Condominium Property in Uganda
Condominium Property in Uganda are a type of living housing property similar to apartments but independently sellable, owned and considered as real estate. A condominium property for sale in Uganda comes with a title. In Uganda Condominiums are trendy and turning to be more popular due to the fact of better land utilization, price competitiveness, built-in amenities, convenient locations and friendly terms of purchase.
Condominium also shortened as Condos mean 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 for common ownership solely by the owners of those units. Condominium owners jointly own shared common areas and facilities like pools, garages, elevators, outside hallways and gyms and many more. While condos and apartments are largely look alike in structures, they differ in ownership.
Condos in Uganda are regulated by the Condominium Property Act No. 4 of 2001 enacted on 23rd February 2001 and Condominium Property Regulations the regulations enacted on 26th April 2002.
The purpose of the act and regulations were to provide for the division of buildings into units and common property: to provide for individual ownership of those units by issuance of certificates of title in relation to the units as tenants in common; and to provide for the use and management of the units and common property and for the connected matters.
Examples of condominiums include Bugolobi flats, Bukoto flats, several flats in Nalya, Lubowa on Entebbe road and many other areas in and around Kampala.
2.0 Salient Features of the Condominium law.
a) Division of building into units
Section 2, requires that a proprietor or developer of condominium property to divide the property into units and must have a condominium plan which shall be presented for registration in quadruplicate and shall indicate the number of units into which the building is divided and if the plan is to be developed in phases, the developer shall indicate a time table for the development of the various phases.
b) Creation of title for each unit
Section 4 of the Condominium Act provides that every purchaser of condominium property be issued with a certificate of title for the unit purchased accompanied with the respective condominium plan and sale agreement because it is upon this that the transfer is effected in the purchasers names.
c) Common property
Section 6 provides for common property which does not belong to any specific unit and which is used in common by the owners of the units and includes land on which the property is situated, support structures, infrastructure and services. In other wards this is property/ common area that is shared by the unit holders and tenants share this property in equal proportion. And therefore the parties shall use this common property equally and
also contribute equally for the maintenance of common property.
d) Boundaries of the unit
Section 11 provides for boundaries of the unit are described by reference to the floor or ceiling or where a wall located within a unit is load bearing wall, the only portion of that floor, wall or ceiling as that case maybe that forms part of the unit, the boundary shall be the finishing material that is in the interior of that unit including any lath and plaster, paneling, gypsum board panels, flooring material or coverings or any other material that is attached, laid, glued, or applied to the floor, wall or ceiling as the case may be.
e) Rights of owners of common property
Section 14 provides for the rights of owners of common property to include support, shelter and protection: passage or provision of water, drainage, gas, electricity, garbage and air; passage or provision of telephone, radio & television services and any other service of whatever nature. Each unit holder shall has a right to full, free and uninterrupted access and use of light through or from any windows, doors or other apertures existing at the date of registration of condominium plan.
f) Liability of the unit owner
Section 18 provides that owner of a unit shall only be liable in respect of any interest entered on the condominium plan in proportion to the unit factor for his or her unit.
g) Management and Use of Condominium Property
Section 19 provides for the establishment of a corporation which is responsible for the enforcement of its bye laws and the control, management and administration of its movable and immovable property and the common property. This corporation shall have perpetual succession and a common seal and shall sue or be sued in its corporate name. Suffice to note is that Companies Act shall not apply to this kind of corporation.11 It seems that such
corporation is yet to be established formally.