Condominium Property Act, 2001
Act 4 of 2001
- Published in Uganda Gazette no. 12 on 23 February 2001
- Assented to on 12 February 2001
- Commenced on 23 February 2001
- [This is the version of this document from 23 February 2001.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Condominium Property Act, 2001.
2. InterpretationIn this Act, unless the context otherwise requires —"annual general meeting" means a meeting convened in accordance with section 28;"armotisation period" means the period within which all liabilities in respect of a charge must be discharged;"board" means a management board elected under section 26;"building" means—(a)any structure, whether of a temporary or permanent nature, and, irrespective of the materials used in its erection, erected or used for or in connection with—(i)accommodation or convenience of human beings or animals;(ii)the manufacture, processing, storage or sale of any goods;(iii)the rendering of any service;(iv)the destruction or treatment of refuse or other waste material;(v)the cultivation or growing of any plant or crop;(b)a swimming pool, reservoir, bridge, tower or any other structure connected with it;(c)a fuel pump or tank used in connection with the pump;(d)an electrical installation or any other installation connected with it;(e)gas supply installation or any installation connected with it; and(f)any other part of a building or installation connected to the building;"certificate of title" means a certificate of title issued under section 4;"chairperson" means the chairperson of a board;"charge" includes a mortgage;"common property" means that part of the condominium property which does not belong to any specific unit and which is used in common by the owners of the units and includes, without prejudice to the general effect of the foregoing, the land on which the property is situated, support structures, infrastructure and services;"condominium" means a system of separate ownership of individual units in a multiple-unit building, the individual units of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those units;"condominium plan" means a plan registered in accordance with this Act and includes a phased condominium plan;"corporation" means a corporation established under section 20;"court" means a court of competent jurisdiction and includes tribunals established under the Land Act, 1998;"currency point" has the value assigned to it in the First Schedule;"developer" means a person who, whether alone or in conjunction with another person develops, sells or offers for sale to the public, units or proposed units;"developer’s management agreement" means a management agreement entered into by a corporation at a time when the majority of units are owned by a developer;"document" includes a summons, notice, tax notice, order and other legal process;"easement" means a right attached to one particular piece of land which allows the owner of that land either to use the land of another person in a particular manner or to restrict its use by that other person to a particular extent but which does not allow him or her to take any part of its natural produce or its soil, and includes a right of way, a right to draw water, a right to place erections such as sign posts, a right of light and a right of support to a building and any other rights provided by any law in force;"landlord" means the owner of a unit that is being rented and includes a person acting on behalf of the owner;"local authority" means a District, subcounty, municipal, division or town council and includes a public officer authorised by a local authority;"management agreement" means an agreement entered into by a corporation governing the management of—(a)the movable and immovable property of the corporation associated with the units; and(b)the common property associated with the units;"Managing agent" means a person appointed by the Management Board under section 29 to manage the units, the moveable and immoveable property of the corporation and the common property, and the day to day affairs of the corporation;"Minister" means the Minister to whom the functions of the Minister under this Act have for the time being been assigned by the President;"ordinary resolution" means a resolution—(a)passed at a properly convened meeting of a corporation by a simple majority of all persons entitled to vote; or(b)signed by a simple majority of all persons who, at a properly convened meeting of a corporation, would be entitled to vote;"owner" means a person who is registered as the owner of—(a)freehold estate in a unit; or(b)mailo estate in a unit; or(c)the leasehold estate in a unit where the parcel on which the unit is located is held under a lease;"parcel" means the land comprised in a condominium plan;"planning authority" means the planning authority for the time being responsible for planning in the area;"proprietor" means—(a)in relation to land or a lease, the person named in the Register as the proprietor of the land or lease; and(b)in relation to any unit, the person who is registered as proprietor of an estate in the unit;"rating authority" has the meaning assigned to it under the Local Government (Rating) Decree, 1979;"recreational agreement" means any agreement concerning recreational facilities to be used by a person occupying a unit;"Register" has