Management Committee

[barryedwards]

Hello Nigel,
I have just been told news of a quite disturbing and far reaching nature concerning Management Committees. A year or so after a Committee was established complete with a list of names, they had an AGM and a couple of people came off and a new couple were elected onto the Committee. When they went back to their Lawyer to amend the names on the Committee they were told that effectively they had to re-register with a set of rules and Regulations (albeit identical) and names of the "New" full Committee even though only two had changed. There were of course considerable costs involved which I won't go into.
I am told they have found a way around this by electing all "New" Committee Members as " Acting ". So they have an acting Chairman, etc. down to acting Committee Member. Apparently this works for the day to day running of the Committee. However, and here's the crunch moment, it means that the original signatories are still liable as far as the Law is concerned, and this situation lasts indefinitely.
A second opinion was sought from another Lawyer who confirmed there was no alternative but to re-register every time a Committee Member changed. ( you could only make it up in Cyprus )
Have you ever come across this as I am sure this will put a lot of people off becoming Members of a Committee.
Best Regards, Barry.

[Nigel Howarth]

Hi Barry

I have not come across this issue before - and I don't understand why registering a committee at the Land Registry has involved "considerable costs".

As I understand it all that is required is a letter bearing the rubber stamp of the committee to be sent to the Land Registry notifying them of the change of committee members.

Regards,

[barryedwards]

Hi again Nigel,
Regarding the above, I asked another Lawyer yesterday and she confirmed that a complete new set up is required every time there is a change in the Committee, even if it is one name change. She also said there would only be a small discount on the original cost of setting up the Committee. This could become 1500 euro's a year if there is a small change every year. Are your readers aware of this.It could be a nice little annual earner for the legal profession.
On the other hand it may be because the committee was registered with the Lawyer and not the Land Registry which could also be why they tell us we no longer need to register at the Land Registry.
Best regards, it puts off people bothering with a Committee.
Barry.

[Nigel Howarth]

Why on earth are you using a lawyer for this?

Regards,

[barryedwards]

Hello Nigel,
Just to be clear,we have not got that far yet. We are using a Lawyer to prepare and authorise our Regulations, as you have recommended on many occasions in the past. Once prepared, do I understand we do not need the Lawyer to Register these Regulations or the Committee and we do that bit ourselves?
Best regards, Barry.

[Nigel Howarth]

Hi Barry,

You can do the registration yourselves. Check out the Department of Lands and Surveys Citizens Charter at http://cdn.cyprus-property-buyers.com/w ... harter.pdf (You could write the regulations yourself - I'll send you a sample).

Regards,

[barryedwards]

Hello Nigel, Thanks for that. We have used the sample Regulations as a template for our own, with a few additions and amendments to suit our own complex. Do you recommend we have our document checked by a Lawyer before we issue to all Owners.
Best regards, Barry.

[Nigel Howarth]

It might be worthwhile asking a lawyer to look them over - here are some notes on the subject by Louise Zambartas:

Regulations for the management committee

The owners of the units of jointly owned buildings may (by 75% agreement) draw up their own rules for a Management Committee or amend the Regulations in the Law, providing for the manner in which their building will be controlled, managed and enjoyed.

Such Regulations should be drawn up by a lawyer in order to ensure that they comply with the law.

Most particularly the Regulations may not:

• Limit transfer rights of the units;
  Terminate or alter the rights of any owner of a unit;
  Impose an obligation or payment not specified by law or Regulations;
  Allocate a specific part of the jointly owned property as limited unless this is done in accordance with the law.

Registration of regulations Registration of Regulations, or any amendment of the Regulations, is effective by submission of a certified copy of such to the Director of the Land Registry.

Regards,

[barryedwards]

Hi Nigel,

I went down to the Paphos Land Registry the other day and spoke to the supervisor at the Department of Lands & Surveys. She informed me that they no longer Register Committee's or their Regulations. So much for the 2011 Citizens Charter. Were you aware of this ?

Best Regards, Barry.

[Nigel Howarth]

Were you aware of this ?

Different Land Registries work in different ways. They make it up as they go along!

Regards,