Cap. 398 Art. 8Alterations.

(1) Without prejudice to the provisions of subarticles (5)

and (7), the condomini may by the vote of the majority mentioned in article 22(7) provide for the making of alterations to or innovations in the common parts which bring about an improvement or the more comfortable use or the better enjoyment of the common parts.

(2) Without prejudice to the generality of the preceding subarticle, the following shall be deemed to be alterations or innovations:

(a) the widening of the entrance door;

(b) the installation of a lift;

(c) the installation of a hall-porter system;

(d) the conversion of a yard into a garden or into an internal parking space.

(3) Without prejudice to the provisions of subarticles (5) and (7), the following alterations or innovations to the common parts shall not take effect unless with the unanimous consent of all the condomini:

(a) those which change the aesthetics and decor of the condominium; or

(b) those which seriously affect the use or enjoyment of any common part by any of the condomini; or

(c) those which may prejudice the stability or the security of the building. and his share of the expenses relating to the common parts shall, unless it is otherwise agreed, be redistributed between the owners according to the proportion that the new units are of all the separate units in the condominium.

(5) A condominus may at his own expense install or erect any necessary facility which mitigates or eliminates problems of mobility provided that these do not cause any serious prejudice, after such erection or installation, to the other condomini. The provisions of article 9 shall apply, mutatis mutandis, to the expenses incurred in such installation or facility.

(6) Where in a condominium, one or more separate units is owner occupied and one or more separate units is occupied by a tenant, the tenant occupying the separate unit, or his representative, shall be entitled to be present during the meeting of the condomini and express his opinion on any matter effecting the enjoyment of, or alteration to, the common parts. Only one tenant per unit shall attend and intervene during the meeting, provided that such attendance shall not in any way, imply that the tenant is entitled to vote.

(7) Where a tenant occupying the separate unit as his ordinary residence, unless he is a tenant in Government property as referred to in article 31(6), wishes to install or erect, at his own expense, any facility as is referred to in subarticle (5), but either the owner, or the meeting of the condomini, refuses the relative consent, the tenant may refer the matter to arbitration, and where the arbitrator finds that such installation or erection does not conflict with the works described in subarticle (3), it shall be carried out.

(8) The tenant may also contribute to the costs incurred for the execution and preservation of alterations or innovations to the common parts, in terms of article 9(3).

(9) When the installation or erection is carried out at the tenant’s expense, or where the tenant contributes to the costs mentioned in subarticle (8), even in those cases where such work serves to enhance the value of the unit, the conditions of the lease may not be changed, provided that the owner of the separate unit occupied by the said tenant cannot be forced to reimburse the tenant even when the said lease is terminated.

(10) The tenant referred to in the previous subarticles to this article cannot renounce to his rights.