The role of the administrator under the Condominium Act.

Abstract

This thesis will examine the concept of administration of condominia obtaining under the Condominium Act (Cap. 398 of the Laws of Malta). The Condominium Act is a recent piece of legislation the purposes of which is to regulate the use and enjoyment of condominia. In order to achieve this purpose, the Act provides inter alia for the mandatory appointment of an administrator in case when there are more than three condomini. The thesis will analyse the scope and function of the administrator and the likely impact that his role will have on the regulation of the use and enjoyment of condominia. The concept of administration of condominia is novel to the Maltese legal system and therefore the thesis will first and foremost examine in detail the legal implications of administration and of matters connected therewith. Particular reference will be made to the nature of the office of the administrator and matters relating to his appointment and removal. The functions and powers of the administrator, together with other matters connected with the administration in general, will also be analysed thoroughly. Special reference will be made to the power of representation of the administrator and to the expected degree of competence and diligence throughout the performance of his functions. Reference will be made to the instances where the administrator is to be held responsible for his own acts. Furthermore, the thesis will examine the interaction between the administrator and the condomini and the relationship between the meeting of the condomini and the administrator, the duties of the administrator towards the meeting and the checks and controls that the meeting may exercise in respect of the administrator. Moreover, reference will be made to provisions of other laws that may be relevant to the functions and duties of the administrator, in particular the provisions under the Civil Code (Cap. 16 of the Laws of Malta) dealing with mandate. Constant reference will be made to Italian legislation, being the main source of our law, and Italian jurisprudence on the matter. Finally, the thesis will contain some proposals as to the manner in which the proper application of the Act can be ensured.