  CONDOMINIUM  ġ CAP. 398.  1
CHAPTER 398
CONDOMINIUM ACT
To regulate Condominiums.
  1st July, 2001
ACT XXIX of 1997, as amended by Act XVI of 2001.
Short title.
Amended by:
XVI. 2001.2.
l. The short title of this Act is Condominium Act.
Definition of 
condominium.
Amended by:
XVI. 2001.3.
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 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.
Parties may not 
make arrangements 
contrary to certain 
provisions.
3. 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.
Non-applicability 
of certain 
provisions of the 
Civil Code. 
Cap. 16.
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.
Common parts of a 
condominium.
5.  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;
  2  CAP. 398. ħ   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.
6. (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.
Indivisibility of 
common parts.
7. No portion of the common rights may be divided or
disposed of without the consent of all the condomini.
Alterations. 
Amended by:
XVI. 2001.4.
8. (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.
  CONDOMINIUM  ġ CAP. 398.  3
(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.
Excessively 
onerous costs or 
decorative 
alterations. 
Amended by:
XVI. 2001.5.
9. (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.
  4  CAP. 398. ħ   CONDOMINIUM 
(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).
Damage caused to  
common parts by 
works undertaken 
in the non-common 
parts.
10. No condominus may execute in his individual property
works which may cause damage to the common parts. 
Apportionment of 
costs.
11. (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.
Cap. 16.
(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.
12. (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.
  CONDOMINIUM  ġ CAP. 398.  5
(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.
Construction of 
new structures on 
the airspace above 
the condominium.
13. 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.
Total or partial 
destruction of the 
condominium.
Amended by:
XVI. 2001.6.
14. (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
  6  CAP. 398. ħ   CONDOMINIUM 
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.
15. (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), and 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.
Functions of the 
administrator.
Amended by:
XVI. 2001.8.
16. (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
  CONDOMINIUM  ġ CAP. 398.  7
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.
Representation.
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
parts.
(3) If the writ of summons, 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.
  8  CAP. 398. ħ   CONDOMINIUM 
Dissent of a  
condominus with 
regard to litigation.
18. (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.
Measures taken by 
the administrator.
19. (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.
Costs incurred by a 
condominus.
20. 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.
Functions of the 
meeting.
21. 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.
Procedure 
concerning general 
meetings.
Amended by:
XVI. 2001.9.
22. (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
  CONDOMINIUM  ġ CAP. 398.  9
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.
  10  CAP. 398. ħ   CONDOMINIUM 
(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.
Impugning the 
decisions of the 
meeting.
23. (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
  CONDOMINIUM  ġ CAP. 398.  11
subarticle (5) of the said article 22.
(3) If the arbitrator finds for the dissentient condominus, he
may annul or amend the decision.
Regulation of 
condominium.
24. (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 are 
made or approved 
by the meeting.
25. 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.
  12  CAP. 398. ħ   CONDOMINIUM 
Arbitration.
Cap. 387.
26. 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 submit the matter to arbitration in
accordance with Part IV of the Arbitration Act, to be determined in
accordance with Maltese Law by a sole arbitrator to be appointed
by the Chairman of the Malta Arbitration Centre.
Special rules 
governing 
arbitrations under 
this Act.
Amended by:
XVI. 2001.10.
Cap. 387.
27. For the purpose of arbitrations referred to in article 26 -
( a ) article 14 and article 15(7) of the Arbitration Act, and
any provision of the said Act inconsistent with the
provisions of this Act, shall not apply;
( b ) the Malta Arbitration Centre set up in accordance with
the said Act -
(i) shall appoint a domestic arbitration panel on
matters related to this Act, and the sole
arbitrator in connection with any arbitration
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 the said panel, provided that
preference is given to persons with legal
qualifications and where the matter referred for
arbitration is a technical matter relating to the
stability, construction or re-construction and
apportionment and, or calculation of costs relating
to the physical environment, preference shall be
given to an architect or civil engineer, so long as
such persons with legal qualifications, architects or
civil engineers have practised their profession for
at least seven years prior to the appointment; 
(ii) may make special rules of procedure, not
inconsistent with the rules of natural justice, to
govern arbitrations referred to in article 26. Such
rules may depart from any or all of the
provisions of Part IV of the Arbitration Act; and
( c ) matters relating to the choice of the administrator in
terms of article 15(1), reimbursement of costs incurred by
the administrator in terms of article 20, and the adoption
of the rules in terms of article 25, shall be determined by
a sole arbitrator.
Licitation. 28. The licitation of a condominium, referred to in article
14(1), shall, unless the condomini do not otherwise agree, be
conducted under the authority and with the approval of a sole
arbitrator appointed as provided in article 27, who must 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 article 27, be regulated by the arbitrator.
Vexatious 
arbitrations.
29. 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 fifty liri. The same
penalty may be imposed by the arbitrator on the other party where
  CONDOMINIUM  ġ CAP. 398.  13
the action that has given rise to the application is vexatious.
Powers of the 
Court.
Cap. 387.
30. 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.
Transitory 
provisions.
Amended by:
XVI. 2001.11.
31. (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.
(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
  14  CAP. 398. ħ   CONDOMINIUM 
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.
Power of Minister 
to make 
regulations.
Amended by:
XVI. 2001.12.
32. The Minister responsible for the Land Registry may make
regulations for the better carrying out of the provisions of this Act. 
Fees
Added by:
XVI. 2001.13.
33. 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.
