shal l be held before the expiry of seven days

(onn the service of the n(M ice in terms of subsection (3) of this section

and from the affixing of the notice in terms of subsection (5) of this

section.

(5) TIle administrator shall ensure that a narice board is fixed

in a prominent common part of the condominium and shall affix on

such board the narices of al l meetings , all the dec isions taken during

the said meetings as well as any decision or directive which he deems

to be of such importance that requires that they be brought to the notice

of the condomini.

(6) The quorum for a meet ing shall be a number of

condomini representi ng two-thirds of the units. If wit hin half an hour

from the lime appointed for the meeting a quorum is not present , it

shall stand adjourned to Ike same d:lly in tke nex t week at the same time

and place or to such arher day and at such Other time and place as the

administrator may indicate beforehand in [he notice conven ing the

meeting; and if at the adjourned meeting aquorum is not present within

half an hour from the appointed time the condominus or condomini

present or represented in that meeting shall be a quorum.

(7)

Decisions which concem:-

(a)

[he removal o fthe administrator. or

(b) any judicial proo::edi ngs the subjC\.1-mmtcr of which falls

outside the functions of thc adrn in istrator: or

(c)

the undertaking of extraordinary rcpairs: or

(d) the making of alterat iolls fa the common parts memioned

in subsection (I) of seetioll 8: or

(e) the appro val or amendment of the rul es menti oned in

section 24,

sha ll 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

maj ori ty of the un its represented during the meeting.

(9) Decisions taken at a meeting in tenns of this section

shall be binding on all the condomini.

( 10) Whe re a unit is ow ned by more than one condominu$,

the condomini ow ning that unit shall ind icate to the admi nistrator the

name and address of the person who shall represent that unit during a

meeting. Such representative shall co ntinue to represent the condo mini

jointly owni ng the same unit until such time as the condomini agree to

substitute the representative and infonn the administrator according ly.

(I I) In the case of disagreement with regard to the

appointment or su bstituti on of a representative, any condominus may

by application req uest the Civil Court, Second Hall. to appoint a curator

eve n from among the condo mini themselves to represent all the

co ndomini owning a particular unit in a condominium with regard to

all matters regulated by this Act. The Civil Coun, Second Hal l, shall

give effect to the opinion of the majority regard being had to the total

number of condomi ni unless any dissentient condominus shows to the

satisfaction of the (;oun that he has good ground for his objection. The

registrar shall notify the admi nistrator of the appointed representative

giving the paniculars mentioned in subsection (1 0) of this section. No

ap"eal shall lie fonn the decis ion of the said coun.

(12) Without prejudice to the internal relationsh ip of the

co-o' .. mcrs of a unit. the represe ntative appointed under subsections (10)

and (I 1) of this se(;lion shall be respons ible towards the admin istrator

for all rhe obligations of the unit .

( 13) A condomin us may be represented durillg a ZlIectilig

by a prO:l:y who du ring the meeting shall have the same rights and

obligations as th e condominU$ represented by him. The condominu s.

shall appoint a pro:l:y by mealiS of a written illstrument.

( 14) The meeting shall be chaired by the admini~trator . In

his absence,any condominus as decided at the beginning of the meeting

shall chair the meeting. The chainnan 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.

( I) Any conctominus who disagrees with a decision of the lfTl'USni"!,he

meeting on the grounds thm the decision is contrary to law or to the <loci, ...... , "ftl ..

regulations of the condominium or is unreasonable or oppressive may """',nt_

refer the matter to arbitration.

(2) The reference of a matter to arbitration in accordance

with subsection ( I) of this section shall be made by the dissentient

condominus within 30 days from the date the decision orthe meeting is

notified to him in accordance with the provisions of subsection (3) of

section 22

Provided that where the first proviso to subsection (3) of

section 22 applies, the period ofthiny days shall commence to run from

the date the decision is affixed on the notice board in terms of subsection

(5) of the said section 22.

(3) If the arbitrator finds for the dissentient condominus,

he may annul or amend the decision.

