Dispute with developer

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rollwithit
Posts: 14
Joined: 15 Oct 2009 22:44

Dispute with developer

Post by rollwithit » 22 Jan 2010 20:06

Dear Nigel,

thanks for your last advice it was quite useful. Well done on your site its very informative.
We are having dreadful problems with our Developer/Maintenance provider. As we dont have title deeds they are constantly making demands
on the owners regarding our contracts and fees. Its not worth going into the various bullying tactics which we are putting up with. Our committee (unregistered) have been advised they cannot sue them as a committee as were not reg etc. However many owners have got together to get legal advice. My question is - I have read that disputes between the management company and management Committee can be resolved by seeking the involvement of the 'director' at the land registry? Can you advise me about this so i can inform our group of around 40 owners before we instruct our lawyer?
Is there any other advice you can give us on this matter. Is there a small claims court in Cyprus that we can take a test case for one of the owners? Or is it possible to involve the Cypriot Ombudsman? Were reluctant to take legal action for a number of reasons, but we will if its the last resort - were almost there!

Look forward to your reply
Roll with it.



Nigel Howarth
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Posts: 2416
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: Dispute with developer

Post by Nigel Howarth » 22 Jan 2010 21:24

Hello Roll with it,

Thanks for your comments.

Concerning your problems, you can make an application at the Land Registry for the director to intervene on your behalf:

"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 filed with the Lands Office of the District where the property is situated and upon payment of the relevant fees by the applicant/owner of any unit."

But I have no information on how you would go about this. I'm sure someone at the Land Registry could advise.

And as you have said, because you do not have your Title Deeds, your committee cannot register and it therefore has no legal powers.

And unfortunately, there are no small claim courts in Cyprus that could deal with this matter. And you cannot involve the ombudsman until the state has failed you.

I think your best approach is to take legal advice on the matter - if all forty of you share the costs, it shouldn't be too expensive. But it would be worth getting legal opinion before proceeding with any court action as this would save you pursuing a case the court that you could not win (if the opinion was not favourable to your case).

There should be a written agreement between you and the maintenance provider detailing costs, responsibilities and increases in charges.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
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