Communal Management

[Anika E]

Dear forum - New to this, so hope I'm on the right track. We are in a complex of 8 apartments in Pafos district, and received our title deeds 2 years ago. The problem is that the residents refuse to form a committee/association. We have discussed this a few times over the last 3 years, and each time we get a majority of 75% and try to form one, someone gets cold feet, says it's too much work, and backs out again. Are we operating outside the law by not having one?

Second question is this: the developer provides pool and cleaning services through a sub-contractor, and pays our utility (ie electric and water) bills. He has consistently refused to provide a breakdown of costs. We have received other quotes and know that we can get things done cheaper outside, or even self-manage. Our maintenance costs (ie pool liner replacement and painting) are now rising, and there is no contingency fund to do anything. Again, 75% of the owners agreed to withdraw from the developer some time ago but have now backed down again because 2 of the owners refused to move. Is there any way out of this situation? Do we have an obligation to continue to pay the developer if he refuses to provide a breakdown of what we pay him? We have never had a signed contract with him. Could we for instance agree to pay our percentage of the utility and pool/cleaning bills only?

Really hope someone can help here.
Anika E

[Nigel Howarth]

Hello Anika and welcome to the forum (and yes, you've come to the right place).

Firstly, I suggest you take a look at an article by Louise Zambartas - Managing Cyprus apartments and building complexes. This outlines your obligations regarding a Management Committee.

If you haven't got a copy of the law, you can get one from Jointly Owned Buildings Law of 1993.

If you read through the law you will see that it is possible to set up a Management Committee even though some get cold feet.

Regarding your developer - he should provide you with a breakdown of costs to see how the money is being spent (when you set up a Management Committee you will be required to provide accounts to everyone each quarter).

If you have no written agreement with the developer (oral or written) he hasn't got a leg to stand on.

It will be in all of your best interests to set up a Management Committee a.s.a.p.

Regards,

[Anika E]

Dear Nigel
Thanks so much for your reply and the recommended reading. I didn't express the situation properly in my first note. What I should have said is that 5 of the 8 owners have REFUSED outright to form a Management Committee, and have told the 3 of us who are interested that there's nothing we can do. If I understand the situation correctly from reading extracts from the law, does this mean that anyone of the 3 owners can go to the Land Registry department and ask for a Management Committee to be appointed?

Also, if 5 of the owners are prepared to pay the developer a flat sum without any breakdown of costs, etc, where does this leave the 3 of us who are querying the situation? Can anyone of us refuse to pay until we get a breakdown? We have been paying for 8 years without a breakdown, would this set a precedent? As already stated, no contract has been signed.

Sorry to have to labour this, but there is almost a revolution in the complex, with everyone wanting to do 'their own thing' and very little cooperation on anything.

Anika E

[Nigel Howarth]

Dear Anika

The five cannot refuse to set up a Management Committee - by law, you MUST have a Management Committee. I suggest you visit the Land Registry and ask the director for advice/appoint the three of you as the Management Committee.

Regards