QN:

DISCUSS THE PRINCIPLES GOVERNING CONDOMINIUM PROPERTY AS ONE FORM OF

OWNERSHIP OF LAND IN UGANDA
INTRODUCTION

The term condominium is an invented Latin word because of joining two words ‘con’ and ‘dominium’. From
its Latin origin, the term translates as co-ownership. Under condominium, each owner holds title to his/her
individual unit, plus a fractional interest in the common areas of the multi-unit project. Each owner is free to
deal in his/her own property as he/she wishes. For example, one can sell, lease, charge or mortgage his or her
property.

Condominium is also defined under Section 2 of The Condominium Property Act, Cap. 234 as 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. The above definition is in line with Article 26 (1)1 which provides for the ownership of property
either individually or in association with others. Thus, under Condominium arrangement, a building can be
divided into several units individually owned though the land on which it is established is collectively owned.

Condominium Law, therefore, offers an opportunity for persons to individually own a percentage of the stock of
the corporation which runs the real; through having proprietary ownership of an apartment in one’s own right,
together with the common areas. Learned Author Cribbet 2 in the early years of the development of this concept
noted as follows; -

“He who owns a component termed as a unit in a condominium property is free to mortgage his own
unit as against the default of the other co-owners as no creditor or banker can foreclose on the entire
property.”

In Uganda, Condominium estates were originally understood as a form of real estate development that allows
individual ownership in a multiple unit building designated by separate ownership with a partial collective
sharing in the ownership of the common areas. Comparatively, in Kenya, it’s referred to as registered and
developed properties in strata, which facilitates registered units in high–rise buildings to enable unit owners,
who would otherwise be barred by the planning laws and regulations, to acquire strata titles by registering
architectural plans.

HISTORICAL BACKGROUND AND EVOLUTION OF CONDOMINIUM PROPERTIES

According to UNECE3 in its 2019 guidelines on the management and ownership of the condominium housing 4,
condominiums were born out of the transformation of the political and economic systems in Central and Eastern
Europe and Asia; following the collapse of the Soviet Union and the Berlin wall.

UNECE argues further that, these transformations necessitated a change in all sectors of the economy including
the housing sector to be able to catch up with the growing Marxist economies which saw the first Industrial
Revolution. Following the revolutions, many workers both professional and casual laborers left their home
villages to come and settle in cities where these Manufacturing Factories had been built.
1
The 1995 Constitution of the Republic of Uganda as amended
2
Cribbet (1963) Condominium Home ownership for Megalopolises cities: 16. Michigan Law. Rev. page 1207
3
UNCE- United Nations Economic Commission for Europe, set up in 1947 as a means of enhancing effective economic and technical expertise in the set
norms, practices, standards and conventions to facilitate Economic prosperity
4 th
ECE/HBP/198-United Nations Geneva 14 Nov-20202 at page 11
In the African context and particularly in Uganda; following the 1902 Order- in Council, many laws became
applicable to Uganda as a British protectorate. These included laws on registration of land, approval of building
plans under the public health laws and the country and town planning Laws, and statutes of general application
particularly those drawn from India. At this point in time, a large section of the economy was manned by
persons of Asian Extraction: The Late Hajji Nasser Ntege Ssebagala noted in 20185 as follows; -

a) Indian workers within the Ugandan economy often stayed near their businesses, they were seen as being
segregative who never wanted to intermingle with the natives in the villages. As a result of this, they
started constructing flats right above their residences as accommodation facilities while they worked and
traded on the ground floor. Those that did not want to stay in the CDB-Central District Business pushed
for the establishment of the Uganda National Construction Company in the early 1970s which set up the
first-ever semblance of Condominium properties in Uganda as the Bukoto Brown Flats and the Bukoto
White Flats.

b) Upon completion of their construction, the said initial housing estates in Uganda were largely bought and
occupied by residents of Expatriates and other High-Class natives, this was while the native Ugandans
who desired to live in such setups went to stay in Estates on leased properties in Nsambya Catholic
Housing Estates and more recently Naalya Housing Estates. The Ssebagala narrative is corroborated
further by the fact that before divesture of public assets, public parastatals had “flats” constructed for the
accommodation of their low-ranking staff like the Police senior staff barracks at Nsambya- Police
Barracks, and those for the Lecturers at ITECK6 and Makerere University Wandegeya Flats7.

c) In some cases, the estates were creatures of non-renewable leasehold interests. Most of these 49 leases
have since expired and the controlling authorities particularly for Nsambya Estates have not responded to
the applications for the renewal; leaving many occupants in uncertainty and disparity. Whereas these are
mostly bungalows, some of the occupants had converted their bungalows by developing them into storied
flat units to meet the growing demand for a decent accommodation within the Ggaba road cosmopolitan
hybrid dwellers8. In which places many prospective first-time homeowners are appreciating the need to
purchase a condominium as opposed to a fully-fledged standalone house.

