Shared Roof

Questions about living in properties with shared/common facilities
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Keith
Posts: 2
Joined: 02 May 2012 17:34

Shared Roof

Post by Keith » 03 May 2012 18:51

Hi Nigel

We own an apartment in a complex with 34 apartments. Our apartment is in a block of four, two upstairs and two downstairs. We would like to know who is responsible for the roof repairs.
We pay an annual maintenance charge through the Management Committee but do not have an agreement specifying exactly what the charge covers.
In the past the roof repairs have been paid by the owners of the upper apartments in the complex. However an article in the Cyprus Weekly suggests that according to the "Immovable Property Law" covering complexes, the cost of roof repairs should be shared between all owners.
Should the cost of repairs be shared between all the complex owners, or just the owners of each individual block.

Keith



Nigel Howarth
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Re: Shared Roof

Post by Nigel Howarth » 03 May 2012 19:32

Hi Keith and welcome to the forum,

Generally speaking, roofs of apartment blocks form part of the common or shared area and maintenance and repairs are taken care of by the Management Committee.

However, this is not necessarily the case. It may be that the roof forms part of the penthouse apartments - in which case they would have exclusive use of the roof space and responsibility for their maintenance and repair would rest with their owners.

Two things you can do to check whether the roofs are common or shared is:

a) Look at the contracts of sale for the penthouses - if the roof forms part of their property (and are therefore private) it will be mentioned in the contract.

b) Visit the Land Registry and get the registration details of block - this will show whether the roofs are private or shared.

Regards,


Nigel Howarth
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Keith
Posts: 2
Joined: 02 May 2012 17:34

Re: Shared Roof

Post by Keith » 04 May 2012 10:48

Thanks for reply Nigel.

I do not have the Contract for Sale with me but I am fairly sure that there is no mention of the responsibilty for the roof. However as each roof has the water tanks, solar panels, TV aerials and dishes for both the upper and lower apartments is this not evidence that the roof is not exclusive to the upper apartments.

If this is the case and the roof is the responsibility of the Management Committee should the cost of repairs be borne by the occupants of each block or shared by the whole complex.

Keith



Nigel Howarth
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Re: Shared Roof

Post by Nigel Howarth » 04 May 2012 18:33

Hi Keith,

Yes - it sounds as if your roof is part of the shared areas.

You'll need to speak to the management committee on how things are organised. It's likely that the 34 apartments are under one umbrella and the costs will be shared between all the owners rather than each of the blocks having its own fund.

Regards,


Nigel Howarth
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wifeofgeordie
Posts: 1
Joined: 20 Jun 2019 00:22

Re: Shared Roof

Post by wifeofgeordie » 20 Jun 2019 00:33

Hi I have just joined forum. I also have problems with roof needing repairs in block of 4 apts part of complex with another block of 4 and 8 villas.
My neighbour and I had obtained a quote for repairs and discussed with person who owns both apartments below. He is refusing to contribute. Just wondered if anyone has any more up to date info.
If roof is responsibility of myself and neighbour I assume I can lock roof as it is part of penthouse apartments. Does that mean I own all equipment on it? All water tanks and solar panels?
Will our property management company seek contribution from all residents to pay for repairs if roof is communal?
Help appreciated



Nigel Howarth
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Joined: 24 Oct 2007 14:38
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Re: Shared Roof

Post by Nigel Howarth » 20 Jun 2019 12:03

Hi wifeofgeordie & welcome to the forum

Do you have the deed for the apartment?

The reason I ask is that it's possible that your building has not been registered as jointly-owned as it only comprises four units. I can get a good idea of whether it is shared on the DLS Database.

If it is shared your Management Committee needs to ensure the roof is repaired from the communal funds. It's not your responsibility to chase those living below - that's a job for the Management Committee.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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