the same meaning as Register Book in the Registration of Titles Act;"Registrar" means a registrar appointed under the Registration of Titles Act;"regulations" means regulations made by the Minister under section 56;"rules" means the rules made by a corporation under section 30;"sale agreement" means an agreement with a developer by which a person purchases a unit or proposed unit or acquires a right to purchase a unit or proposed unit;"special resolution" means a resolution—(a)passed at a properly convened meeting of a corporation by a majority of not less than seventy-five percent of all the persons entitled to vote and representing not less than seventy five percent of the total unit factors for all the units; or(b)signed by not less than seventy-five percent of all the persons who, at a properly convened meeting of a corporation, would be entitled to vote and representing not less than seventy-five percent of all the total unit factors for all the units;"tenancy in common" means a holding of land where two or more persons have interests in the same land, accruing under different titles; or accruing under the same title, but at different periods, or conferred by words of limitation importing that the tenants are to take in distinct shares which are severable;"unanimous resolution" means a resolution supported by all owners of units;"unit" means a space that is situated within a building and described in a condominium plan by reference to floors, walls and ceilings within the building;"unit factor" means the unit entitlement of a condominium plan and indicates the share of an owner in the common property, common facilities and other assets of the corporation and is the figure which determines the owner’s contribution to the common expenses of a corporation and may be determined in accordance with the bye-laws of the corporation using such variables as the size of the unit, location of the unit and the view which the unit commands.
Part II – Division of building into units and registration of condominium properties
3. Division of building into units
4. Register of condominium property, etc.
5. Application of the Registration of Titles Act
6. Entering of interests on register of units, etc.
7. Common property
8. Subdivision of units, etc.
9. Change of use of unit
10. Condominium plan to conform to certain requirements
11. Condominium plan to be accompanied by certificates
12. Boundaries of units
13. Conversion of premises to unitsIf a building contains premises that are—
14. Copies of condominium plan for assessing rates, etc.
Part III – Easements
15. Incidental rights of owners of common property, etc.
16. Easements in favour of unit ownerAfter the registration of a condominium plan, there is implied in favour of each unit shown on the plan, in favour of the owner of the unit and as appurtenant to the unit—
17. Easements against owner of unit
18. Implied easements, ancillary rights and obligations
19. Liability of unit ownerThe owner of a unit shall only be liable in respect of an interest entered on the condominium plan in proportion to the unit factor for his or her unit.
Part IV – Management and use of condominium property
20. Establishment of a corporation
21. Functions of a corporation
22. Dealings affecting common property
23. Registration of transfers of common property
24. Voting rights
25. Voting where owner is incapable
26. Management board
27. Convening of meetings of corporationWhen a developer registers a condominium plan, the developer shall—
28. Annual general meeting
29. Managing agent
30. Rules of a corporation
31. Penalties under rules
32. Habitual offenders
33. Administrative expenses
34. Interest on outstanding accountA corporation may, if permitted to do so by its rules, charge interest at a rate set out in the rules.
35. InvestmentNotwithstanding section 21, a corporation may invest any funds not immediately required by it, in accordance with the Public Trustee Act.
37. Documents required
38. Exclusive use of areasNotwithstanding section 22, a corporation may, if its rules permit, grant a lease to an owner of a unit permitting the owner exclusive use of a part or parts of the common property.
39. Covenants benefiting parcelA corporation may, by a unanimous resolution, accept a grant of easement or a restrictive covenant benefiting the parcel.
40. Procedure for granting restrictive covenants
Part V – Dealings relating to units
41. Sale of units
42. Developer to hold money in trust
43. Termination of developers management agreement
44. Renting of units
Part VI – Miscellaneous
45. Maintenance of facilities shared by several corporations
46. Liability in tort
47. Damage to condominium property, etc.
48. Termination of condominium status of property
49. Effect of termination, sale or transfer, etc of condominium property
50. Dissolution of a corporation
52. Service of documents
53. Change of address for service
54. Offences and, penaltiesA person who fails to comply with section 37, 41(4) or 42(1) commits an offence and is liable on conviction to a fine not exceeding one hundred currency points.
55. Waiver, release, etc.
57. Amendment of schedulesThe Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedules to this Act
History of this document
23 February 2001 this version
Published in Uganda Gazette number 12
12 February 2001