The year 2001 saw the growth in the real estate business and the boom in private players like Jomayi, Akright
Estates, Kasulu Property Masters, and East Land Estates Agents caused cadastral sub-division of so many
properties largely sold to them by beneficiaries of the former deceased owners. Following the growing
extinction of these free plots, the original purchasers of the fragmented plots to meet the growing demands for
(03) descent and adequate housing and for purposes of maximizing utilization of the small spaces, are now
either by themselves or through joint venture investments now offering, developing and constructing
condominium units both for sale and renting to meet the growing demands by city dwellers 9 and the growing

5
Nasser Ntege Ssebagala (RIP) was a Ugandan Businessman, politician and family friend of the author who had a lot of knowledge about the Indian Business
model having worked with the first Indian Business men in Nakasero Kampala as their worker and later acquired or was vested with the First Blackman owned
supermarket at the expulsion of Asians called UNGATIC Ltd
6
ITECK is present day Kyambogo University Previously known as the Institute of Teacher Education.
7
See Fredrick Omolo-Okalebo and Hannington Sengendo perspective on city planning of post- independence Kampala: The Emergence of the Metropolitan
growth model and the Hexagonal cell.
8
See ALEX Matovu – Guest writer- Monitor News Paper June 2021- What you must know about Condominiums. //htpp-www.monitor.co.ug
9
Eran, BJ Gordon. D. (2000) Hexagonal planning in theory and practice: Journal of Urban Design Vol 5 No:3, coax Fax publishing: Oxford shire UK pages
237-256.
number of expatriates working in different segments of the labor, technical and diplomatic workplaces in the
metropolitan areas10 of Kampala which previously were composed of Kampala City, Mengo Municipality,
Nakawa Township and Kawempe Town but now composing of the original three counties that made up
Buganda of Kyadondo, Mawokota, Busiro and now covering Kyaggwe. All the land in the condominium project
is owned in common by all the homeowners. Usually, the exterior maintenance is paid for out of homeowner
dues collected and managed under strict rules. The exterior walls and roof are insured by the condominium
association, while all interior walls and items are insured by the homeowner 11.

The United Nations in 1965, while commenting on the continuous and impressing growth of the Central District
Business highlighted the need for considered planning efforts and firm policymaking to meet the standards of
the rising prosperity with the increasing standards of living, rapid population growth necessitated copying other
development models in valuing by which turned their huge suburbs 12 into Perry’s Neighbourhood units idea
combined with Raymond Uwin’s method of residential layout for houses combined in blocks as a symbol of
planned community13 which in Uganda we now call Condominium Estates.

LEGAL FRAMEWORK ON CONDOMINIUM PROPERTIES IN UGANDA

Condominium property is regulation by both international and domestic statues. Such include but not limited to
the United Nations Declaration of Human Rights UDHR 1948. It provides under Article 25 for the right to a
decent standard of living. International Convention on Civil and Political Rights ICCPR and The African
Charter on Human and Peoples Rights which all provide for the right to adequate living conditions, thus
affirming housing as a right, thus this may include the right to own a decent Condominium Housing Unit.

Domestically, the 1995 Constitution of the Republic of Uganda under Article 26 provides for the right to own
property individually or in association with others. A safeguard is created 14 that no person shall except in
accordance with the law and subject to adequate compensation be compulsorily deprived of any land or property.
Other laws include The Condominium Property Act, Cap. 234 and The Condominium Regulations of
2002, which were amended in 2012, which regulate condominium in Uganda, general laws on land, taxation,
ordinances of the area where the condominium maybe located.

