Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 398 · cap/398 (Cap. 398)

Cap. 398 Art. 24Regulation of condominium.

In KraftAmtlicher Text

(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.