A sct of rules may be drawn up to regulate the use of Retul .. i"" o(

( I)

the common pans and the apponionment of the e~penses incurred in condominium,

connection with the common pans. The rules may also include rules

for the preservation of the condominium's decor and those concerning

ils :ldminiSlrarion_

(2) Each condominus may take the initiative to prepare the

rules concerning the condominium or for the revis ion of any existing

ru les, which ru les shall be subm itted to a meeting of the condomini for

their approval in accordance with subsection (3) of this section.

(3) The rules concerning condominium sha!1 be approved

during a meeting o f the condomini by the majority of the condomini

establish;:d in subseClion (7) of section 22 and shall be registered with

the Land Re gistrar by the ad min.istrato r o r , where there is no

adminiStrlllor, by the condomini jointlY or by a perron delegaTed by

them. Any :lI11cndmeniS made to stich roles shall also be registe red as

aforesaid .

(4 ) The Land Registra r shall retain und register any

document which is required 10 be delivered to him for the purpose of

regiSirat ion under any of the provisions of th is Act.

(5)

Any person may -

(a)

inspect the docum ents kept by Ihe Land Registrar;

(b) require a copy or e Xiracl of any documem deli vered to

the Land Registrar.

(6) Where ally rules concerning a condomini um or

amend me nts made thereto are registered in terms of sub5C(;tion (3) of

this sectioll,the Land Regis trar shall cause without delay a statement

to be published in the Governmen t Gazette showing the date at which

the regi stration was made .

(7) Any dissentient coodominus may challenge the said

rules or pan the reof on the grounds that the y are contrary to law ,or

unreasonable, or oppressive, and may refer the maner of suc h ch.allenge

to arbitration .

(8) These roles shall in no way decrease the rights of the

condomini emanating from the litle of ownership and from any

agreement validly entered intO,and in nocase shal lihe yderogate from

the provisions of subsectio n (3) of SC(:tion 6 and ofscctions 7 ,8, 15,

17,18,22and23.

25 . Where no rules have been made or approved in terms or

section 24, any condomin us may propose a set of ru les to regulate the

condomi nium and irthe same are not accepted by the othercondomini,

the mailer of the adoption o f such rules shall be referred to arb itration,

and the arbitrator shall determine whether such rules shall be adopted

with or without amendment.

Meta mujlun ux inlghamlujc w gew approvali regoli sl ond

I-anikol u 24, ku II COIi//II/llilill I j i Sla' j i ppropon i regal i biex jirregolaw

ii -condominium. u jekk dawn ir-regoli rna jigux approval; mill·

com/omini I-ohra. iI -kwesljoni HI' I-adozzjoni la' dawk ir-regoli

ghandha ligi rife ri!a ghall ·arbilrngg. u I-arbitru ghandu jiddcc iedi

dwa r jekk da wk ir-regoli ghandhomx jigu adoltati bi je w minghajr

eme ndi.

26, F' kuli tilwima Ii skond dan I-All ghandha jew liSla ' tigi

riferita ghall .arbiuagg, iI -panijiet fi t-ti lwi ma ghandhom jitq iesu

bhala Ii fle hmu Ii jiehdu I-kwesljoni farbitragg skond it.Taqsi ma

I Via' I-Au la' 1- 1996 dwarl-Arbitragg, sabiex din ligi detii.a skond

il-Ligi ta' Malta minn Ilrbitru uniku Ii jinhatar mic·Chairman tllC'

Ce ntru dwar I-A,"';I,.agg la' Malta .

27 . Ghall-fin ij iet ta ' arbitraggi msernrn ija fl -ani kolu 26 ta'

dan I-AU

(a) is-suba rt ikolu (2) la' I-an ikolu 14 u s-subartikolu (7)

la' I-artikolu 15 la ' I-All la' 1-1996 dwar I-Arbiuagg , u kull

di s pozizzjoni Ill ' dak I-All Ii Ikun inkon s iste nl i mad-

dispozizzjonij iet la ' dan I-All, rn 'ghand homx ikunu japplikaw;

