Management committee set up when no one is interested!

[michelle22cat]

Hi Nigel

I have emailed you a couple of times through the forum about setting up a management committee and I know there are lots of useful attachments/information - so thanks.

To be honest I am amazed at how people manage to set one up as when I have suggested it no-one is interested. There is apathy generally about anything to do with the complex and people don't respond to emails.

We are lucky generally as the developer keeps the complex well maintained and our service charge is a reasonable amount. There are issues however with a couple of people who have not paid the service charge and a couple of bankrupcy apartments. I would like us to be able to recover this money but the developer really has no powers and in some cases she does not even have UK addresses.

I was wondering if it was possible to set up a management committee but to delegate responsibility almost to the developer so she can continue to manage the complex but we can pursue outstanding debts.

I really don't think most people, if not anyone (apart from me) can be bothered with a management committee, which is a shame.

Any advice would be welcome.

Michelle

[Nigel Howarth]

Hi Michelle

Unfortunately there are many people in this world who are content to have others do the work without lifting a finger to help.

If people are not willing to help you can apply to the Land Registry to have their staff manage things. Here's an extract from the Department of Lands & Surveys Citizens Charter:

"The Director of the Department of Lands & Surveys has the power and/or the obligation to intervene in matters concerning the management of any jointly-owned building only upon an application lodged with any District Lands Office and upon payment of the relevant fees by the applicant/owner of any unit."

But having the Land Registry do this will (I expect) prove expensive.

The developer should know the addresses of those who bought on the development - they'll be written in their contract of sale. As for those living permanently in the apartment the developer (or the management committee) can apply to a court for an order instructing the Land Registry to place a 'memo' against the property. Although this will not result in any money being paid immediately, the property cannot be sold or transferred until the debt has been cleared.

I have heard that he government is looking into the problem, which affects many people, to see how the law can be improved and strengthened. But don't hold your breath!

As the law was written in 1993, it doesn't work effectively for those with holiday homes where people rent out their apartments or visit infrequently.

Regards,

[michelle22cat]

Hi Nigel

Thanks for the reply.

I will just have to give it another go to see if we can get the management committee set up.

I am surprised about the level of apathy people have about their asset. I know things are not great at the moment and many people wish they hadn't bought, but if you have you may as well make the best of it!!

Regards

Michelle

[avanapa]

I do not think the level of apathy is surprising at all. It must be remembered that the situations people find themselves in are pretty unique to Cyprus. As you yourself have stated getting answers from the banks is like drawing teeth. I think most of those caught up in this are confident that, outside of Cypriot Jurisdiction, most cases would be laughed out of court.
Nevertheless, this may prove to be expensive in legal costs and I know many who say they will not waste another cent on crooked/unknowledegable Cypriot lawyers, developers, or even bank officials. They WILL fight when the time is right. If you have dealt with the bank you will know that it is abundantly clear that they have no idea what they are doing and the last place they want to be, is sat in front of you, trying to explain the logic in their highly flawed systems. It is hugely cringe worthy to be honest.
Rather than accusing people of Apathy you may consider that the word is Faith. Faith in the belief someone will come along and recognise what has happened to thousands of innocent people and deal with it accordingly.

[michelle22cat]

Hi Avanapa

I presume you were responding to my other post about bankruptcy and the bank. I agree with you that they haven't got a clue. I keep hoping things will improve at some point, but seven years on since the banking crisis it feels like things are getting worse rather than better so it is hard to have faith that things will improve. I don't bury my head in the sand which is why I am onto the bank regarding the bankruptcy apartment in my block. My hope is that the bank will get fed up of me and sort it out!!

Regards

Michelle

[avanapa]

Hi Michelle,
yes I did pick the wrong post lol, though it was just an attempt to explain how an apparent lack of action can be misconstrued as apathy.
I think there are many over the years who have tried to engage with the banks, lawyers etc, with a view to finding solutions and to be fair are no closer to doing so than those who decided to sit it out and leave it to a higher authority.
I wish you good luck!