Non Payment of Communal Fees

Questions about living in properties with shared/common facilities
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bagsound
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Joined: 26 Feb 2014 14:45

Non Payment of Communal Fees

#1 Post by bagsound » 24 Jun 2015 15:06

Hello

We are a complex of 34 properties without Title Deeds.
We have a committee elected by the majority of residents/owners.
31 of the properties have signed individual contracts for communal maintenance with a registered maintenance company.
There are 3 non-payers who refuse to pay or sign any contract.
Who is responsible for persuing the non-payers and possibly taking legal action against them? Is it the residents committee or the management company?

Your advice will be much appreciated.

Many Thanks.



Nigel Howarth
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Re: Non Payment of Communal Fees

#2 Post by Nigel Howarth » 25 Jun 2015 07:57

Hello bagsound

Without having the details of the agreement between the Management Committee and the maintenance company, I cannot answer your question.

That agreement will specify the obligations of both parties.

(I haven't come across the situation before where individual owners contract with the maintenance company.)

Regards,


Nigel Howarth
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bagsound
Posts: 6
Joined: 26 Feb 2014 14:45

Re: Non Payment of Communal Fees

#3 Post by bagsound » 25 Jun 2015 12:11

Hello Nigel

Thank you for your response. There is no written contract between the Committee of our complex and the management company. The management company was chosen by the committee and recommended to all the residents who then signed individual contracts with the company.
Thought that this was normal procedure as another maintenance company who was not selected also stated the same requirement.
This then begs the additional question of "Should there be a written contract between our committee and the maintenance company despite individual contracts also being already in place"?

Thanks.



Nigel Howarth
Site Admin
Posts: 2238
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Non Payment of Communal Fees

#4 Post by Nigel Howarth » 25 Jun 2015 13:09

bagsound wrote:There is no written contract between the Committee of our complex and the management company.
There's the nub of the problem - no-one is responsible for collecting the management fees.

In other cases where the Management Committee contracts maintenance services, it has a written agreement with the company and there are no individual contracts with the home owners. In some cases the maintenance company is responsible for collecting the fees from the owners, in other cases the Management Committee collects the fees and pays the maintenance company.

I can't see an easy way for you to sort this out.

Regards,


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

bagsound
Posts: 6
Joined: 26 Feb 2014 14:45

Re: Non Payment of Communal Fees

#5 Post by bagsound » 25 Jun 2015 15:33

Thank you Nigel.

I guess there would be nothing to stop a short contract between the committee and the management company being created at this stage, if both parties are willing?

Wonder if anyone else has had this problem and would wish to comment.

Regards



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