This document is intended for informational purposes only. It communicates the current state of the Condominium Handover process for Bellavista to the Homeowners by Centum (aka Pearl Marina Estates Ltd).
Overview
As of Q1 2025, Bellavista Apartments have not been officially handed over to the Homeowners. This means Centum is currently violating Ugandan law because they are required to have handed over by this time. See specific laws below:
- A condominium corporation is automatically created when the condominium plan is registered with the lands office (Section 19 of the Condominium Property Act).
- The condominium corporation has statutory powers to manage and maintain the common property (Section 20).
- The developer is required to convene a condominium corporation meeting either within 90 days after the sale of 50% of condo units OR within 180 days after the sale of the first unit, whichever is sooner (Section 26). It is this law that Centum is currently disregarding.
Bellavista shared services are currently managed by Centum, which still retains control of the Bellavista Condominium Corporation. They collect fees and manage the vendors that provide security, cleaning, trash collection, landscaping, electrical, and plumbing maintenance.
There is an interim Homeowners Association (HOA) Committee selected by the homeowners during their first self-organized HOA meeting in Q3 2024. This committee provides support to Centum’s appointed estate manager in areas where Centum is willing to collaborate.
Present Challenges
Without Centum handing over, homeowners have no agency to manage the services the Condominium Association is created to provide. They are doing their best to give Centum feedback and ask for accountability, but Centum remains in control with little to no accountability to homeowners. Below is a list of outstanding issues due to this lack of accountability:
- Security lighting on the Bella Vista/La Perla road is absent, and Centum has not responded to requests on when or if they will be installed.
- Security guards have two months’ wages still pending from a three-month period at the end of last year when their employer didn’t pay them. Centum had paid the security company but has not responded to homeowners’ requests to manage the security company more aggressively.
- There are no reports on the status of collecting and spending HOA fees. This is critical because these fees fund maintenance, and transparency is necessary to ensure proper collection and expenditure.
Possible Ways Forward
The issue of Centum handing over the association to homeowners has been discussed multiple times. Below are three possible ways to address it. Except for Option A, these options require individual homeowners to volunteer time and resources to pursue action.
Option A: Maintain the Status Quo
Leave the current arrangement as is, allowing Centum to run the shared services to the best of their ability. Homeowners would stop raising this issue again and again on community groups and employ our limited volunteer capacity to influence matters since they do not control the HOA fee collection and spending process.
Option B: Pursue Legal Action
Take legal action to compel Centum to follow the law and officially hand over management of the property to the homeowners.
Option C: Form a Separate Legal Entity
Create an interim legal entity controlled by homeowners to manage the collection and spending of HOA fees. This entity could take over financial management, and when Centum runs out of funds for services, they may be more inclined to officially hand over the original Bellavista Association.
FAQs
Q: Bellavista is still in the development phase. Isn’t it too soon to ask Centum to hand over?
A: No. Once a developer hands over even one unit to a homeowner, the condominium is no longer legally considered in the “development phase.” At that point, Centum is also a homeowner for the unsold units and is required to hand over management per the Condominium Property Act.
Q: Do homeowners need to formally register an HOA legal entity before Centum hands over?
A: No. The condominium corporation already exists and should be handed over to the homeowners. However, homeowners could pursue Option C and register another legal entity if they choose.
Q: How is the interim HOA committee being compensated for their work?
A: In most condominiums in Uganda and globally, HOA committee roles are volunteer positions. They provide leadership and direction for the community and have the authority to hire a paid community manager and other staff for day-to-day management.
Q: What is Centum’s response to requests for handover?
A: In early 2024, the General Manager stated there was a plan to hand over, pending a certain number of units being sold. However, recent inquiries regarding handover and accountability for HOA fees have gone unanswered, with Centum ignoring emails and other communications from homeowners.
For updates to this page, please contact the HOA committee in the Owners-only group in the Pearl Marina Community.