Communal Fees from empty property with Deeds still with the Developer

Questions about living in properties with shared/common facilities
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JohnTB
Posts: 5
Joined: 08 May 2013 08:47

Communal Fees from empty property with Deeds still with the Developer

Post by JohnTB »

Nigel

I wonder if you or anyone in the forum can assist with aproblem we have with one proerty in our complex of nine town houses with communal pool and walkways etc. All the current owners pay their fees annually which in our case as all the houses are same size ie. two bed town houses. However one house in the complex has been empty since we purchased our property and apparently the buyers 'gave back the keys. and have never been back since. The property meanwhile has gone into a state of disrepair and resulting in chunks of concrete falling of a balcony one night a few weeks ago. The pieces fell inside the popertys garden so didn't injure anyone thankfully, however I am aware the original buyer hasn't obtained the Deeds and that the developer may be responsible to make the property safe. I consequently called the developer and he did confirm the Deeds were not purchased however it is still the original buyers responsibility to keep the building maintained, even though he hasn't been seen for at least six or so years and nobody knows his whereabouts or even has any contact details.
Also I might add that with regards to the annual maintenance fees for communal areas, pool fees, buildings and public liability insurances etc. is paid for by the other eight owners, who also chip in an extra ninth to include the empty property as these cannot be split individually. Consequently the complex fees account for the empty property currently stands around €6K in arrears which we are hoping one day to get some of this back when the property is sold to new owners.
So in summarry my questions are:-

1. With the Deeds not purchased for this one last property is developer responsible to ensure the property is in a safe condition?
2. The developer won't advise who purchased the property originally so we could make an attempt to find them ourselves, is he legally permitted to withhold this information?
3. Some of the other owners who met the original buyer when the properties were new were under the impression there was a mortgage on the property from one of the Banks, however the developer is insistent there is no mortgage or loan against the property. Can we confirm by getting a copy of the Land registry info to see who has an interest, if anyone?
4. Can we make a claim against whoever is deemed to own the property whenever it is sold for unpaid communal and maintenance fees, as previously mentioned currently €6K, or at least partial payment for items like Buildings and Public Liability Insurance etc. the remaining owners have paid extra to cover the empty property?

Regards
JohnTB
Nigel Howarth
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Re: Communal Fees from empty property with Deeds still with the Developer

Post by Nigel Howarth »

Hi JohnTB

As soon as a purchaser takes delivery of a property they become responsible for paying taxes and other costs relating to the property (which includes the communal fees.)

I don't know how you can get around your problem, but you can get companies that will trace trace missing persons.

Also note that if someone else buys the property, they cannot be held responsible for the debts of previous purchasers.

You can get a Title Search from the Land Registry. See my guide at New title search procedures in Cyprus. You can use your deed to get the information it will include all the properties in your 'jointly-owned building'.

The information should show if the purchaser of the property in question has an outstanding loan. There's a possibility that you could pursue this with the lending bank - they may foreclose on the property and then sell it to recover part of the debt. (However, as the property's been abandoned for quite sometime, they may not be interested.)

I'm afraid you have no option but to pay for any repairs out of the communal fund.

One final thing - you say that "all the houses are same size ". When calculating communal fees, you need to take into account the size of the houses (the covered area) plus the covered and uncovered areas of balconies, patios, etc.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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JohnTB
Posts: 5
Joined: 08 May 2013 08:47

Re: Communal Fees from empty property with Deeds still with the Developer

Post by JohnTB »

Nigel

Thanks for your reply. We may follow up with the Land Registry method to see if there is a lender involved and try to trace the owners.
One clarification please, all the houses are the same although the complex comprises two rows, one of three and one of six houses, with the end houses on the three having driveways and the end houses on the six having additional room ie. a patway down the side. Also two of the nine have a small extension on the rear. Is all of this to be considered when working out the relevant communal fees?

Regards
John TB
Nigel Howarth
Site Admin
Posts: 2620
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Communal Fees from empty property with Deeds still with the Developer

Post by Nigel Howarth »

JohnTB wrote: 14 Dec 2020 09:29Is all of this to be considered when working out the relevant communal fees?
Possibly. If you can send me a clear digital photo of the part of your deed as shown below, I can work out the contribution for each of the properties:

Image

I'll send you an email with my email address.

Cheers,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news
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