AN OVERVIEW ON THE LAW ON CONDOMINIUMS-RWANDA
In Rwanda, Law N°15/2010 of 07/05/2010 provides for the creation and organisation of Condominiums and setting up procedures for their registration.
This Law defines a Condominium as a type of joint ownership of real estate in which portions of the property are commonly owned and other portions are individually owned.
The scope of this Law includes:
I. recognition of co-ownership in a condominium;
II. management and administration of a condominium;
III. relationship between owners under a condominium;
IV. registration of a condominium and units thereof.
The Law under Article 4 also describes in detail what comprises a Condominium. A condominium is established by co-owners or upon request by a public institution in charge of housing promotion, when conditions of a condominium are met.
The Law equally provides for the establishment of an association of condominium owners whose functions include maintenance, development and repair of common elements in the condominium or changes to the exterior of the units or any other change that can affect all or part of the condominium, provision of communal services to members of the association and representation and protection of the interests of the members of the association.
Owners’ rights
Owners of units in a condominium have the right to sell, lease, mortgage, transfer or use them in any lawful business transaction.
The Law also provides for instances when owner’s rights is limited. Owners of non-residential premises have the right to carry out entrepreneurial activities within the premises they own on condition of their observance of legal provisions, sanitary norms, fire-prevention norms and others. They should not undermine the rights of other co-owners and should observe the provisions of Articles of the Association. However, the Articles of the Association may constrain the right of use in relation to non-residential units within the condominium which are the property of the members of the association when such constraint is justified in terms of protecting the rights and interests of other co- owners.
Registration
Each co-owner in a condominium shall have his/her unit registered and is issued a certificate of registration. The format of that certificate shall be determined by the Registrar of Land Titles. The Registrar of Land Titles shall also determine, prepare and keep the Register of condominium titles. The condominium register shall consist of series of registers, each relating to one (1) unit.
Caveats
Regarding Caveats, The Registrar of Land Titles shall, in the case of caveats or inscriptions appearing on the register of title to the unit in the condominium and he/she is satisfied that such caveats or inscriptions affect only a particular unit, endorse such caveats or inscriptions on the register of title to the concerned unit. Where the Registrar of Land Titles is unable to ascertain to his/her satisfaction the caveats or inscriptions which affect the particular units, he/she may, instead of setting out or summarizing them, attach a statement to the effect that the unit is subject to the caveats or other inscriptions in the register.
A Ministerial Order by the Minister of Lands shall determine the fee charged for any condominium registration, inscription, caveat, transfer, opening of a new register or lodgement of notification.
The Law has extensively covered the establishment and administration of a condominium, rights and obligations of Co-Owners in a Condominium to of a Condominium and its Units.