CONDOMINIUM ACT

COND OMINIUM

CHAPTER 398

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 .

The short title of this Act is Condominium Act.

(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 tenements over each other, and only the drains, or the

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 emphyteuta or the

usufructuary of such unit.

The provisions of article 4, article 6(2) and (3), articles 7, 8

and 10, subarticle (2) of article 11, article 15, article 16(2), and

articles 17, 18, 20, 21, 22, 23, 24 and 26 shall be observed in all

cases of condominium and any agreement contrary thereto shall be

without effect.

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.

Unless otherwise resulting from the title of the owners of

the separate units, or unless it is otherwise agreed by the condomini

by a public deed, the common parts of a condominium are the

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

thereof

(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;

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(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.

(1) Unless otherwise resulting from the title, the shares in

the common part shall be presumed to be divided equally between

the owners of the various separate units.

(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.

No portion of the common rights may be divided or

disposed of without the consent of all the condomini.

(1) Without prejudice to the provisions of subarticles (5)

and (7), the condomini may by the vote of the majority mentioned

in article 22(7) provide for the making of alterations to or

innovations in the common parts which bring about an

improvement or the more comfortable use or the better enjoyment

of the common parts.

(2) Without prejudice to the generality of the preceding

subarticle, the following shall be deemed to be alterations or

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.

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(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 common 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 facility which mitigates or eliminates problems of

mobility provided that these do not cause any serious prejudice,

after such erection or installation, to the other condomini. The

provisions of article 9 shall apply, mutatis mutandis, 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 the 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 alterations or innovations to the

common parts, in terms of article 9(3).

(9) When the installation or erection is carried out at the

tenant’s expense, or where the tenant contributes to the costs

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

occupied by the said tenant cannot be forced to reimburse the

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.

(1) The condomini who do not intend to benefit from the

alterations or innovations which are susceptible of separate use by

each condominus are exempt from contributing to their costs.

(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.

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(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 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 the execution and preservation of the said works had

they decided to benefit from the alterations or innovations when

these were originally made. Such contribution shall be paid,

through the administrator, if any, to the other condomini.In the

absence of the administrator, payment 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 their shares in terms of

article 6(1).

No condominus may execute in his individual property

works which may cause damage to the common parts.

(1) The costs necessary for the preservation, maintenance,

ordinary and extraordinary repairs, for the enjoyment of the

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

and for the alterations agreed upon by the condomini are to be

divided between the condomini in proportion to the value of the

property of each condominus, saving always any contrary

agreement.

(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.

(1) Where a ceiling is a common part and is the ceiling of

a lower storey and the floor of a higher storey of a condominium,

the costs 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.

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(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.

The condominus who has the exclusive ownership and the

exclusive use of a part or the whole of the airspace of the

condominium may construct new structures, provided that he is not

restricted from doing so in terms of his title of ownership and that

such structures do not cause any damage to the stability of the

building or do not affect the enjoyment by the other condomini of

their rights in the condominium.

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

unless it is otherwise provided in the title, if a condominium is

completely or substantially destroyed, any condominus may request

the licitation of the entire condominium.

(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

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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.

(1) When there are more than three condomini, the

meeting of the condomini shall appoint an administrator. If the

meeting does not make such an appointment, the matter shall be

referred to arbitration by one or more of the condomini and the

administrator shall be appointed by the arbitrator. Where there are

three or less condomini they shall, unless they otherwise agree,

administer jointly.

(2) Unless otherwise provided for in his appointment, the

administrator shall hold office for a period of two years, provided

that he shall continue in office 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 refer the matter to arbitration in accordance with the

provisions, mutatis mutandis, of subarticle (1), a nd a new

administrator shall be appointed by the arbitrator.

(4) Apart from the case provided for in article 22(7)(a), any

one or more of the condomini may refer the matter of the

revocation of the appointment 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 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.

(1) 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

COND OMINIUM

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.

(1) In matters relating to the common parts of the

condominium, the administrator has the representation of all the

condomini and has also the judicial and legal capacity to sue the

condomini or third parties and to be sued.

(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

(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.

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(1) When the meeting decides to institute litigation or to

oppose any judicial demand, any dissentient condominus 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.

(1) The measures taken by the administrator which fall

within his functions bind all the condomini.

(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.