CREATION OF CONDOMINIUM PROPERTY

The process begins with registration of a condominium plan in accordance to the Act15. And according to the
interpretation section of the Condominium Act, "condominium plan" means a plan registered in accordance
with this Act and includes a phased condominium plan”. Under Section 3 (1)16, the proprietor or developer
divides the building into two or more units and apply to the registrar who according to the interpretation section
is the Registrar Land Commission to register the condominium plan.

10
Alex Matovu (Supra) urges that such investors, in their attempt to satisfy the market demands of their prospective demand for residential houses have begun
to tailor their offerings to the reality that most people would rather own the apartment than rent it.
11
See Kyobutungi Dorothy, Land Use in Uganda, a Critique on the Ugandan Land Policy and framework, Maters Thesis for Kampala International University,
2013.
12
Frank Tumusiime (2014) Emerging Trends on Condominium Housing sector in Uganda (Unpublished)
13
See Eran, BJ Gordon (supra)
14
Article 26 (2) of the 1995 Constitution of the Republic of Uganda
15
The Condominium Property Act Cap. 234
16
Ibid
Under Section 3 (2) - (5) of the Act 17 set out the procedure of converting an existing building and they state
inter-alia that; (a) The plan shall be presented for registration with the Registrar in quadruplicate and to
indicate the number of units into which the building is divided. (b) Developer while developing the plan is
required to indicate whether the plan will be developed at once or in successive phases. (c) Where the plan is to
be developed in phases, it shall be known as a phased condominium plan. (d) Where it’s a phased condominium
plan Section 3 (5) obligates the developer to indicate the timetable at which development of the various phases
shall be undertaken.

Furthermore, under Section 10 (1) of the Act18, it’s the requirement of the law that the condominium plan must
conform to certain requirements, and where under Section 10 (2)19 it includes residential units, it shall to the
satisfaction of the Registrar include delineations of the boundaries of the areas that are to be leased or used by
each individual, unit owner and collectively with others as a unit Factor covering the common property, to this
End the plan shall inter-alia conform to: - (a) It’s heading to be described as a condominium plan. (b) A clear
indication of the deterioration of the external surface boundaries of the parcel and the location of the building
about them. (c) The plan should include a drawing illustrating the units and distinguishing the units by numbers
or other symbols. (d) The boundaries of each unit are clearly defined in the plan. (e) The approximate floor area
of each unit is clearly shown in the plan. (f) The plan is accompanied by the statement containing such
particulars as are necessary to identify the title to the parcel. (g) The plan is signed by the proprietor with an
address on which documents relevant to the corporation can be served in accordance with Section 54 of the
Act.

As noted above, every plan once put together as above, the developer is mandated under Section 10 C (h) to
ensure that the plan is accompanied by the certificates referred to under Section 11 of the Act, and these are: -
(a) A certificate of a registered surveyor confirming that the structure shown on the plan or any envisaged
projections are on appropriate appurtenance of the parcel including all easements indicated thereon, otherwise
that it fits well. (b) A certificate of the local authority (as you may know under Section 3 of the Physical
Planning Act Cap. 305, the whole of Uganda was declared a planning area) 20 showing that the proposed
structure or division of the structure has been approved by the local authority; in accordance with the law
regulating building construction. (c) Notably, it needs to be emphasized that where the proposal is in respect of
the Condominium plan that is to be brought under the operation of the Act, the plan shall, before it is registered,
be accompanied by a certificate of a registered Architect. (d) FORMS: Regulation 6 prescribes forms I part 2
of the second schedule as the form of the application.

Upon being satisfied with the presented application, under Section 5 (1) of the Act, the Registrar shall close the
part of the Register relating to the parcel described in the plan and upon a separate part for each of the unit
described in the plan and shall upon the payment of the prescribed fee issue a certificate of the title in respect of
each unit.

17
Ibid
18
Supra
19
Supra
20
The physical planning Act Cap. 305, Section 3 thereof declared the entire country a planning area and the act applies to the entire country in all aspects
(Section 11 (3) (a) and (b) of the Constitution confirming the architectural and integrity of the proposed plan or indicating that the intended units indicated on
the plan correlate with the existing structure.
According to Section 5 (2) of the Act, a certificate of title issued 21 though not a form of Tenure reserved under
Article 237 of the Constitution22 shall under be deemed to have been issued under the Registration of Titles Act
and it’s for all purposes and intents conclusive evidence of ownership 23, indefeasible and only void for fraud
under Section 77 of the RTA and illegality under Section 97 of the RTA24.

