Non payment of Service Charges - Role of the Developer

Questions about living in properties with shared/common facilities
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michelle22cat
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Non payment of Service Charges - Role of the Developer

#1 Post by michelle22cat » 06 Dec 2013 15:05

Hi,

We are having issues at the moment with non payment of service charges (13 out of 29 have not paid). The complex is managed by the developer.

Whenever we ask for names and addresses the developer won't provide the detail or details of who has not paid. I would have thought that we all have the right to understand who the owners, where they live and who has not paid.

Is the best way of obtaining names and addresses to contact the Land Registry, at least as a start?

A few of us are considering looking at the option of a management committee, hence needing names and addresses, but before we go down this route we would like the developer to sort this mess out. Under the Contract of Sale, the Developer is responsible for the maintainance of Common Parts and due to non collection of service charges this has not been great. Is it worth us trying to sue the developer for breach of contract or should we just abandon this and try the management committee route.

I am at the end of my tether, so any help would be appreciated.

Thanks

Michelle



Nigel Howarth
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Re: Non payment of Service Charges - Role of the Developer

#2 Post by Nigel Howarth » 06 Dec 2013 19:00

Hi Michelle

Unfortunately you may find it difficult to get the names and addresses of those who have not paid. A Land Registry search (see http://www.news.cyprus-property-buyers. ... /id=004888 ) will give you the names of the buyers and details of the property they purchased, but not their contact details.

Regrettably you are not entitled to the information as it's considered confidential.

A lawyer may be able to get the information from the Land Registry (particularly if they have good contacts) but as the information is confidential, there's no guarantee.

You need to take matters into your own hands and set up a formal Management Committee - you can find information on how to go about this in the English translation of the law that yo can find at http://www.cyprus-property-buyers.com/f ... gs-law.pdf . If constituted correctly the Committee will have the power to take action non-payers - and pursue them in the UK (or anywhere else in the EU) should it become necessary.

(I know that some Committees have employed companies to find non-payers - maybe someone else here can advise).

Regards,


Nigel Howarth
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