ABSTRACT

Unit owners living in a condominium scheme are often obliged to accommodate their neighbours to a significant degree. The aim of a condominium development is to achieve social harmony in an intensely diverse community where the objects of ownership, the individual units, must be collectively governed. The unique characteristics of condominium ownership justify the conception that such ownership, despite numerous limitations, remains genuine. Condominium corporations should address violations of bylaws swiftly and consistently to prevent defences of waiver or selective enforcement. The prescribed bylaws for sectional title schemes contain a few sanctions for non-compliance. Several other European condominium statutes provide that a chronic offender may be prosecuted for certain crimes or misdemeanours, with public insult being the most prominent. The Spanish Law on Horizontal Property of 1960, as amended by the Law of 1999, contains a mechanism to suspend the residence of a persistent rulebreaker in the scheme.