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Cyprus Eastern Forum Index » Ask Nigel A Question » Another thorny maintenance issue -perhaps for Nigel to begin
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Another thorny maintenance issue -perhaps for Nigel to begin 
Post: #1   PostPosted: Sat Jun 17, 2017 5:30 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
This issue has been REALLY aggravating me for a few years now and has finally boiled up due to the article earlier today under the heading "Maintenance Issue"We live in a complex built by one of the islands largest builders.Many of us have our Title Deeds,albeit it took nearly ten years to get them and that was a struggle.In 2014,before we got Deeds we collectively agreed to remain with the management company who looked after our complex and we pay communal fees for 1.Regular lift maintenance 2.Regular checks on Fire Extinguishers 3.Building Insurance and Public Liability Insurance. 4.Communal water for garden irrigation and car washing 5.Communal electricity in passageways,garage area and stairs.5.Gardening services -two residents voluntarily look after the gardens but we call upon the gardeners for help with spiders and insects/branch cutting. 6.Cleaning services -three times a week.
EVERYONE who owns property here was aware right from when they took ownership what their responsibilities were regarding maintenance.and our 2014 decision left the responsibility for non payers with the maintenance company.Now for the thrust of this post -two owners have not paid their maintenance fees for a considerable time -one longer than the other and owe reasonable amounts of debt.They are resisting calls to repay what they owe.They both have properties on the top floor and continue to enjoy the benefit of the liftsand everything else.The final insult has come when we find that it looks like one of the non payers intends to rent out his three bed apartment on a regular basis this summer and give his tenants the benefit of our payments to the maintenance fees.I have had it with this individual -words like parasite,freeloader etc. spring to mind and we -as a group need to do something .I would appreciate wise words Nigel.I am talking something practical -this person would just scoff at the Cypriot Legal System from his position in the UK.Anyone else who has a sensible suggestion please tip in.These guys are just extracting the urine and the longer they get away with
it the more empowered they feel.Help!

Campbell.

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Post: #2   PostPosted: Sun Jun 18, 2017 6:21 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
Bump -Been a member of this Forum for a few years and NEVER had this negative response to a request for advice/assistance/comment.I appreciate its an old chestnut but anthing would be better than nothing.I have had one reply off post which was appreciated and if thats the way you wish to respond then fair enough.Nigel - where are you my friend?

Campbell.

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Post: #3   PostPosted: Sun Jun 18, 2017 6:51 am Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi Campbell

I can't be at my computer all the time.

You should not leave the collection of communal fees to the management company - this is something that your management committee needs to pursue.

The committee will have to take legal action against the defaulters. A stiff letter from a lawyer may do the trick, but if that does not work the matter will have to be dealt with by the court. (The claim can include legal expenses and court costs.)

And while the UK remains in the EU and assuming the debtors do not contest the court ruling, the court judgement can be enforced in the UK via an 'EU Enforcement Order'. When the case comes to court in the UK the debtors will b eunable to defend.

Regards,

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Post: #4   PostPosted: Sun Jun 18, 2017 7:02 am Reply with quote
bubblechris
Joined: 27 Mar 2009
Posts: 4431
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Location: Winchmore Hill, London N21

 
Alternatively you could post a list of who has and hasn't paid foe services and highlight the nonnpayers. Put it up whenever the new guests can see it and put a jotevthrough their door telling them they cannot use the pool and that you will take legal aftioncafainst them for trespass.

You're not lying so telkvsnyone who says you could be sued for defamation to keep out of it.

Use a combination lock and change it regularly. Make sure these a notice there infirming them they will be trespassing. The first thing they will do is contact the owner who may not want to upset his tenants.
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Post: #5   PostPosted: Sun Jun 18, 2017 7:40 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
Okay Nigel -slap on the back of the head accepted!!!!!!!! Thank you for taking the time to come back to me.The management company have commenced legal proceedings against the defaulters but "They" are playing the game

Campbell.

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Post: #6   PostPosted: Sun Jun 18, 2017 7:46 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
bubblechris,
Thanks for that -the pool is an entirely separate problem we separated ourselves from a few years ago and has nowt to do with quite a few of us.Too easy access and difficult to block.No responsibility so dont care.

Cheers,
Campbell.

