Non Fee payers - the continuing battle

Questions about living in properties with shared/common facilities
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digit
Posts: 9
Joined: 20 Jun 2016 15:04

Non Fee payers - the continuing battle

Post by digit » 10 Jun 2018 14:45

Our General Agreement states that non fee payers may not bring vehicles on to the complex or use any of the facilities. Obviously this is ignored. We threaten to clamp any vehicles bought on to the site by the non payers. If we actually did that do you think that the police would then side with the non fee payer? In other words would this be illegal even on private property. We are not trying to "fine" anyone which is where Hermes came unstuck but purely get our rightful dues. We also need a security company that would be willing to be available for call out to remove people using the facilities when not paying. We are trying not to break the law ourselves but it is very difficult when there is little real action we can take against these freeloaders



Nigel Howarth
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Re: Non Fee payers - the continuing battle

Post by Nigel Howarth » 11 Jun 2018 08:38

Hi digit

By 'General Agreement', I assume you are referring to the 'Regulations' as described in 'Section 38 Buildings Under Joint Ownership' of the 'Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993' an English translation of which can be found by clicking here - and that those amended regulations have been registered with the Department of Lands & Surveys.

You need to take legal action against the freeloaders. If the action is successful, a court order will be issued enabling your Management Committee to register a charge against the properties owned by the freeloaders for the money owed plus legal expenses and court costs.

I suggest your Management Committee reviews the law to see what other action it can take.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
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digit
Posts: 9
Joined: 20 Jun 2016 15:04

Re: Non Fee payers - the continuing battle

Post by digit » 11 Jun 2018 13:27

Hi Nigel,
Yes the agreement is as you state. The problem with what seems to be the only legal course of action is that it costs money that we haven't got to go to lawyers and even when you get a judgement it could be years before it made a scrap of difference to the offending owner and maybe never would.
I see that an MP tried to get a bill through parliament to address this in 2012 but I assume that that is dead and buried long ago.
Regards
David



Nigel Howarth
Site Admin
Posts: 2275
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Non Fee payers - the continuing battle

Post by Nigel Howarth » 12 Jun 2018 09:35

Hi digit

The law is useless! It only works when people are prepared to pay. I'm not sure what you are proposing is legal. But if it is possible to call a general meeting you could amend the Regulations to include the clamping of vehicles brought onto the complex by non-payers and forcibly remove non-payers from the shared facilities.

But I suggest you get legal advice on the best way to deaal with these issues.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

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