Immpovable propert law 1993

[paphostom]

Hi wondering if you could help

Our complex is in the difficult situation where the developer has withdrawn their management agreement and therefore their management of the complex before the title deedshave been issued, We have a minimum wait of another 2 years , although most of us bought in 2002.
I have read the primary legislation "the dreaded immovable property ect law of 1993" and I am quite happy that we should use the 'standard regulations' in the appendix to make sure we keep the complex on an even keel.

However, I have read all the posts on this forum and others and no body makes mention of Table B as defined in clause 3(2) of the Appendix. I am happy that the said table A should detail our voting rights and voting rights alone. But I am unable to find an examples on how Table B is used, The Table clearly implies that you can differentiate between common services and Common expenses,although the note at the bottom of the page is contrary to the table.

Can you point me in the right direction including any test cases ( in English)that might help with this dilemma.

Also one last thing as we do not have our tittle deeds am I correct in my assumption that although we have a well run and well functioning owners committee if one of the owners wanted to be difficult the committee is unable to sue as a legal entity


Thanks Tom

[Nigel Howarth]

Hi Tom and welcome to the forum.

Louise is an infrequent visitor to the forum these days and apologies for the delay in replying.

When the developer registers a building as being commonly owned with the Land Registry (see http://www.moi.gov.cy/moi/citizenschart ... enDocument ) one of the things he will be asked to supply is "list containing the value of each unit and of the share allocated to each unit in the jointly-owned building" - this will form 'Table B'.

Even though you do not have Title Deeds, providing that the Management Committee is set up correctly (i.e. according to the law), it does have powers to take legal action against non-payers. And if the non-payers are living in the UK, it is a relatively straightforward process to have the judgement of a Cypriot court upheld and enforced in a UK court if the non-payers are unwilling to pay. This will enable you to recover the unpaid maintenance charges and your legal costs and other expenses.

(There is a Management Committee in Larnaca taking action against non-payers who are resident in the UK).

There are a couple of articles in my 'Cyprus Property News' that you should read:

Managing Cyprus apartments and building complexes - by Louise Zambartas

and also

Insurance of Cyprus apartments & building complexes - by Miltiades Miltiadou

Regards,

[paphostom]

Thanks Nigel for your answer

I note from your reply you mention a management committee, however you will notice we only have an owners committee,, although in the absence of a management committee we have continued to use their common expenses allocation policy to maintain the complex as originally set up by the vendor.

Tom

[Nigel Howarth]

You're welcome Tom,

What I suggest you do is set up a management committee formally - as described in the "the dreaded immovable property ect law of 1993".

Once the committee has been established it will become a legal entity and will have all the legal powers (and obligations) to manage the complex. Those powers will include the ability to pursue non-payers through the legal process - even in the UK courts if necessary.

Regards,