Communal Responsibilty

Questions about living in properties with shared/common facilities
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Joined: 26 Feb 2014 14:45

Communal Responsibilty

Post by bagsound »

Thank you for the recent helpful and informative article relating to Committee Member's liabilities.

We are a small complex of a mixture of Apartments, Masionettes and Villas in the Paphos area. We are still awaiting the issue of our individual Title Deeds. A few years ago, after pressure from the individual property owners, the Developer, whilst still the Title Deed owner of the communal areas, surrendered the right to maintain and upkeep the communal areas which allowed the appointment of a Management Company to undertake these duties. This Management Company has individual contracts with each property owner and initially, several of these owners formed a Committee which was unregistered.

Earlier this year this Committee disbanded and was not replaced however a few owners agreed to act as a nominal go-between or point of contact between the Management Company and the other owners.

The 2 questions I have are:
1. In this situation, where does the responsibility for health and safety and compliance with all the relevant laws now lie?
2. When we are issued with individual Title Deeds to our properties, where will responsibility lie if none of the owners are willing to be committee members?

Look forward to receiving some comments.
Nigel Howarth
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Posts: 2575
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus

Re: Communal Responsibilty

Post by Nigel Howarth »

Hi bagsound

It sounds too me a if there's an ad-hoc arrangement rather than a properly constituted management committee. At the very least these owners will need to ensure that they and the buildings are insured (see Everything you would like to know about the insurance of jointly-owned buildings.)

I expect responsibility for H&S and legal compliance rests with these go-between owners, but I'm not sure. (If they are not liable I expect that all the owners would be jointly liable).

If no-one is willing to step up to the plate a form a Management Committee you can apply to the Land Registry to take on the task.

(Incidentally if it's a small development one person may be sufficient for the Management Committee).

Nigel Howarth
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