(b) ic-Cenlro dwar I-Arbitragg ta ' Malta mwaqqafskond

dak I-Att

ghand u jahtar lista ta' arbitri do mesliti dwar

(i)

malerj i relatati rna' dan I-All , u I-arb itru uniku in

konnessjoni rna kull arbilragg tahl dan I-All ghandu jigi

mahlur, sakernm il-persuni kollha fuq iI-IiSta rna jkunux

ge w rikulati , je w rna jkunux mod iehor astjenew , minn

fosl iI-po.;rs ulli rdik il-lista; II

jista' jaghmel regoli ta' procedura specjali. li rna

(ij)

jkunux inkonsistcnti mar-rego!i la' gusti zzja naturali ,

sabie x jirregola daw k I-arbitraggi msemmija n-artikolu 26

la ' dan I-AtL Oawk iT-regoli jislghu j kunu differenti minn

xi jew kull dispoi izzjoni lat-Taqsirna IV la ' I-All la' 1-

1996 dwar l-Arbi! ragg.

28 . Il -bcjgh b'i rk,JnI ta'{"IJndom i uilllll, ims cm mi fis-

subartikolu (I ) ta' I-an ikolu 14 ta' dan I-AU ghandu jsir, sakernm il -

ClJlld omini koll ha rna j ifthem ux mod iehor, tatlt l-aw,lOrita u bl -

approvazzjolli la' I-arbitru ulliku mqabbad kif imsemm i n-arlikolu

27 . Ii ghalldu jqis I-illleress i la' kulhadd u jam Ii hadd rna jigi

ippregudikat. !! -bejgh ghandu jsir. f nuqqas la' regul i ta' procedura

specjali kif rnahsub n-aniko!u 27, skond kif jirrego!a !-arbitru.

In any dispute that in accordance- with this Act is to be or

may be referred to arbitration, the parties to the dispute shall be deemed

to have agreed to subm it t he maner to arbitration in accordance with

Pan Iv o f the Arbitration Act. 1996, to be determined in accordance

with Maltese Law by a sole arbitrator to be appointed by the Chairman

of tile Malta Arbitration Ce nt re.

27 . For the purpose of arbitrations referred 10 in section 26 of Sp>.iol no""

this Act

5'"""",, n~

............ ;(. " """'"r

(a) subsection (2) of section 14 and subsection (1) of section

15 of tile Arbitration Act. 1996 , and any prov ision oftRe said Act

inconsistent with the provisioos of this Act. shall not appl y;

(b) the Malta Arbitration Ce ntre se t up in accordance with

the said Act

(i) shall appoint adomcstic arbitration panel on mailers

related to this Act, and th e sole arbitrator in connectioo wi th

an y ad,i tral iOIl under this Act shall. unless all the members

of the panel are successfully challenged or have otherwise

withdrawn , be appointed from among the members of tRe

said panel; and

(i i) may make special rules of procedure. not

inconsiste nt with the ru les of natural j ustice, to govern

arbitrnti ons referred to in section 26 of this Act. Such rules

may depan from any or al l or tlle provis ions of Part IV of the

Arbitration Act, 1996.

28 . The licitation of a condomin ium, referred to in subsection UtiuotiooI.

( I) of section 14 orthis Act ,shall , unless the condomini do not otherwise

agree, be conducted unde r the authority and with the approval of a sole

arbitrator appointed as provided in section 21, who fiust take into

consideration the interests of all concerned and see that no one is

prejudiced. The sale shall, in the absence of special rules of procedure

as envisaged in section 21 , be regulated by the arbitralor.

If during the hearing of any arbitration the arbitrator finds v ... ,"-

that the referral is vexatious, he may order Ihe offending party to pay to amil ... __ .

the other parties a penalty not exceeding fi fty liri. The same penalty

may be imposed by the arbitrator on the othe r party where the action

that has given rise to the application is vexatious.

JU. Saving the provisions of Part VI of tile Arbitration Act, 1996, -""0(""

in mailers which in accordance with this Act may be or are to be referred Court.

to arbitration, no coun shall intervene or have jurisdiction except where

$0 provided by the said Arbitration Act, 1996.

( I) The provisions ofsections2. 4 ,5, 6and 10 of this Act T~

shall appl y also to condominia exis tin g before the coming into force of p"""'-.

this Act.

