Management Committee

Questions about living in properties with shared/common facilities
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John Jones
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Joined: 18 Sep 2019 09:58

Management Committee

Post by John Jones »

Hi Nigel,

Wondered if you could please advise. We own an apartment on a complex which has a management committee. However since the last AGM the chairman has decided he will only advise those he likes on the complex about repairs. As we do not like him and vice versa although this should have no bearing. We have subsequently since his election not received a single email from the management committee about any repairs or any other matters in almost 12 months. When questioned about this recently due to our frustration as the post boxes including ours were removed which meant our bank pin letters for our our cards went missing which resulted in 5 trips to the bank to get resolved (which we added not even notified they were going to do this). The chair's response was a dismissive speak to the solicitor. Surely any management committee has to act impartial and not just include notifying owners that they like?

We have raised this issue of ourselves and some other owners being left out to the solicitors. However there response was to put it on the table to be read out at the AGM at the end of this month. I sell asked to see the management committee rules and any changes made to this since it's incorporation. This feel on deaf ears, was ignored!

After reading through the Management Committee you attached for another member that asked about management committee (21 pages), I can not find anything that states that the Management Committee must inform all owners of any business matters unless regarded urgent? Have I missed something? It seems wrong and unlawful that all owners that have the same invested interest can treated differently by someone that abuses his power for those he deems appropriate (in this case likes).

Please assist as we are now attending this AGM meeting at the end of the month and want to be prepared to have it out as we are not being subjected to this any longer and feel all of us should be treated equally.

Regards

John
Nigel Howarth
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Re: Management Committee

Post by Nigel Howarth »

Hi John & welcome to the forum.

The Management Committee should act on behalf of all the owners equally - providing they have paid their common expenses.

However, they is under no obligation to advise owners what repairs are being undertaken but they must, according to the law, "submit a statement every three months to the owners, which shall state the expenses of the three previous months, the nature and whether any member of the Management Committee who is an owner has contributed towards the expenses."

You can read more about the powers and obligations of the Management Committee and the owners in the English translation of the law, which includes the regulations governing how contributions to the communal fund are calculated, etc.

There are no Management Committee 'rules' - and unless there have been changes agreed by 75% of the ownership, the default regulations as contained in the law (above) apply.

If the MC needs to enter your property to carry our repairs/maintenance, they should give you notice of their intention unless the matter is urgent. However, they only need to inform the owners affected - not all the owners as you suggest.

I guess you have asked for repairs that have not been carried out?

Regards,
Nigel Howarth
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John Jones
Posts: 3
Joined: 18 Sep 2019 09:58

Re: Management Committee

Post by John Jones »

Hi Nigel,

Thanks for your reply, appreciate your advise.

Let me clarify the example I gave. Our post box one of ten postboxes on the external wall of the block of apartments where our apartment is and the others apartments in the block. However without any notice either quarterly or any other time throughout the year have ourselves and some others been made aware of any repairs, the fund or anything other than the statement of our account on the maintenance payments. Nothing else. We where there in June. Arranged with the bank to send our pins for our bank cards to our Cyprus address. The cards went to the local branch of the bank. It was agreed on our return to Cyprus that we would get the pins and collect the cards from the bank. We arrived in September recently and noticed the post boxes had been moved. Never have we had any problems with the post before or been made aware of any problems with where the post boxes where located (in 3 years). Admittedly they had been moved nearby to another external wall but in the process of moving them (being exposed from behind as they sit against the wall , the wall being the backing of them). The post from the bank with the pins codes in must of fallen out which on our return in September we discovered they weren't there. As such through no notification and therefore no reasoning we then had to endure 5 trips to the local bank over 5 days to eventually get the pins text to us (after collecting the cards from the bank on the first day).

As such we have received in almost 12 months no contact from the management committee about any communal repairs or anything other than an occasional statement showing our maintenance account for our apartment. It is worth pointing out we have almost always a £0 balance being paid up to date and have paid currently (from May 27th) up to date up to 30th September.

We are not the only owners treated this way as others have been subjected to this other than those that are closer friends to the chair of the management committee.

If you can advise any further then I would very much appreciate it.

Many thanks

John
Nigel Howarth
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Re: Management Committee

Post by Nigel Howarth »

Hi John

From what you say you have no evidence that the letter from the bank must of fallen out when the postboxes were moved - or did someone, perhaps another resident find them?

The Management Committee is under no obligation to advise owners what maintenance and other work is being carried out. But as I mentioned in my earlier reply it must "submit a statement every three months to the owners, which shall state the expenses of the three previous months, the nature and whether any member of the Management Committee who is an owner has contributed towards the expenses." (I assume this will be sent by the treasurer).

You say you receive "an occasional statement showing our maintenance account for our apartment." - what else do you believe their obliged to send?

If you do not like the way the Management Committee operates, why not stand for election at the next AGM and change things? You don't have to be permanently resident.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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John Jones
Posts: 3
Joined: 18 Sep 2019 09:58

Re: Management Committee

Post by John Jones »

Hi Nigel,

Ok thanks for your advice and assistance.

Regards

John
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