Chapter 398, The Condominium Act provides for the appointment of administrators and their functions, in article 15 and 16 respectively. The obligation to appoint an administrator lies in case there are 3 or more people living in the same condominium. If there are 3 people or less, the condomini shall agree to administer jointly. However, in case no appointment of an administrator is made, the matter shall be referred to arbitration.
The administrators appointed shall hold office for a period of 2 years, until another administrator is appointed. If the present administrator resigns, the person must hold a meeting to discuss the appointment of the new administrator. The Land Registrar has to be notified of all the appointments and changes, either by the administrator himself within 15 days from such appointment or any condominus.
The functions of the administrator are specified in article 16 of chapter 398 and they vary from taking minutes of all meetings to executing the decisions during such meetings. A record of the posting of notices and a copy of all notices must be kept within the same register as the minutes.
The administrator is also responsible for the regulation of the use of the common parts and the performance of services in the common interest. This entitles the administrator to perform necessary acts ensuring the preservation and protection of the common parts. During a meeting, the condomini have to decide under the direction of the administrator if there should be a floating fund set up. Therefore, it is the role of administrator to apportion the costs to collect as contributions and to claim or receive monies or interest. If common consensus is reached by all the condomini, the administrator is also under the obligation to provide for an adequate insurance protecting the condominium against damage and/or destruction. Finally, the administrator has the right to provide for any other acts which are ancillary/conducive to the proper management of the condominium.
To ensure transparency, accounts should be presented to the condomini at intervals as agreed during the meetings. The fees due to the administrator shall be decided upon during the meeting of the condomini. In case of revocation, any one or more of the condomini may refer the matter to arbitration requesting such revocation on the grounds that;
- the administrator has not rendered his accounts,
- that there are reasonable suspicions of serious irregularities on the part of the administrator
- that there are serious failures by the administrator in the performance of his duties.
This shall not be construed to be as advice but shall merely serve as a brief description of the role and appointment of administrators. If you would like to get to know more about this please do not hesitate to contact us on [email protected].