What does Condominium ownership of property mean?

A friend of mine posted a question in one of the WhatsApp groups I’m a part of. “In the case of condominium ownership of an apartment building, who owns the land?” This seems like a simple question but you would be shocked by how little people know about condominiums. The answers that followed my friend’s question were not short of amusing. Someone even said that the owners of the bottom apartments should be the rightful owners of the land. Such misconceptions are held by a large number of people, and who can blame them? They have never interfaced with the concept of condominium property ownership.

To address some of the many misconceptions, I will start by quoting the law. The Condominium Property Act of Uganda 2021, under Section 1.f, defines condominium 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. What this means is that you, the owner of a condominium unit, are individually entitled to what is inside your Unit, although this excludes the structural elements that contribute to the standing of the entire building. A common rule of thumb is that you own everything on the inside of the internal wall and ceiling paint, and above the floor. This individual ownership is bona fide, and the owner can even mortgage it to a bank without needing approval from the other condominium association members.

However, the rest of the building is owned in common by all the members of the condominium association, and it is referred to as common property. Each member is entitled to the common property, which usually includes circulation spaces, parking, rooftops, and amenities like gyms, pet care centers and many more. The land on which the building sits is also considered part of common property. In some unfortunate scenarios, you may find one member dominating the use of a common space such as the rooftop simply because they live closest to it. This is wrong and the other members have the right to enforce equitable use of all facilities that are deemed as common property.

Ownership doesn’t have to be restricted to one part of the building. It can be comprised of different sections such as apartment, store, and basement, all located in different areas of the same building. The condominium title should clearly stipulate the various spaces that make up the Unit.

The next time you are faced with a similar question to that of my friend earlier mentioned, you have the answer.  To learn more about condominium properties in Uganda, visit https://www.barosgroupltd.com/

About the author;

Benard Sonko is a real estate investment manager and founder of Baros Group Limited. For comments and inquiries, you can reach him on +256742140251 or info@barosgroupltd.com