Legal Rights Of An Individual

[Tom]

Hi All
We are a medium size complex, 40+ mixed properties that are all self contained i.e. no communal roofs, corridors or landings.
Unfortunately no Title Deeds. There are communal areas, pool, changing rooms, sewage system etc.

Our question is as 40+ individuals do we have any rights, legal or otherwise, to change our communal maintenance company, who is presently the property developer that built our villas/apartments, and over the years has provided inadequate and very poor service.

The new maintenance provider would be a reputable company.

We understand there is some kind of law that states the property developer can carry out the communal maintenance, regardless of quality of service and annual fees, until Title Deeds are issued.

We also believe the situation can change when we have our Title Deeds

Many thanks. Look forward to your replies/advise.

[Nigel Howarth]

Hi Tom and welcome to my property forum.

If you want to appoint a new maintenance provider, the first thing that you and the other buyers have to do is to set up a formal Management Committee to take over the management of the complex (you don't need the deeds to do this).

There are guidelines in the relevant law on how to go about this - you can get an English translation from http://www.cyprus-property-buyers.com/f ... gs-law.pdf - it also includes voting rights, holding meetings and a set of regulations that you can modify to suit your own requirements - sample at http://www.picas-cyprus.com/downloads/S ... ations.pdf

You will also need to consider insurance - and you'll find a document on that at http://cdn.cyprus-property-buyers.com/w ... cyprus.pdf

Finally an article on the subject by Louise Zambartas - http://www.news.cyprus-property-buyers. ... /id=003397

Oops - I forgot. You need to look though your contract of sale to make sure there's nothing in it that will prevent you setting up Management Committee.

Regards,

[Tom]

Hi Nigel
Thanks for your reply. With regards to registering the Committee, I have read that the Paphos Department of Land & Surveys no longer register Committees or their Regulations.
Can you please advise where/how we do this.
Thanks
Tom

[bagsound]

Hi Nigel

I too would like to know how and where this is done. Also how long does the whole process take? Once the Management Committee is in place how do they deal with a developer who argues that as he is the legal owner of the complex he has the responsibility for the communal areas of the complex and only he can appoint the maintenance company.

Look forward to your comments

bagsound

[Nigel Howarth]

Hi Tom

Paphos seem to be operating in a world of their own. This came up about a year/18 months ago at a meeting I attended.

It was suggested that the committee gets a rubber stamp made and then just writes to the Director advising him that a Management Committee has been established and then signs the letter and stamps it.

Regards,

[Nigel Howarth]

Hi bagsound

Setting up a formal Management Committee shouldn't take too long - you'll need to post notices in people's post boxes advising them of the meeting. As for registering, see my earlier reply to Tom.

Best to ignore your developer and notify him of what you have done after the Committee's been established. If he argues, ask him if he enjoys sex and travel - there's nothing he can do to stop you.

Regards,

[bagsound]

Hi Nigel

Thanks for the helpful replies. Sorry if I'm being thick but when you mention "Director" in your reply to Tom do you mean the Director of the development company or someone else? Presumably the rubber stamp is the name of the created Management Company.

Thanks

Bagsound

[Nigel Howarth]

Director of the development company or someone else? Presumably the rubber stamp is the name of the created Management Company.

Ah - I meant the director of the Land Registry - and the rubber stamp will be in the name of the Management Committee.

Regards,