The Condominium Act of 1997 has proven to be
an important piece of legislation, all the more so since over the past 15 years
there has been an influx in urban development throughout Malta and Gozo. This
can be highlighted from recent data gathered which outlines that the number of condominia
and administrators registered till the 3rd of December 2020 amounts to a total
of 3,828. The first registration dates back to over 18 years ago, 15th February
2002. (i.e., a yearly registration rate of 213).
Acts XVI of 2001, IX of 2004 and Legal
Notices 181 of 2006 and 425 of 2007 have only amended Chapter 398 (Condominium
Act) in a de minimis manner, with no substantial change As it stands, the Condominium
Act still has lacunae which need to be addressed at the earliest given that
many Maltese and Gozitans tend to reside in apartments, The latter is all the
more relevant to the past decade, which saw a change in Malta’s skyline and
which is expected to continue to change for the foreseeable future.
The aforementioned comes hand in hand with
an ever-growing economy, and the creation of new economic niches which Malta
has tapped into over the recent years (e.g., remote gaming and financial
services). Notwithstanding, we cannot be indifferent to the fact that urban
space is limited, high-rise buildings continue to increase in the wake of what
is viewed to be an industry-based market.
With the promulgation of the Condominium
Act, the important role of the condominium administrator had been created.
Administrators are bound by law to register themselves with the Land Registry
and keep the Land Registrar updated with any developments with respect to their
appointment. With this development a new
niche in the employment industry has been created and a significant number of
individuals have made the administration of blocks of apartments and condominia
as a full-time profession. This development has in turn created new lacunae as
to what needs to be done to regulate specific individuals and companies whose
main scope or profession is to administer immovable property, specifically condominia.
The Legislation
Apartments in blocks and towers are
frequently owned by different individuals, whilst the common parts pertaining
to such blocks (usually including the entrance door, lobby, stairs, lifts and
wells) are owned by those same unit-owners through an undivided share
(pro-rata). A right of use over the said common parts is also customary, but
ultimately it all depends on the agreement reached between the developer and
the different unit-owners.
The main forum where decisions are taken is
at the meeting of condomini. This refers to the gathering of the owners
of each separate unit where they discuss and voice their opinion on matters
concerning the common parts and decide by voting on decisions.