New rules for communal pools

Legal questions answered by Cyprus property lawyer Louise Zambartas

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Pauleus
Posts: 11
Joined: 10 Nov 2014 09:57

New rules for communal pools

Post by Pauleus »

Hi, like lots of people we have been sent a letter from our developer saying our communal pool cannot be used unless we obtain a license for it and we need a lifeguard present and they have shut our pool down. The pool is used by 64 units. They also say we can't have the deeds unless the pool is licensed or closed down.
I believe these rules were introduced in 1992 so they aren't exactly new but developers have just ignored them until now. Our pool was made available to us in May 2006 so I asked the developer why they didn't get the necessary license before they allowed it to be used but they said that the rules didn't apply then but I believe they did so we have effectively been breaking the law since 2006 by using the pool without a license.
When we bought our properties we did so on the understanding that there was a communal pool on the complex that we could legally use. Neither the developer nor the solicitor mentioned anything about having to have a license and a lifeguard present.
We have been informed by some pool companies that the lifeguard 'requirement can be satisfied with a sign by the pool saying 'No Lifeguard On Duty. In Emergency Telephone........... (Lifeguards Tel Number). I find this a bit difficult to believe.
Is there any legal way we can avoid the costly problem of having to employ a lifeguard to be present when anyone is using the pool ?
In our situation the lifeguard would be sat there fo 75% of his time looking at an empty pool and as so few owners use the pool I can't imagine we will be able to get a majority vote from the owners to employ one.
Any thoughts advice greatly appreciated.
Thanks
Paul
Nigel Howarth
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Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
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Re: New rules for communal pools

Post by Nigel Howarth »

Hi Paul,

Louise rarely gets the opportunity to visit these days due to the pressure of work. If you want to contact her directly, check out her firms website at http://www.zambartaslawoffices.com/ .

This is a long-standing problem with shared pools on developments. Until a few years ago the regulations were ignored, but in recent times the authorities have been clamping down.

There is a possible light at the end of the tunnel as the government is looking into changes in the law - see http://www.news.cyprus-property-buyers. ... id=0047368 but until then I'm afraid you're stuck.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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Pauleus
Posts: 11
Joined: 10 Nov 2014 09:57

Re: New rules for communal pools

Post by Pauleus »

Thanks Nigel,

I think I speak for lots of other people when I say that if this had been pointed out to me by the developer or the solicitor at the time of buying I would not have bought my property.

Paul
Pauleus
Posts: 11
Joined: 10 Nov 2014 09:57

Re: New rules for communal pools

Post by Pauleus »

Would there be a charge for contacting Louise and asking her advice ?

Paul
Nigel Howarth
Site Admin
Posts: 2534
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: New rules for communal pools

Post by Nigel Howarth »

Pauleus wrote:Would there be a charge for contacting Louise and asking her advice ?
I can't speak for Louise, but I wouldn't be surprised if there was a charge.

Some of the regulations have been in force since 1992, others came in 1996, but were generally ignored by everyone until 2005. TPTB started demanding licences in the eastern end of the island - and the contagion gradually spread.

In 2007 the govt said it was reviewing the law - and made a similar vacuous announcement in 2008. We'll have to see if their latest announcement is yet another empty promise.

I guess you're aware that you breaking the law by living in a building that has yet to be issued with a Certificate of Completion. That's yet another law that's universally ignored (although it has been invoked on a couple of occasions).

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news
Pauleus
Posts: 11
Joined: 10 Nov 2014 09:57

Re: New rules for communal pools

Post by Pauleus »

Wow, that is worrying.

I knew we would be breaking the law if we used the pool but didn't know we were breaking the law by just living here.
I'm increasingly disgusted that my solicitor did not advise me of this at the time I bought the place.

Paul
Pauleus
Posts: 11
Joined: 10 Nov 2014 09:57

Re: New rules for communal pools

Post by Pauleus »

I've been told that if we have a AX number from the land registry, which we have, then we are ok.
Nigel Howarth
Site Admin
Posts: 2534
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: New rules for communal pools

Post by Nigel Howarth »

The 'AX' number is a file number for work that the Land Registry will undertake. It depends what that work is.

I suggest you get the full number and make enquiries at the Land Registry.

If it is for the deeds to be produced, they will be issued in the name of the owner (i.e. the developer).

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