(2 ) Without prejudice 10 th e pro visions of SuhSc!:Iion ( I) of

th is sec tio n . the provisions of th is Ac t shall appl y al so [0 condominia

ex istin g before the coming illla force of this Act as prov id ed ill the

following SUb!\eClions of thi s sectio n.

(3) Wit hout prejudice 10 ,he provisions of s ubsections (5)

and (6) of th is sectio n , where in a condom in ium e xisting before the

cornin g illla force of the Housing Laws Amendment Act. 1995 and in

which OIlC or more of the scpar..ue lInits was before the coming illio

force of that Act sUbject to a lease. the provisions orlhis ACf .000her than

the provisions referred to in s ubsec tion ( \ ) of thi s section shall 1101: ap-

pl y to the whole condominium for as long as Ihe lease subsists or until

the landl o rd ,md the tenant or the dom inus a nd the cJllphytcuta as the

case may be, do not o therwise agree by a public deed , to be registcrW

in the Public Reg istry or the Land Registry as the case Illay be, whe rein

the rclmiolls hip bctweell the landlo rd and the tenant. or the dominus

and the e mphyteuta , as the case may be, a re regulated

Provided that any agree lllent regulating the re lationship be-

tween the landlo rd and tenant, or the dominus and the e mphyte uta. as

the case may be ,e ntered in to after the coming into force of the Ho using

Laws Amendment Act, 1995 and before the coming into force of this

Act shall com inue to have e ffect even if suc h agreeme nt was no t mode

by a public deed as aforesaid and in s uch a case the provisions of this

Act shall apply to the co ndominium.

(4 ) For the purpose of s ubsections (3) and ( 5) o f this sec-

tio n, a lease means a lelling or a temporary e mphyteu sis for a period of

twenty one years or less, bU! doc s nOt include an emphyteusis of twenty

one years or less which is extendible to more than twe nty o ne years.

(5) Without prejudice to the prov isions of s ubsection (6) of

this secti o n. in the case of condo min ia existing before the coming into

force of thi s Act and in whic h the lease to w hic h the se parate units ..... ere

subject were new lettings o r new em phYleusis entered into after the

coming into force of tile Housing Laws Ame ndment Act , 1995 (as de-

fined in the appl icable provisions of that Act), the provisio ns of this

Act shalt apply and the o bligations a nd right s of a condominus in this

Act s hall be incumbent o n and shall be eJ(ercisable by the landlord or

the emphyteula. un less it is not Olherwise agreed by the landl ord and

the te na nt or the dom illUS and the emphyteu ta. hy a public deed which

is to be registered in the Pub lic Re gis try or the Land Re gistry as the

case may be

Provided that a ny agreeme nt regulat ing the relatio nship be-

I'~'ee n the la ndl ord and the te nant o r the dominu s and the em phyte uta,

as the case may be, with respect to th e obligations and ri ghts of a

comluminus, entered into after the coming into force of the Ho using

Laws AmcndnK~1H Act. 1995 and before the coming into force of thi s

Act shall continue [0 have affeCl even if such agreement was nOl llIade

by a public deed as aforesaid .

(6)

The pro visiOflS of thi s Act shall IlOl apply to condo minia

where any oflhe scparal<: un it s arc Governme nt property , until the Min-

ister responsible for housing makes an Order stalin.!!; that they shall be

so applicable, and such an Order may provide for paJlicular cond9rninia

or categories of condominia and also for thc re lmions between the Gov -

ernment as a landlord and the {emmts

Provided thai nothing in this subsection sha ll be understood

as authorising the Minister to make an Order ha vi ng the eITect of amend-

ing any of the provisions of this Acl.

The Mini ster responsible for justice may make regulations ""-rol Mini"",

for the better carrying out of the provisions of this Act.

10 ...... ,.., .... ""',

Passed by the House of Representati ves at Sitting No. 166 o f the 12th December,

1997. MVRI .... M SI'ITERI DEBONO

Speaker

R ICHARD 1 . CA UC HI

Clerk to Ihe House oj Representatives