Cyprus Property Forum for Buyers, Sellers & Investors

Hi,

I have plenty of evidence that the Committee of the complex is not compliant and follows its own agenda in terms of maintenance repairs. This has recurring consequences inside some properties and impacts on the building structure.

If the Committee is not compliant, do I have the ‘right’ not to pay the communal fees? is there a law that stipulates that until the Committee is compliant, the communal fees not paid are not cumulating year after year in the arrears?

I would like to add that I paid a lawyer last year to help me with this matter. I managed to have an AGM organised that I joined with him. During the meeting the Solicitor of the Committee agreed about certain non-compliance aspects in relation to the records keeping procedure, but no changes after that. My lawyer also told me that until there is a loss, I cannot claim anything in front of a court. I actually have a loss, because I had issues with the ceilings and had to take charge myself of repairs in communal areas (the roof and the walkway in front of my apartment to prevent flooding, backed up by an expert report), but the sum is not significant enough to justify an action in court.

I am fine with them taking me to court, but I do not think they will do that, arrears will cumulate, and if I decide to sell in some years, the buyer will have all these amounts in the "backlog".

Thank you for your advice,
Gemma

Hi Gemma and welcome to the forum.

There is no law that gives you the right to stop paying communal fees. I suggest you take legal advice on how best to proceed.

But one thing you can do now is vote the current Management Committee out of office and hold an election to replace them with a new committee. You can read more about convening such a meeting on page 17 paragraph 17 of the relevant law, which you can find at https://www.news.cyprus-property-buyers ... gs-law.pdf.

Regards

Dear Nigel,
Thank you for your reply and resource.

As I mentioned, I already hired a lawyer, had an AGM organised, to which I participated together with him. The AGM is a place for discussion and voting. In my context we need someone to enforce the law.

I have 2 complaints and plenty of evidence of non-compliance. My question is how I can take this further. Is there a procedure to request a formal inspection of the site and bring the Committee to court? And if yes which institution I can contact? Is it a case for the Police in relation to the non-compliance? Shall I get the Municipality involved?

Many thanks in advance for your support!
Gemma

Hi Gemma

I'm afraid there isn't a quick solution to your problem. I suspect you will need to take action against the committee through the court.

Your lawyer should be able to progress the matter on your behalf.

Regards,

Thank you Nigel.
I have initiated a few actions. In case I need further help I will send you a request for your services and fees.

Kind regards,
Gemma

Gemma wrote: 27 Jul 2022 10:47In case I need further help I will send you a request for your services and fees.

Thank you Gemma, but I can only offer free advice - if I offered services, I'd be working 48 hours a day as there are so many people facing property-related problems.

But if you need further advice, I'm more than happy to help.

Regards,