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Post: #7   PostPosted: Sun Jun 18, 2017 9:12 am Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi Campbell

Just to explain - I had a very busy day yesterday. I'm the Hon. Sec of a registered NGO in Cyprus and following our AGM last November I sent to twp packs of papers to the Interior Ministry by courier - expecting from previous experience that it would take 6 months for the Interior Ministry to reply.

I phoned the Ministry on Friday to discover that the two packs of papers were not delivered.

So yesterday I was scrabbling around with the Hon. Chair. & Hon. Sec. to gather all the papers together, scan them and email them to the Interior Ministry.

Back to your problem. As it's your appointed Management Company taking legal action, what are the games the defaulters are playing?

Regards,

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Post: #8   PostPosted: Sun Jun 18, 2017 9:28 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
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Location: Kapparis January 2007

 
Hi Nigel,
Refusing to acknowledge documents from process servers and that they therefore do not have any responsibility for debt.

Campbell.

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Post: #9   PostPosted: Sun Jun 18, 2017 10:41 am Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi Campbell

It sounds as if a court summons may be necessary.

If they fail to appear to defend the action, they're done for.

Regards,

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Post: #10   PostPosted: Sun Jun 18, 2017 12:02 pm Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
Thank you Nigel -will pass on the words of wisdom.

Campbell.

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Post: #11   PostPosted: Sun Jun 18, 2017 12:49 pm Reply with quote
Steve - SJD
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Campbell,

The advice is invariably the same regardless of the individual particulars
of the problem. If people don't pay, warn them by letter then if that doesn't
work the only other option to recover monies is to take legal action.

As Nigel mentions it can be done relatively easy at the moment and I
know that there are those that have been successful as it's pretty clear cut.

Unfortunately there will be some limited up front costs but they should be
included in the claim. You could make that clear in the first warning letter
as an extra incentive for them to pay up - however in your case it looks
like it has gone past that stage.

Cheers

Steve
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Post: #12   PostPosted: Sun Jun 18, 2017 12:58 pm Reply with quote
journo
Joined: 22 Mar 2009
Posts: 5167
Pictures: 17

 
If, when you take the debtors to court here, and secure a ruling against them (a 99.9% certainty I would say) but they still refuse to pay you can indeed have that order enforced in the UK.

They will be given the option to pay up there, but if they still refuse, the bailiffs will be sent in to seize property sufficient to cover the full debt; including all legal and enforcement fees.

When debtors in Cyprus refuse to pay their Common Parts despite a Cyprus Court Order, you can have a 'Memo' lodged against the property at the Land Registry which says no sale can take place until the debt it settled.

Not particularly useful though if the owner has no intention of selling and the property will be passed on to the next generation to sort out the 'sh*t'.
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Post: #13   PostPosted: Sun Jun 18, 2017 8:21 pm Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
Thanks folks - its given me a few things to think about.
Campbell.

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nonnpayers 
Post: #14   PostPosted: Tue Jun 20, 2017 8:09 am Reply with quote
shoshanna
Joined: 23 Feb 2009
Posts: 143
Pictures: 0

 
Hi
We too have had a ongoing problem with non payers for a few years now!
but for us it is the developer family that live on our block that are refusing to pay!and i can tell you very annoying when you see them using facilities ie the lift etc.we have as a committee tried Lawyors letters, debt management companys,meetings till we are blue in the face,(excuse the pun)We do not have our title deeds yet? but hopefully will be getting them by the end of year.Have been told recently by lawyor once we get our title deeds we will be able to take each individual apartment owner to small claims court if under 3.000 per apartment .supposed to be quite quick! dont know about that ,as this is cyprus!
It is not right that payers are subsidising the non payers ! espeically when jobs need doing on complex and not enough money ,and what money we have we have to keep for ongoing bills for the facilities that non payers are using.
I know this is a very common problem in cyprus and has been for years!
just wish the system was easier and cheaper to enforce.
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Post: #15   PostPosted: Tue Jun 20, 2017 8:33 am Reply with quote
Campbell Findlay
Joined: 24 Jan 2007
Posts: 3612
Pictures: 0
Location: Kapparis January 2007

 
Thank you for sharing -its a small comfort but good to know we are not all alone.

Campbell.

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Another thorny maintenance issue -perhaps for Nigel to begin 
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