Cap. 398 Art. 22Procedure concerning general meetings.

(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 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. 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.