Management of communal pool and surrounding area

Questions about living in properties with shared/common facilities
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Ian
Posts: 3
Joined: 24 Sep 2009 16:17

Management of communal pool and surrounding area

Post by Ian »

Hi Nigel,

We have a complex of 14 houses surrounding a communal pool with toilets and showers that is currently managed by the developer.
None of the residents have acquired their deeds.
We all feel the management charges are excessive and have voted in, but not registered, a committee.
The developer has no objection to the residents managing the pool and communal areas and has offered to assist.

All we need is a simple step by step guide to taking over management of a communal pool and its surrounding area.
We have read “Part 11A Buildings Under joint Ownership”
We have talked to our Municipality.
We have talked with our Developer.
We have received conflicting and confusing guidance.
Please can you assist?

Also do you know of a complex that has successfully taken over management of a communal pool and its surrounding area?
If so did they need a lawyer?



Kind regards,

Ian
Nigel Howarth
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Posts: 2911
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Management of communal pool and surrounding area

Post by Nigel Howarth »

Hi Ian and welcome to the property forum,

One of the problems of not having your Title Deeds is that your committee will have no legal standing. To be a legal entity you need to be registered at the Land Registry along with your regulations - but you cannot do this without your Title Deeds.

CORRECTION TO THE ABOVE. PLEASE SEE viewtopic.php?f=18&t=405&p=1425&hilit=dagetu#p1425

Although this may not seem a problem, it will become an issue if (or rather when) someone refuses pay their dues. If you were a legal entity, the committee could take the offenders to court and obtain a judgement. You may also run into difficulties if you try to open a bank account for the committee.

For this approach to work, you'll need some form of legal agreement between the committee, the developer, and the residents - and I feel the only way you'll be able to do this is through the services of a lawyer.

Also, take a look at the Jointly Owned Buildings Law of 1993. This contains a set of standard regulations that you could as the basis for your committee along with some other information that you may find useful about running the committee, etc.

Regards,
Nigel Howarth
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