The condominium title takes the form I of schedule II as preferred in the third schedule. In the case of Mwebesa
and 3 others v Shumuk Springs Development Ltd and 3 others 25 it was indicated that the plaintiff at all times
was the proprietor of the land and property compromised in LRV 131 Folio 1; Plot 2 Colville Street, Kampala,
…transformed and comprised of 92 condominium units duly registered with each having own respective
certificate of title.

A proprietor of a condominium title shall under Section 5 (3) of the Act be at liberty to transfer, lease, charge, or
otherwise deal with the unit in the same way as land held under the RTA; and he can also create 3 rd party
interests. See for instance, National Housing and Construction Ltd v. T.N Bukenya26, where it was held that;

“A landlord (in this sense the owner of the condominium unit) remains with the prerogative to
negotiate with the occupant of the flat as to the terms of the sale under the condominium law and
that court would not interfere with a landlord’s right over his or her property…. (Emphasis added)”.

Subdivision of the unit, under Section 8 (1) of the Act it’s possible for a unit owner with the approval of the
local authority to subdivide the unit or consolidate his/her unit by registering with a registrar of titles a
Condominium plan relating to the unit intended to be subdivided or consolidated, and in the application, he is
required under Section 8 (2) of the Act to clearly, highlight the intended major necessary modifications to a
subdivision and or consolidated units and upon acceptance of the registration of the modifications, the original
condominium unit shall be cancelled and replaced with the newly issued plan.

Under Section 9 (1) - (3) of the Act change of use of the unit is allowed subject to the unanimous approval to
consenting to a change by the corporation. The change in use must be endorsed by the planning authorities
before the registrar entertaining it on the Register and where the change in use results in modifications to the
Condominium plan, the user shall move the Registrar to register a modified condominium plan of the
condominium plan that had originally been registered under Section 4 of the Act.

Its worthy noting that where a unit owner creates 3 rd party interests under Section 6 (1) and (2) of the Act, it
shall upon lodgment for registration; be entered as encumbrances on the unit’s certificate of title and also
endorsed as a separate part of the certificate of title in so far as and or to the extent of the unit factor.

A unit factor is defined under Section 2 of the Act as the unit entitlement of a condominium plan which
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

21
Under Section 4 of the Condominium Property Act, Cap. 234
22
1995
23
Section 59 of the Registration of Titles Act Cap 240
24
Cap 230. See also C.R Patel v Commissioner Land Registration and others HCCS NO.87 of 2009 on indefeasibility of title.
25
Civil Suit No. 126 of 2009.
26
C.A No. 02 of 2009
be determined in accordance with the byelaws of the corporation using such variables as the size of the unit,
location of the unit and the view which the unit commands.

THE FEATURES OF A CONDOMINIUM PROPERTY

The key features of the Condominium Property Act are enshrined under the various sections; Division of
building into units and registration of condominium properties (Sections 3 – 14); easements (Sections 15 – 19);
management and use of condominium property (Sections 20 – 40); dealings relating to units (Sections 41 –
44).

Therefore, the key features are as highlighted hereinafter;

a) Division of the Building into Units:

This is provided for under Section 2 of the Act and it requires a proprietor or developer27 to divide the property
into two or more units and must have a condominium plan which shall in quadruplicate presented to the
registrar, indicating number of units into which the building 28 is divided and if the plan is to be divided in
phases, the indicate a time table for the development of various phases.

b) Registration of the Condominium Property:

Like stated herein, a condominium status of any building or planned building starts with registration. Before
registration, however one must first obtain approval of the Condominium plan from the relevant local
authorities. The considerations for approval differ depending on location but include legitimate architectural
drawings and civil structural plans.

Particularly, on registering a condominium plan, the Registrar;

 Shall cancel the certificate of title to the parcel described in the plan, except as to any mines and
minerals comprised in it, and;
 Shall issue a separate certificate of title for each unit as it is provided for under Section 4 of the Act
and as described in the plan, and any interests affecting the parcel that are noted on the certificate of
title cancelled.
No more than one unit may be included in one certificate of title and no other land, except the owner’s share in
the common property, may be included in the same certificate of title with a unit.

