Proposed amendments to the condominium act

Abstract

The aim of the promulgation of the Condominium Act was to provide for a framework aimed specifically at regulating condominia. The basis of the Maltese Condominium Act was the Italian Civil Code pre dating the 2013 amendments. Whilst the Italian Civil Code condominium provisions were amended in 2013 by virtue of law number 220 of 12 with the purpose to address certain lacunas and transposing into law jurisprudential dicta, our Act was only subject to minimal changes. This thesis examines the provisions of the Condominium Act, firstly by critically analysing its provisions by drawing a comparative study between Maltese law and Italian law whilst taking into account jurisprudence. Ultimately the final chapter will provide a set of suggested amendments to the Act. The thesis analyses the feasibility of attributing separate legal personality to the condominium and its consequences on the common parts. In relation to the common parts, an analysis is carried on the presumption that the shares in the common parts are presumed to be divided equally between the condomini even though this principle is not reflected in the apportionment of costs. Special reference is made to the voting rights connected therewith and also to possibility of attributing voting rights to the tenants, who at the moment enjoy no voting rights. A thorough study is carried with respect to the office of the administrator and highlighting certain deficiencies in the administration; in particularly shortcomings in professionalizing the figure of the administrator, along with the introduction of safeguards from the administrator’s actions in carry out his functions. An examination of the functions of the administrator is also delved into, consequent to which a set of obligations are proposed with the aim of creating a clear and cohesive system. Recommendations are also provided in relation to the revamping of the forum addressing condominium contentions. Last but not least this thesis collects the suggestions found in its chapters by providing for the introduction of a series of proposed articles and changes to the present Act in its final chapter.