Custom Regulations

Questions about living in properties with shared/common facilities
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h3ats33k3r
Posts: 17
Joined: 25 Aug 2022 14:35
Location: Pissouri | Limassol

Custom Regulations

Post by h3ats33k3r »

Good Afternoon,

does anyone here has experience in drafting "custom regulations" and register them with the land registry?

T.I.A.

GW
Nigel Howarth
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Re: Custom Regulations

Post by Nigel Howarth »

Hi GW

I was sent custom regulations, which I edited to protect the innocent. You can find them at Troodos Hills Management Committee.

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Nigel Howarth
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h3ats33k3r
Posts: 17
Joined: 25 Aug 2022 14:35
Location: Pissouri | Limassol

Re: Custom Regulations

Post by h3ats33k3r »

Thank you Nigel, quite helpful.

Does anyone know if it is possible to define "communal property" in these regulations?

So for instance
- to define certain sidewalks or parts of them as common or private,
- to define that in a development flat roofs are common but tiled ones are not,
- to define that for terraced apartments, where one owners patio acts as the "roof" of the unit below, the patio tiles are private but the water bearing layer (membrane) is not,
- to define which wall is common, which is private and / or
- even to define a certain colour for all outer wall (or a range / selection of colours) solely to be uses in order to avoid someone having their unit painted purple whereas all others are yellow?

We figured that the regulations of the law don't really match our development or at least leave many "grey areas"...

Cheers, GW
Nigel Howarth
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Re: Custom Regulations

Post by Nigel Howarth »

Hi GW

I think there are a couple of things in the law that may help:

Page 14 Article 4. (c) "shall in any way affect the walls supporting the jointly-owned property and its external walls, shall endanger in any way the safety of the jointly-owned property or shall affect its external appearance".

Will avoid someone having their unit painted purple.

Page 16 Article 9. (a) "Allow the Management Committee and its representatives at reasonable times and after giving notice – provided that no notice is required for urgent cases – to enter his unit in order to inspect, maintain, repair or replace pipes, wires, cables and ducts of the unit which may be used in relation to the enjoyment of any other unit or jointly-owned property or for maintenance or repair or in order to secure compliance with these Regulations:"

Will enable the MC to enter a unit and replace the membrane on leaking apartment patios & balconies.

Not sure why flat roofs are defined as common but tiled ones are not?

Page 6 Article 38F (4) enables you to reduce or extend the area of the land which constitutes part of the jointly-owned property. This will resolve the sidewalk issue.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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h3ats33k3r
Posts: 17
Joined: 25 Aug 2022 14:35
Location: Pissouri | Limassol

Re: Custom Regulations

Post by h3ats33k3r »

Hi Nigel,

thank you for that.
I have seen the passages in the law, we have just been asking ourselves if it would be possible to be more precise using those custom regulations.
For instance "change the appearance" is something that can be discussed in court (Q: does a change from RAL 1003 signal yellow to RAL 1006 maize yellow really change the appearance?), but if you had regulations in place saying that "all external walls must not be painted in any other colour but white RAL 9000" there is nothing to discuss about I guess?

So the question is: Can you put rules about jointly-owned properties into those regulations or can you only put things that affect the competency of the MC, the quorum at the AGM and so on, like in your sample?

Best GW
Nigel Howarth
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Re: Custom Regulations

Post by Nigel Howarth »

Hi GW

An owner must ask the MC before they paint the external walls. The MC can decide yes/no at the time and the colour to be used.

As paint fades in time the RAL 1003 signal yellow that was used originally will have faded and may look more like RAL 1006 maize yellow.

(For unscheduled maintenance, such as redecorating external walls that probably only need to be done every 10 years, it's best to set up a 'sinking fund'. More information at Communal fees – sinking fund.)

Revisions to the 1993 law are currently under discussion - things may change by the end of the year.

Regards,
Nigel Howarth
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