c) Common property:
The Registrar, in issuing a certificate of title for a unit, certifies on it the owner’s share in the common property.
Common property does not belong to any one instead they are used in common by the owners of the units. In
other words, it is equally owned and therefore the owners will use it equally and contribute equally to the
maintenance of common property. The common property comprised in a registered condominium plan belong to
the owners of all the units as tenants in common in shares proportional to the unit factors for their respective

27
According to Section 2 of the Condominium Property Act Cap. 234 “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;
28
Building according to Section 2 of the Condominium Act " 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.
units. Except as provided in the Act, a share in the common property shall not be disposed of or become subject
to a charge except as appurtenant to the unit of an owner and a disposition of or charge on a unit operates to
dispose of or charge that share in the common property without express reference to it. Common elements
generally include; walkways, driveways, lawns and gardens, lobbies, elevators, parking areas, recreational
facilities, storage areas, laundry rooms, stairways, plumbing, electrical systems and portions of walls,
ceilings and floors.

NOTE: Parts of the common elements may be designated for the exclusive use of one or more of the individual
unit owners, in which case these are called limited common elements (or limited common property). In other
words, they are limited for the use only of specific owners. Examples would include; parking spaces, roof
gardens, balconies, storage lockers, front and back yards

d) Boundaries of the unit:

Section 12 of the Act provides for the boundaries of the unit and they 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 including any lath and plaster, panelling, gypsum board panels,
flooring material that is attached, laid, glued, or applied to the floor, wall or ceiling as the case may be .
Furthermore, under Section 12 (2) of the Act, all doors and windows of a unit are part of the unit unless
otherwise provided in the condominium plan.

e) Sub division of a unit.

Under Section 8 of the Act, after acquiring a unit, a unit owner who desires to sub-divide his or her unit or
consolidate two or more units may only subdivide or consolidate after obtaining approval of the local authorities
of the area where the condominium is located. After obtaining the approval, he or she is also required to register
with the Registrar of titles a modified condominium plan relating to the unit intended to be subdivided or
consolidated.

f) Easements.
Easements are provided for under Part iii of the Act and Sections 15 to 19 of the Act. They include rights
incidental to owners of the common property under Section 15 (1) (a) - (d) of the Act which among other
things include support, shelter, protection, passage or provision of water, sewerage, drainage, Gas- electricity,
garbage, and air. Mulalira Faizal Umar opines that they also include allowing passages that enable ICT and
communication like telephone, radio and television services because of the use of digital migration systems that
we adopted by Uganda in 2013 like decoder cables and ICT wires, which every unit owner must ensure that his
other co-owners are afforded reasonable support to use and enjoy29.

MANAGEMENT OF CONDOMINIUM PROPERTY

Under Section 20 of the Act30, it establishes upon registration of a Condominium Plan, in respect of an existing
building or structure or a corporation which shall inter alia include; -(a) Operate as a Condominium plan No
_____________. (b) Consist of persons who own units in the parcel to which the plan relates; (c) Has a
perpetual succession and a common seal and can sue in its corporate name. See for example the case of
29
Condominium law and practice in Uganda; understanding the practical aspects and its implication to right to housing in the growing cities.
30
The Condominium Property Act, Cap. 234
Elbaum v York Condominium Corporation, where the corporation was successfully sued for failure to
enforce by-laws against miss handling pets resulting into endangering others.

The major functions of the corporations under Section 21 of the Act inter-alia include but are not limited to:-
enforcement of its bye-laws, keeping the common property in a state of good repair, establish and maintain a
fund for the administrative expenses determined by the corporation for purposes of maintaining the common
property, payment of insurance premium, rent property rates, and or discharge of any further obligation: under
Section 21 C (6) of the Act the board shall also hear complaints from aggrieved members of the corporations.

The Corporation under Section 21 (d) of the Act is further charged with further ensuring levies of contributions
on the portions of unit entitlement, undertake necessary external improvements on the property, comply with
directives of local authorities or planning board in respect of any building or improvements on it, submit new
plans in case of any alterations or to the Condominium plan.

As regards to the external general appearance of the buildings and the common areas, the corporation is
enjoined under Section 20 (3) of the Act to keep the property in a good state of serviceable repair and properly
maintain the immovable properties of the corporation and shall comply with the directives of the local
authorities on proposed repairs like KCCA directive on paving and painting.

