Mangement committee registration

Questions about living in properties with shared/common facilities
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pauline
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Joined: 26 Oct 2009 17:04

Mangement committee registration

#1 Post by pauline » 29 Oct 2009 16:08

Hi ,
I have searched your forum and have had many of my questions answered so thanks.
The one remaining question: Is it a legal requirement for a Management committee to register at Land Registry?(Paphos)

I own a property on a small complex all owners recieved their title deeds within 3 years and we decided to set up our own committee. This management agreement was checked by a lawyer and deemed in order.In accordance with Property Law we tick most of the boxes EXCEPT we chose to share communal expenses equally between apartments and townhouses .

Have we broken any laws?



Nigel Howarth
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Re: Mangement committee registration

#2 Post by Nigel Howarth » 29 Oct 2009 16:18

Hi Pauline

It seems that you are not required to register the Management Committee at the Land Registry - or the Regulations/Agreement. But it would do no harm in you doing so - because if you don't register the Management Committee, you will not be able to take legal action against non-payers of the communal charge, etc..

The law states that each owner contributes towards the management costs based on the size of their property in relation to the others - I don't believe you can change this. But if your lawyer has checked it over and says everything's in order, who am I to disagree.

Cheers,


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pauline
Posts: 2
Joined: 26 Oct 2009 17:04

Re: Mangement committee registration

#3 Post by pauline » 03 Nov 2009 01:26

Hi Nigel

Thanks for the reply to my earlier post. I have a couple of more questions if you don't mind.

For 3 years we have all paid equal amounts per year. As we have now found out it should have been on sq. mts.(everyone agreed to this and still does except for one owner). Has anyone a right to claim back the overpaid that they have paid in the last 3 years (never having signed the original agreement due to change of apartment ownership). If this was the case I suppose anyone who has underpaid maybe asked to top up the last 3 years.

Another question, Is the parking facility allocated to the apartments included when calculating the sq. mtr. as it looks as if it would be with a townhouse. If the parking place is not included on the sq. mtr., then the parking spaces used by the apartments would be for communal use within the complex.

Thanks in Advance for any information.
Pauline



Nigel Howarth
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Re: Mangement committee registration

#4 Post by Nigel Howarth » 03 Nov 2009 09:34

Hi Pauline

I think you'll have to take legal advice on these. But in my opinion:

If you don't have a legal obligation to repay any overpayments (or claim underpayments) made over the last three years, I would say you have a moral obligation to do so.

Regarding the parking facilities, I believe it all depends whether or not you have a parking space allocated to you or whether it's just a general area in which you can park. If a space has been allocated to you, it will not form part of the common area - but if it hasn't been allocated to you, the it will form part of the common area. (If it's allocated to you, then it should be shown on the plans attached to your original contract of sale)

The law doesn't mention parking spaces - so I can't give you a categorical answer.

Regards,


Nigel Howarth
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Pitbul
Posts: 1
Joined: 03 Jan 2015 22:13

Re: Mangement committee registration

#5 Post by Pitbul » 05 Jan 2015 08:08

I own a property on a small complex all owners recieved their title deeds within 3 years and we decided to set up our own committee. This management agreement was checked by a lawyer and deemed in order.In accordance with Property Law we tick most of the boxes EXCEPT we chose to share communal expenses equally between apartments and townhouses .


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Nigel Howarth
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Re: Mangement committee registration

#6 Post by Nigel Howarth » 05 Jan 2015 13:13

Hello Nat & welcome to the forum.

There is a degree of uncertainty whether it is permissible to apportion management fees equally between the home owners.

In the opinion of some lawyers it is permissible to change the way fees are apportioned, while others say it cannot be changed.

No-one knows who is right and who is wrong as this aspect of the law has never been challenged - and it will need a ruling by the island's Supreme Court. So if someone with apartment in your complex wants to take the matter to court, I and many others, would like to know the outcome.

Cheers,


Nigel Howarth
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emgee
Posts: 41
Joined: 12 May 2008 21:32

Re: Mangement committee registration

#7 Post by emgee » 05 Jan 2015 17:46

We all pay an equal amount irrespective of size. We all use the toilets, pool, gardens, roads, changing rooms, etc so we all pay an equal amount.


Alan



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