Management Committee

[MariaS]

Hi Nigel,

We are a small complex of 8 apartments & have been managing it ourselves for a few years, with 4 of us on the committee. We have not been a registered committee & our bank account has been a personal account with 2 of us as signatories. We have been totally transparent & detailed accounts have been sent out via email at least every 2 months, if not monthly.

I know that we may not have been a legal committee but the BOC seemed to accept us as a committee when they repossessed an apartment & wanted signatures of the committee members to enable them to continue with the communal payments.

Recently, a non committee member has caused a lot of friction, to the extent that 2 of us have resigned from the committee. In hindsight, we allowed this to happen and should have dealt with it differently, hence not giving her the power.

Due to the 2 of us leaving, the committee has fallen apart. This person has tried to set up another committee but to no avail. Now she is saying that we have never been a legal committee, the bank account should not be a personal account etc etc.

For the sake of the complex, we have decided to keep things going, without a committee as such until we take on a Management Company who will also hopefully help with the setting up of a legal committee.

In the meantime, until the complex is managed in her words, legally, the apt owner mentioned above is withholding future communal fees plus is demanding the repayment of her contribution towards painting the complex, which we planned to do in September. If we do not refund her she will go to the police. We will repay her to avoid any more bad feeling, but is she within her rights?

Thanks
Maria

[Nigel Howarth]

Hi Maria

Welcome to the forum.

A Management Committee has to be established and function exactly as described in the law without any deviation.

From what you say, this does not appear to be the case, which has allowed this situation to arise.

I suggest you take legal advice to see what can be done to remedy the situation.

Regards,

[MariaS]

Okay, thanks Nigel.

[MariaS]

Just one more question please? We will be having a general meeting soon to vote for a new committee as per the law. As our communal bank account is in joint names at the moment & as the owner is withholding the communal fees, would she be allowed to vote?

[Pantheman]

Just one more question please? We will be having a general meeting soon to vote for a new committee as per the law. As our communal bank account is in joint names at the moment & as the owner is withholding the communal fees, would she be allowed to vote?

Only paid up owners can vote.

[Nigel Howarth]

As our communal bank account is in joint names at the moment & as the owner is withholding the communal fees, would she be allowed to vote?

No!

You can download an English translation of relevant the law from https://www.news.cyprus-property-buyers ... gs-law.pdf and the original in Greek from https://cylaw.org/nomoi/arith/1993_1_006.pdf

Regards,

[MariaS]

Thank you both! She's saying that as our bank account is "illegal" she has every right to withhold payments and vote.

[Pantheman]

Thank you both! She's saying that as our bank account is "illegal" she has every right to withhold payments and vote.

She has no such rights. Basically, Don't pay - Don't vote. Period. The banking is irrelevant.

[Nigel Howarth]

She's saying that as our bank account is "illegal" she has every right to withhold payments and vote.

She is speaking through an orifice normally reserved for another purpose!

Regards

[MariaS]

She's saying that as our bank account is "illegal" she has every right to withhold payments and vote.

She is speaking through an orifice normally reserved for another purpose!

Regards

[J B]

If we do not refund her she will go to the police.

That made me chuckle - I'm sure the police won't be in the slightest bit interested.
Please don't repay her!

[MariaS]

If we do not refund her she will go to the police.

That made me chuckle - I'm sure the police won't be in the slightest bit interested.
Please don't repay her!

Unfortunately we already have