committee formation

[surawy]

28 apartments in the block.14 owned by the owners---14 by the developer
Can we form a committee or do we need 51%

any thoughts.

[Nigel Howarth]

Hi surawy

Firstly, as your development consists of at least five units it has to be registered as a jointly-owned building according to the law. If the developer hasn't done this, then you can do so (you don't need the agreement of 51% of the owners).

The owners of the units of jointly owned buildings may (by 75% agreement) draw up their own rules for a Management Committee or amend the Regulations in the Law, providing for the manner in which their building will be controlled, managed and enjoyed.

So although you can set up a Committee, you cannot make up your own rules without involving the developer. However, the law provides a set of basic rules and regulations that I presume you could use.

Louise Zambartas has written an article on this subject that you can read at http://www.news.cyprus-property-buyers. ... /id=003397

and you can also get an official English-language translation of the law from http://www.cyprus-property-buyers.com/f ... gs-law.pdf

Also, you do not need to have the Title Deeds to your properties to set up a committee.

Regards,

[surawy]

Thank you for all that information---lets assume that we get owners from 12 out of the 28 units in favour.We then register our committee as required by law .We also use the guidelines as supplied.Does thie committee have any powers?--75% of owners is this actually 75% of owners or 75% of units ---as one owner has 14 units---sorry to ask --its not clear even when reading the articles.

Firstly, as your development consists of at least five units it has to be registered as a jointly-owned building according to the law. If the developer hasn't done this, then you can do so (you don't need the agreement of 51% of the owners).

The owners of the units of jointly owned buildings may (by 75% agreement) draw up their own rules for a Management Committee or amend the Regulations in the Law, providing for the manner in which their building will be controlled, managed and enjoyed.

So although you can set up a Committee, you cannot make up your own rules without involving the developer. However, the law provides a set of basic rules and regulations that I presume you could use.

Louise Zambartas has written an article on this subject that you can read at http://www.news.cyprus-property-buyers. ... /id=003397

and you can also get an official English-language translation of the law from http://www.cyprus-property-buyers.com/f ... gs-law.pdf

Also, you do not need to have the Title Deeds to your properties to set up a committee.

Regards,[/quote]

[Nigel Howarth]

Hi surawy

Providing that the building has been registered and its Management Committee has been established according to the law, then the Committee will have the legal powers necessary.

The 'owner of a unit' is defined on page 4 of the law - and I believe that their voting entitlement is weighted according to the percentage of the building they own.

If you are looking to set up a Committee, I suggest that you contact Louise Zambartas directly through her firm's website - pressure of work means that she's an infrequent visitor here these days.

Regards