Management Committee

Questions about living in properties with shared/common facilities
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WillowTree
Posts: 18
Joined: 05 Aug 2021 14:02

Management Committee

Post by WillowTree »

We are a new committee and we have just discovered that one of our committee members is in arrears with maintenance payments.
Two questions:
Two of our board members co-own a single unit, only one owner is in arrears. Is it legal for the co-owner who is not in arrears to be on the committee?
Generally, for two co-owners of a single unit, can both owners vote and be on the committee? Or is it one vote, one committee member per unit?

Thanks,
Nigel Howarth
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Re: Management Committee

Post by Nigel Howarth »

Hi WillowTree and welcome to the forum.

If the number of Management Committee members is two or less, they must be owners.

If the MC has more than two members, they do not have to be owners.

There is no requirement in the law, which you can find at https://property-11519.kxcdn.com/wp-con ... gs-law.pdf , that the MC members must have paid their communal fees.

Co-owners of s single unit can be MC members.

It is one vote/unit.

As one of the co-owners is in arrears, neither of the co-owners can vote.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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WillowTree
Posts: 18
Joined: 05 Aug 2021 14:02

Re: Management Committee

Post by WillowTree »

Dear Nigel,

Many thanks for your reply.

This does however raise another question.

If you cannot vote at an AGM but can get voted on as a committee member, how can you then vote as a committee member?.
WillowTree
Posts: 18
Joined: 05 Aug 2021 14:02

Re: Management Committee

Post by WillowTree »

Dear Nigel,

Following on from your first reply, I have another question.

We currently have 5 Committee members + 1 co-opted member

If the member in arrears resigns, must he be replaced immediately or can it wait till the next AGM, and can the owner not in arrears move to be a co-opted member?

Thanks in advance.
Nigel Howarth
Site Admin
Posts: 2905
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Management Committee

Post by Nigel Howarth »

Dear WillowTree

At the first general meeting of owners an agreement should have been reached regarding how many people would be part of the Management Committee.

If the number of people on the committee is reduced below that number, the Management Committee must call an extraordinary general meeting within ten days to elect their replacement.

Please see Part VI - Management Committee in the law (link in earlier reply.)

Regarding being able to vote at general meetings if elected to the Management Committee when in arrears, you cannot vote. (But you can vote at Management Committee meetings.)

Note that the co-opted committee member cannot vote at Management Committee meetings.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news
WillowTree
Posts: 18
Joined: 05 Aug 2021 14:02

Re: Management Committee

Post by WillowTree »

Many thanks for your reply Nigel.
Regards
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