A new bill could see the introduction of a tribunal that would settle common parts disputes in apartment blocks, according to a white paper published by the government on Wednesday.
For the white paper proposes a new Condominium Affairs Tribunal composed of legal and technical professionals to facilitate cost-effective procedures and remedies, especially in cases of disputes between the condomini, the administrator and third parties.
The white paper was published by the planning and justice ministries. It includes feedback submitted by people during a public consultation period launched in 2021.
First enacted in 1997, the Condominium Act regulates the legal relationships between residents and owners who share common parts in buildings or estates.
But the urban landscape has changed drastically since then, the population has increased significantly and more people are now living in apartments rather than houses.
This meant that the Condominium Act needed to be updated to reflect the new realities and address legal loopholes in a system where an ever-growing number of people live in properties with common parts.
The white paper proposes the setting up of a condominium regulator to uphold and update standards as necessary and to keep a register of all qualified condominium administrators.
Another proposal is to oblige block administrators to acquire professional and property insurance for the common parts.
The white paper proposes the setting up of a co-owners association chaired by the block administrator and a committee of representatives of the co-owners elected annually by a general meeting of the condomini.
The association would be granted a legal personality, meaning, among other things, that the condominium’s bank account would not need to be closed each time the administrator is changed.
The bill would also ensure the administrator is competent and has no legal or criminal circumstances keeping them from fulfilling their role properly.
Administrators would be required to have at least a school leaving certificate and to have obtained specialised training related to condominium law, finance and property management.
The white paper can be found here.
The deadline for submissions is December 6.