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25th February 2024
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HomeJointly Owned BuildingsNew Bill for Jointly-Owned Buildings

New Bill for Jointly-Owned Buildings

In order to avoid misunderstandings, we have to admit that there is currently relevant legislation regulating jointly-owned buildings, which, however, is not without significant shortcomings.

First problem: Quite often there are difficulties in collecting common expenses from late-paying owners. In order to collect, a claim through courts must be launched, through civil action, something which is both a time-consuming and costly procedure, for any Management Committee, (MC), to embark on.

Fines

With the recently-introduced bill, which is currently under discussion in the House of Representatives, the MC can impose a fine on an owner who owes common expenses.

The new Authority that will be created at the level of the municipalities concerned (the Authority) will be in a position to impose a management fine on an owner. The Authority shall be able to sue a non-payer by filing a civil or criminal case.

In order for the defaulters to present a defence in the civil action, they will first have to pay the utilities they owe, either to the court clerk or to the MC., and then have a lawyer prepare a defence.

MCs will be in a position to exercise the right to limit the defaulter’s rights, barring the option of limiting access to the defaulter’s property.

This provision of the bill begs for further explanation. Namely, what exactly will the MC be allowed to do to exercise pressure on the defaulter to pay? With the new bill, the Land Registry will require a certificate of payment of common expenses befor