Maintenance/Communal fees for unsold apartments

[rachelc]

I've tried to see if my question has already been asked but can't seem to find the definitive answer - so please accept my apologies if it has been asked before.

We have an apartment in a block of 13 - 7 are British-owned and 6 are Cypriot-owned (2 of which remain unsold by the developer). Some apartments have permanent residents, some are used for holidays/rentals. Up to now the only people to have paid the communal fees are the British owners. The management committee are now in the process of seeking legal help to recover the debts from the non-payers.

My query is that the developer is claiming that they are not legally obliged to pay for the 2 apartments which remain unsold and are adamant that they have received legal advice on this. I am not so sure that this is true - my understanding is that they are legally the owners and are therefore liable to pay the fees like the rest of the owners, the fact that they are the developers is irrelevant.

Could someone please shed some light on this subject?

Thanks very much in anticipation.

Rachel

[Nigel Howarth]

Hi Rachel and welcome to the forum,

Someone else raised this question some years ago. Their neighbour spoke with their lawyer and were advised that "The developer becomes responsible only for those properties that have been completed & are ready for sale or let whether or not they have been sold or let".

As the management committee is seeking legal help to recover debts from non-payers, I suggest they confirm this with their lawyer.

If the original advice is correct, then the question is how do you define a 'property that has been completed and is ready for sale'? For example, it could be argued that if a kitchen cabinet door has not been fitted then the property has not been completed. On the other hand, if they are being advertised for sale it could be argued that they are 'ready for sale or let'.

BTW. No need to apologise - I wouldn't expect you or anyone else to plough through all the questions here to find an answer.

Regards,

[rachelc]

Hi Nigel - thanks for the welcome!

Thanks for your reply - the post you have quoted was the only one I could find and being as it was some years ago I was wondering whether it had changed.

The 2 apartments are for sale - one has actually been let on many occasions since completion so they are definitely ready for occupation and are in no way 'unfinished'.

I have emailed Louise to see if she is able to provide a definitive answer on that specific issue. The problem is always finding a solicitor who we can rely on to give us a straight answer and not one who is in the pocket of the developer

Regards
Rachel

[Nigel Howarth]

You're welcome Rachel

Please keep me posted on the advice you get from Louise - I get many questions on maintenance/communal charges.

Regards,