Under Section 30, 39 of the Act, the corporation is empowered to make rules to provide for the management of
the units and the property of the corporation which rules may be amended or revoked by a special resolution; the
law envisages all those unit owners and their defendants or licensees entertained on the Condominium property
enter as guests or for any reason of whichever description, are to be bound by the rules of the corporation.

All Condominium corporations are under Section 50 (1) of the Act31 required on application by the corporation
or owner of a unit to appoint a managing agent. This Agent is under Section 21 (5) of the Act a representative
of the board who attends to the day-to-day management of issues that may arise within the condominium
property; these may include simple fixes like plumbing works.

CONDOMINIUM PROPERTIES AND OCCUPIERS LIABILITY

An occupier is a person who is in control of a piece of the land such as a tenant. 32 Occupier’s liability on the
other is a field of Tort law, where an occupier of property either through ownership or lease has a duty of
care to protect his entrants on the premises. Liability usually arises from accidents caused by the defective
or dangerous condition of the premises. Under Section 19 of the Act, the 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.

Occupier’s liability in Uganda is a creature of case law. This is because there is no specific statutory law on
Occupier’s Liability. The principle of “slip and Fall”33 are applicable in respect of private unit owners but
also as against the condominium corporation where the corporation fails to maintain the main common areas
and other condominium corporation properties in a reasonably safe condition, it is liable for damages or
injuries that a person incurs on-premises. Liability may as well arise in claims of nuisance for improper use of
31
Under Section 21 (4) of the Act; A corporation may by a special resolution, acquire or dispose of an interest in immovable property.
32
Black’s Law Dictionary 9th Edition.
33
“Slip and Fall” is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of
another and, as a result, suffering injury.
premises.

In Elbaum Vs. York Condominium corporation34, the supreme court of Ontario heard a matter where
Elbaum, a unit owner was walking on a common element when another unit owner’s dog which was
unattended to attacked her causing her to sustain injuries, the condominium corporation by-laws had posted
signed that dogs were to be leashed at the owner’s “risk”. The plaintiff alleged that the Condominium
Corporation and unit owners had failed to create and or adequately enforce rules that would require that dogs
be kept on a leash and that unit owners control their pets at all times when on common elements thus
endangering by-passers. It was held that both the unit owner and the condominium corporation liable under
occupier’s liability.

Therefore, Corporations will not escape liability where they fail to initiate and implement restrictions on
keeping pets like dogs on the Condos, which seem to endanger other peoples’ lives and promote nuisance
within the Condominium property.

Liability will also rise against the corporation and individual unit owners for mismanagement of the project,
misuse of common elements and failing to ensure a healthy and safe environment. This may result from
misuse of common recreational facilities like swimming pools, gyms, gardens among others. In Mackay vs.
Metropolitan Toronto Condominium Corporation No. 985. Owners of a unit successfully sued the
corporation in a claim for breach of their duty to maintain and repair common elements after smoke
contamination. Court agreed and held that the smoke from the steps and air leaks in the units and
transmission to be nuisance an abuse to the right to a clean and health environment.

In a recent decision of RE: Halton Condominium Corporation No. 77 Vs. Vily Mitrovic35, court held that;

“Failure to put a face mask while in the interior of common elements when not exempted for
medical reasons, amounted to breach of by-laws of the Red Zone Halton’s Corporation.”

Much as the Act is silent about liability for fire, one can comfortably assert that whoever causes fire among the
Unit Holders is responsible for the fire safety in the unit. In City of Toronto Vs. York Condominium
Corporation No. 6, an owner of a unit, which did not have a fire, detector and the corporation were charged
for failure to have fire detector under the Fire Code Act. Implying that an owner of a particular unit who puts
the lives of other occupants or their authorized guests may not escape claims under occupiers’ liability.

ADVANTAGES OF CONDOMINIUM PROPERTIES.

