Registered Committee

Questions about living in properties with shared/common facilities
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Tom
Posts: 18
Joined: 15 Nov 2012 19:05

Registered Committee

Post by Tom » 22 May 2014 16:36

Hi Nigel
Several questions for yourself & the Forum please:
Has anyone successfully set up a Registered Committee before the issue of title deeds
If so did you use a Lawyer to draw up the Regulations
What was the Lawyers fees
Or did you use a modified version of the Troodos Hills Regulations, and get a Lawyer to check/ amend and authorise them
If so what were their fees
Has your Property Developer recognised your committee as being legal/registered
Has your Property Developer handed over the responsibility of the communal maintenance to the Registered Committee

We are looking to achieve the above, and having read many reports, sometimes conflicting, we are looking for the best way forward, both in terms of the end result, employing a maintenance company of our preferred choice, and a reasonable setting up cost(Lawyers Fees)

Many Thanks
Tom



Nigel Howarth
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Location: Erimi, Limassol, Cyprus
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Re: Registered Committee

Post by Nigel Howarth » 22 May 2014 20:29

Hi Tom,

I know of a number of Management Committees that have been set up at the eastern end of the island even though title deeds for their developments have yet to be issued.

As for the regulations, the law (which you can find at http://www.cyprus-property-buyers.com/f ... gs-law.pdf ) contains a standard set of regulations. If these need to be changed, the 'revised' regulations have to be put to a meeting of the owners - these cannot be imposed on people without the consent of 75% of the owners agreeing.

Regulations should be drawn up by a lawyer in order to ensure that they comply with the law. Most particularly the Regulations may not:
  • Limit transfer rights of the units;
    Terminate or alter the rights of any owner of a unit;
    Impose an obligation or payment not specified by law or Regulations;
    Allocate a specific part of the jointly owned property as limited unless this is done in accordance with the law.
I don't know what the fees are likely to be, I suggest you contact a couple of lawyers on the British High Commission's list and get competitive quotations.

(For more information see http://www.news.cyprus-property-buyers. ... /id=003397).

Incidentally the Troodos Hill regulations are 'real' regulations - I changed the name and location.

There is some confusion about whether Management Committees need to be registered with the Land Registry - this subject came up at a PICAS meeting some time ago. The advice given at that meeting by a prominent lawyer from Nicosia was to get a rubber stamp made and then write a letter to the Director of the Land Registry advising that a Management Committee has been established. And you can send the same letter to your property developer.

(Unless there is some clause in your contract stating that you have to use the services of the developer or a named company to manage the complex, the developer has no option but to recognise your committee).

Regards,


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

Tom
Posts: 18
Joined: 15 Nov 2012 19:05

Re: Registered Committee

Post by Tom » 25 May 2014 08:31

Thanks very much for your reply Nigel.
Can I summarize/ask advise with what I think will be our course of action please.

Use Troodos Hills regulations, with minor amendments.
Have them checked by a Lawyer.

Stamp all 15 pages of the regulations with our Management Committee stamp, plus members signatures? and date.

Have a letter drawn up by a Lawyer, to be sent to the Director of Land Registry, Paphos, advising that a Management committee has been established
The same letter to be sent to our property developer (our communal area maintenance company)

We do not have a clause in our contract stating we have to use the services of our developer, or a named company, to manage the complex.
Therefore they will have to hand over the key to the swimming pool pump house, or we change the lock. Giving us access to clean/maintain our swimming pool, as well as other communal areas.

Regards
Tom



Nigel Howarth
Site Admin
Posts: 2513
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Registered Committee

Post by Nigel Howarth » 27 May 2014 11:08

Hi Tom,

The first thing you need to do is establish the Management Committee - the procedure is described in the law that I linked to in my earlier reply. It is important that you follow the procedure otherwise it could result in the committee having no legal powers.

It is also imperative that you keep accurate minutes all meetings that are signed by those present from the Management Committee.

Get a rubber stamp made as the official 'seal' of the Committee and advise the Land Registry in writing that a Management Committee has been established - and stamp it with the seal. Also send a similar letter to your developer. (You don't need a lawyer to write these letters, modify the following one:
  • DEPARTMENT OF LANDS AND SURVEYS
    The ON PROPERTY OWNED ( Tenure, Registration and Valuation )
    LAW ( Cap. 224 AND Amending Law )


    Request for appointment of Management Committee
    ( Article 38KD )


    For the District Lands Officer .........................................................


    The undersigned ...............................................................................................
    …………………………………………………………………………………………………………
    main unit No. ............ on the ground / floor .................. the jointly-owned building .................................... in jointly-owned building that ................................. located in the block ............. the Board ............ the government survey plans ..................... parish municipality ................................. ................................. inform you that it has not established management Commission / management Committee ceased to function .

    I request therefore as , enaskontas your powers conferred by Article 38KD Law , Cap 224 , proceed to the appointment of the Management Committee for such jointly-owned building , such as provided in the above article.




    .......................................
    Chairman

    Date : ....................................
Regarding the regulations, the ones in the law may be perfectly adequate for your needs. If you need to change them, the changes have to be agreed with the 'owners' - so you will need to distribute them, call a meeting and take a vote.

Regards,


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

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