Challenging high maintenance charges

Legal questions answered by Cyprus property lawyer Louise Zambartas

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Ian
Posts: 3
Joined: 24 Sep 2009 16:17

Challenging high maintenance charges

Post by Ian »

Hi Louise,
We live on a small complex (14 houses) surrounding a communal area and pool. We have not received our deeds. Our developer charges us for maintaining our pool and communal area but the cost is escalating alarmingly.
We have formed an unofficial committee and would like to take over the management to reduce the cost. Before handing over the pool etc to the residents, our developer insists the committee is officially registered with the Municipality. However the Municipality will not register the committee until we get our deeds. We cannot get our deeds until the developer receive their completion certificate from the Municipality. The developer will not get their completion certificate until (as a minimum) they sort out the wooden trellis on each roof and the installation of four garbage tanks. They also want us to sign a form absolving them of any further responsibility for the complex.
Is there any legal way around this catch 22 situation and can we legally challenge the amount the developer is demanding?

Thanks

Ian
Nigel Howarth
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Location: Erimi, Limassol, Cyprus
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Re: Challenging high maintenance charges

Post by Nigel Howarth »

Ian, my apologies for the delay in replying - I have only just spotted your question.

I have spoken recently with Louise on this subject. It possible for 'owners in waiting' to register.

The owner is defined by the law as the person entitled to be registered as the owner or the actual person registered. Therefore, a project without separate deeds can be registered.

See http://www.news.cyprus-property-buyers. ... /id=003397

So if enough of you wish, you can set up a management committee even though you do not have your deeds.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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bendybunny
Posts: 7
Joined: 14 Nov 2010 19:35

Re: Challenging high maintenance charges

Post by bendybunny »

Hi,
With regard to maintenance our developer is at present carrying out this function. The cost of which is extortionate. Under our contract we require 75% of owner’s agreement to challenge this, but due to not being able to contact the owners cannot communicate with them. Despite having an owners forum still lack the 75%. The developer will not allow us to contact those involved to attempt to wrestle this function from a company heel bent on extricating money by whatever means.

By what means, legally can we obtain other owners information with regard to this question, as the company will not allow details or pass on ours.?
regards BB
Nigel Howarth
Site Admin
Posts: 2905
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Challenging high maintenance charges

Post by Nigel Howarth »

Hi bendybunny

The easiest way to get the other buyers information is to ask the Land Registry to carry out a Title search - see the bottom of the page at http://www.news.cyprus-property-buyers. ... /id=004888

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news
bendybunny
Posts: 7
Joined: 14 Nov 2010 19:35

Re: Challenging high maintenance charges

Post by bendybunny »

Hi Nigel thanks for that bit late in reply but everything stagnating at present. The Company involved is the old favourite of course Alpha Panareti. Since the first post they did have the audacity to give all its members/ clients/ victims an account of the management fees. Guess what!! they decided to leave out all the payments into the account so surprise surprise they made a loss and had to increase the fees. For those of you unaware the fees started at 600 euros then rose in the first year to 2400 euros. The delightful female member of the AP staff was duly contacted and her repl 'if we had included the income we would have made a profit!! the penny then dropped as well as the telephone connection. She has been unavailable for comment since.

Still Alpha Panareti may have better luck with other nationalities, the Russians appear to be their next target, lets hope they hope they learn from our mistakes.
BB :twisted:
bendybunny
Posts: 7
Joined: 14 Nov 2010 19:35

Re: Challenging high maintenance charges

Post by bendybunny »

I see this old chestnut will not lie down and die,Alpha Panareti comes back to haunt us:
MPs in the region have agreed to join an all-party parliamentary group to help investors facing ruin after buying property in Cyprus.
A meeting was held in Parliament this week to discuss the hundreds of UK buyers who are facing legal action from Cypriot-based Alpha Bank.
Many of the investors bought properties on the island before they had been built from Roseberry Overseas Property (ROPUK), based inStokesley, North Yorkshire.
Durham City MP Roberta Blackman-Woods attended the meeting after she was contacted by several constituents affected by the saga.

She said: “The meeting was held to set up an all-party group with relevant MPs to try and pressurise the Cypriot government into looking at what’s happened to people who have got caught up in this scheme.
“The people who have come to me are extremely distressed because they haven’t got the house in Cyprus and their banks have issued writs against them.
“They are really, really worried.”
Stockton South MP James Wharton also attended the meeting after receiving complaints from residents in his constituency.
He said: “We had a good discussion about what we can do.
“Obviously the role of MPs is limited when there’s a legal process ongoing but we have agreed to set up an all-party group.”
Mr Wharton urged anyone affected to contact their local MP.
He added: “We want as many people as possible to engage with us so we can put pressure on the government of Cyprus and look to see what the Foreign Office can do.”
A representative of Richmond MP William Hague also attended the meeting.
Hundreds of investors who bought properties in Cyprus have been unable to keep up with rocketing payments on mortgages taken out in Swiss francs.
They are now being issued with writs by Alpha Bank which could ultimately mean they lose their UK homes.
Many investors are taking their own legal action against the bank, developer Alpha Panareti and former ROPUK director Andrew Laird.
bendybunny
Posts: 7
Joined: 14 Nov 2010 19:35

Re: Challenging high maintenance charges

Post by bendybunny »

The latest from alpha Panaretti. They are now accredited by both atol and abta however now are breaking into apartments on the St Nicholas elegant venue, clearing them out of personal belongings and renting the apartments out to holiday

The management fees fiasco have been covered in my previous posts. Most owners have not paid these due to irregularities in the accounts and the agents having not signed them off, no prizes for guessing why.

The apartments subjected to forced entry are then having their locks changed and AP are then advertising them to unsuspecting holiday makers. The police have been contacted by several owners and solicitors informed watch this space.

BB :evil:
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