Common Costs

Questions about living in properties with shared/common facilities
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Bewildered
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Joined: 19 May 2014 16:55

Common Costs

#1 Post by Bewildered » 20 May 2014 10:03

Help needed please regarding common costs.
We have had a holiday flat in our complex for many years. The common costs were initially collected via the developer. Some 8 years ago certain owners decided that the costs were too high and that the complex would be better served by a own management committee. We were advised that this was all being done legally.
It has now been discovered that this was not the case as we believe not the required 75% of owners consented, the Committee was not registered , the common areas have never been insured and within a short space of time all the members of the committee had resigned for various reasons. All this information has been taken from papers secured from the solicitors acting on behalf of the Committee.
Since that time the majority of owners have never paid their common costs. Until now the pool, being the most used common facility, has been maintained by funds from those few owners actually paying the common costs with regular shortfalls being borne by a very conscientious Cypriot owner out of his own pocket!!

My questions are - where on earth do we now stand –
1 -the situation regarding the shortfall cannot be allowed to continue and there are no longer enough funds remaining to maintain the pool. If it is drained it becomes a safety hazard and if left untreated it becomes a health hazard.
2 – the buildings are not insured
3 – there is no management committee & none of the owners are interested in forming a committee as most are mainly absentee owners.

HELP – just HELP. Is there such a thing as an administration company that would undertake to act as a management committee and resolve all of the above??



Nigel Howarth
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Re: Common Costs

#2 Post by Nigel Howarth » 20 May 2014 17:30

Hi bewildered and welcome to the forum.

What a mess! Here is an extract from the Department of Lands & Surveys Citizens' Charter:

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2.8. MANAGEMENT OF JOINTLY- OWNED BUILDINGS
  • All jointly-owned buildings must have a management committee which regulates and manages all relevant affairs.

    The owners of all units contained in the building shall participate in the expenses, which are necessary for the insurance, maintenance, repair, restoration and management of the jointly-owned property.

    The proportion of the share of each joint owner in the expenses is prescribed by the Regulations based on the area of each unit.
    The regulations are deposited at the Lands Office of the District, where the jointly-owned building is situated, and are registered by the Director with an entry made in the Land Register. These regulations regulate the relations among the owners of the units, determine their rights and obligations and should also make provision for the control, operation, administration, management and enjoyment of the units and of the jointly-owned property.

    Where no Regulations have been prepared, the standard regulations shall apply which are available at the Department’s webpage http://www.moi.gov.cy/dls.

    The Director of the Department of Lands & Surveys has the power and/or the obligation to intervene in matters concerning the management of any jointly-owned building only upon an application lodged with any District Lands Office and upon payment of the relevant fees by the applicant/owner of any unit.
In an effort to assist both the owners of the units and the management committee, the Department of Lands & Surveys has prepared application forms concerning any of the matters listed below. These forms are also referred to any other documents which must be attached to the relevant application:
  • Appointment of Temporary Management Committee

    Appointment of Management Committee

    Registration of regulations

    Estimation of the area of the units

    Determination of the share allowed to each unit

    Convening a General Meeting of the owners of the units
-------------------------------------------------------------

In this situation I think the best course of action is for someone to approach the the Director of the Land Registry in Paphos to intervene.

Regards,


Nigel Howarth
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