A condominus who incurs costs without having been

authorised in writing to incur those costs by the administrator or by

the meeting does not have a right to be reimbursed for the said

costs, unless they were of an urgent nature. Where no agreement is

reached on whether the costs were of an urgent nature the matter

shall be referred to arbitration.

In addition to the functions conferred by the preceding

provisions of this Act, the meeting of the condomini which is to be

held at least once annually shall have the following functions

(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.

(1) 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 administrator the name

and address of a representative 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

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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

condominus, or his representative mentioned in the preceding

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 the provisions of the preceding

subarticles

Provided further that the administrator may, instead of

sending the said notice by registered mail, send it by facsimile

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, all the decisions 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 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

the meeting; and if at the adjourned meeting a quorum 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 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.

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(9) Decisions taken at a meeting in terms of this article shall be

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 meeting. Such representative shall continue to represent the

condomini jointly owning the same unit until such time 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 representative, any condominus may by

application request the Civil Court, Second Hall, to appoint a

curator even from among the condomini themselves to represent all

the condomini owning a particular unit in a condominium with

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 number of condomini unless any dissentient

condominus shows to the satisfaction of the court that he has good

ground for his objection. The registrar shall notify 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

proxy who during the meeting shall have the same rights and

obligations as the condominus represented by him. The

condominus shall appoint a proxy by means of a written

instrument.

(14) The meeting shall be chaired by the administrator. In his

absence, any condominus as decided 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.

(1) Any condominus who disagrees with a decision of the

meeting on the grounds that the decision is contrary to law or to the

regulations of the condominium or is unreasonable or oppressive

may refer the matter to arbitration.

(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 affixed on the notice board in terms of

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subarticle (5) of the said article 22.

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

may annul or amend the decision.

(1) A set of rules may be drawn up to regulate the use of

the common parts and the apportionment of the expenses incurred

in connection with the common parts. The rules may also include

rules for the preservation of the condominium’s decor and those

concerning its administration.

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

rules concerning the condominium or for the revision of 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 meeting of the condomini by the majority of the

condomini established in article 22(7) and shall be registered with

the Land Registrar by the administrator or, where there is no

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

which is required to be delivered to him for the purpose 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 thereof on the grounds that they are contrary to law, or

unreasonable, or oppressive, and may 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.

Where no rules have been made or approved in terms of

article 24, any condominus may propose a set of rules to regulate

the condominium and if the same are not accepted by the other

condomini, the matter of the adoption of such rules shall be

referred to arbitration, and the arbitrator shall determine whether

such rules shall be adopted with or without amendment.

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

may be referred to arbitration, the rules contained in the Arbitration

Act or made thereunder relating to mandatory arbitration shall

apply.

Deleted by: Act IX. 2004.29.

The licitation of a condominium, referred to in article

14(1), shall, unless the condomini do not otherwise agree, be

conducted in such rules contained in the Arbitration Act or made

thereunder. The sale shall, in the absence of special rules of

procedure as envisaged in article 26, be regulated by the arbitrator.

If during the hearing of any arbitration the arbitrator finds

that the referral is vexatious, he may order the offending party to

pay to the other parties a penalty not exceeding one hundred and

sixteen euro and forty-seven cents (116.47). The same penalty may

be imposed by the arbitrator on the other party where the action

that has given rise to the application is vexatious.

Saving the provisions of Part VI of the Arbitration Act, in

matters which in accordance with this Act may be or are to be

referred to arbitration, no court shall intervene or have jurisdiction

except where so provided by the said Arbitration Act.

(1) The provisions of articles 2, 4, 5, 6, 8, 9, 10 and

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

provisions of this Act shall apply also to condominia existing

before the coming into force of this Act as provided in the

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 between the landlord and the tenant, or the

dominus and the emphyteuta, as the case may be, are regulated

Provided that any agreement regulating the relationship

between the landlord and tenant, or the dominus and 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.

COND OMINIUM

(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

which is to be registered in the Public Registry or the Land

Registry as the case may be

Provided that any agreement regulating the relationship

between the landlord and the tenant or the dominus 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 the Government; and such permission shall not render such

building a condominium.

The Minister responsible for the Land Registry may make

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

The Minister responsible for the Land Registry may, with

the concurrence of the Minister responsible for finance, make

orders with respect to the amount of fees payable for anything done

or service rendered under this Act.