Pursuing defaulters

Questions about living in properties with shared/common facilities
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PeelMan
Posts: 14
Joined: 05 Oct 2014 09:50

Pursuing defaulters

Post by PeelMan » 11 Nov 2019 16:12

Hi Nigel
We have formed an Owners Committee for a complex of 16 houses. Everyone is required to contribute to the general communal expenses (gardening, cleaning, sewerage plant) with 14 houses required to contribute to the pools communal expenses.
I have a question, the answer to which may be useful for other Owner Committees.
I understand that under clause 38T. - (1) of The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993 of The Republic of Cyprus we are deemed to be registered with the Land Registry under the standard Regulations. Are we therefore able to simply proceed to legal action against defaulters?
Kind regards Henry



Nigel Howarth
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Re: Pursuing defaulters

Post by Nigel Howarth » 11 Nov 2019 18:38

Hi Henry

Yes - you can take legal action against the defaulters. But you have to be absolutely sure that your Management Committee has been set up according to the law otherwise any legal action will probably fail.

How are you calculating the Communal Fees?

Regards


Nigel Howarth
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PeelMan
Posts: 14
Joined: 05 Oct 2014 09:50

Re: Pursuing defaulters

Post by PeelMan » 11 Nov 2019 21:37

Hi Nigel
We set up our Owners Committee at an AGM, with a quorum present and proxy voting forms in line with the Immovable Property Law requirements. The fees are based on area. The communal work is currently done by our developer who charge an admin fee for collecting the fees. They also are responsible for chasing any defaulters and stand the bad debts!
However, we intend to use a different builder to refurbish one of the pools at half the price that our developer wants to do the job.
Kind regards Henry



Nigel Howarth
Site Admin
Posts: 2499
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: Pursuing defaulters

Post by Nigel Howarth » 11 Nov 2019 23:03

Hi Henry

It sounds as if you're good to go.

Regards,


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

PeelMan
Posts: 14
Joined: 05 Oct 2014 09:50

Re: Pursuing defaulters

Post by PeelMan » 11 Nov 2019 23:55

Hi Nigel
Many thanks for your help.
Kind regards Henry



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