1. There is Minimal maintenance costs.

2. Research has indicated that Condos have resale value.
3. For those in Diaspora, Condos are much desired for they act as a safe guard against land fraudsters and
ungrateful relatives who time and gain who divert their construction money for their benefit.
4. Condominiums helps foreigners to beat the draconian laws that limit foreigners from owning land
under certain categories of land tenures.36
5. Condominiums promotes better land utilization.
34
2014 ONSC 11.82 (can L11)
35
(2021) ONSC-2071
6. Condominiums have built-in amenities, and convenient locations and designs.
7. There is also a wide price range, depending on the features, level of luxury, and location.
8. Condominium ownership appeals to active young singles, couples with or without children, and pre-
retirement and retired couples or singles.
DISADVANTAGES OF CONDOMINIUM PROPERTIES:

1. The restrictive nature of covenants, codes of conduct, and guidelines set out in the bylaws of the governing
corporation also tend to scare away many people who want to buy properties and enjoy their peace of mind.
2. People live closer together, thereby potentially creating problems from time to time; frequent problem areas
include the pets, parking, personality, parties, and people.
3. Flexibility may be affected if circumstances require that the condominium be sold in a limited time, as
condominiums generally sell more slowly than single-family houses.
4. Money is tied up in the condominium ownership, which may affect immediate liquidity needs in certain
circumstances.
5. One could be paying for maintenance and operation of amenities that one has no desire or intention to use,
e.g. swimming pool, recreational center, etc.
6. Management of the condominium council is by volunteers, who may or may not have the appropriate
abilities, skills and personality.
7. There is possible apathy of owners, so that it is always the same people who are able and willing to serve on
council.
8. Some elected councils behave in an autocratic fashion.

OTHER LIMITATIONS making the entire concept of Condominiums unpopular among Ugandans include;

9. The cosmopolitan nature of Uganda as a country having different tribes, each preferring to settle along
tribal and cultural lines.
10. Financial affordability segregation makes Condominiums not to work for the average Ugandans because
most of the developers are targeting rich Ugandans who can afford them, which makes the idea of owning a
condominium very unlikely.
11. Poverty and the high Cost of affordability coupled with the cost of construction in absence of long-term
financing options and unregulated interest rates on home loans and mortgages remain a big challenge in the
development of condominium estates in Uganda.
12. Limited awareness of this law into the masses and the nonprofessionals that it purports to seek to provide
decent housing, Ugandans need to change their attitudes among others.

TERMINATION OF CONDOMINIUM PROPERTIES

Sections 25 (2), 48, 49 and 50 of the Act do provide for termination of condominiums and the corporation. A
condominium may terminate upon lapse of the lease period in case of condominiums seated on leases or upon
the developer wishes as such and having all the units vested in him. In this case, a notice is presented of

36
Article 237 (2)(c) of the 1995 Constitution of the republic of Uganda and Section 40 of the Land Act Cap. 236; foreigners can only own land under
freehold tenure.
termination under the prescribed form as set out under Regulation 2437, form number 1 in the 5th schedule to
the regulations.

Under Regulation 1438, on termination of the condominium status of the property and subsequent transfer of the
property, the Registrar shall enter on the relevant register of condominium plans a notification of the
cancellation of the plan and indicate on any relevant register that the condominium plan has been cancelled.

CONCLUSION

Conclusively, a condominium is a system of separate ownership of individual units within a multiple-unit

building. Each unit owner holds title to their specific unit and also has a fractional interest in the common areas
of the property. The remainder of the property (common areas) is designated for common ownership by all unit
owners. Under condominium ownership, each unit owner has the right to deal with their property independently.
This includes selling, leasing, charging, or mortgaging their unit. The land on which the building stands is
collectively owned, but individual units are separately owned. The Condominium Property Act of Cap. 234
governs condominiums in Uganda.

BIBLIOGRAPHY

1. The 1995 constitution of the Republic of Uganda as amended.

2. The Condominium Property Act, Cap. 234.
3. The Condominium Property Regulations, 2002 as amended.
4. The Registration of Titles Act Cap. 240.
5. The Land Act Cap. 236.
6. The United Nations Declaration of Human Rights UDHR 1948.
7. International Convention on Civil and Political Rights ICCPR.
8. The African Charter on Human and Peoples Rights.

9. Danielson L. (1966) A residential unit: United Nations-Kampala Mengo Regional planning study No.8
(Ministry of Regional Administration, Kampala).
10. Safier, AH: (1964) Recommendations for Urban Development in Kampala and Mengo Report No.
TAO/Uganda/01
11. Ramsey (1961) Condominium. The new 100k in corporations. Oxford University press
12. Gilbert (1963) Condominium homeownership for monopolesis, cities; Michigan Law Review
13. Condominium law and practice in Uganda; understanding the practical aspects and its implication to right
to housing in the growing cities; Article by Mulalira Faisal Umar.

37
Condominium property Regulations, 2002 as amended.
38
Ibid