Although having a committee for the last 10year we decided that we would make the committee legal. This we have done without a lawyer after you suggested to me that it was unnecessary to do so.
We have always had a problem with one apartment that was never sold, rented out by the developer, no payment has been made for all but one year, when he insisted that the tenant paid.
We have been informed that there are many memos on the property. Our intention was to also put a memo on the property but due to not having a legal committee at this time a lawyer would not carry this out due to the committee not being legal.
To do this every owner except the one in question submitted when asked a copy of passport and a latest utility bill,
Since February we have a letting agency turn up to say that the property has been sold to a lady in Jordon and all dealings would be done by him with the owners approval. The developer had stripped the place of everything including air-conditioning, cooker and sink leaving just the shell.
The new letting agent replaced everything and had two ladies from a Spar move in. These tenants have been no problem, being quiet and respect full
To complete the the full contingent of owners within our committee I have asked the agent for the relevant pages of the contract of sale, a copy of the owners passport and also a copy of the Power of Attorney. To this he refused saying that he cannot give this information to me under the Data Protection act.
If I wanted this information it would have to be through a lawyer paid by the owners.
I was thinking that maybe the property was still under the ownership of the developer.
We now have no choice but to have a lawyer do a search on the property and this is being carried out at this moment. This does mean we have to employ a lawyer at a cost which to me seems unnecessary.
The reason I brought this up Nigel is to ask what powers a legal committee has. Anyone could take control of an empty property and rent it out and when asked for the rights they have, say they have Power of Attorney and refuse to show proof of this
The only person who can rent a property is its owner, but they can appoint someone to act on their behalf under a Power of Attorney. But that Power of Attorney would not be responsible for paying the communal charges. And regardless of whether the rental agreement obliges the tenant to pay the communal charges, responsibility for their payment rests with the owner.
I'm not quite sure what you mean when you say that you have made the committee legal but the lawyer will not put a memo on the debtor property this time because you do not have a legal committee?
Thanks for your reply Nigel.
When I bought the property being the only one living in the complex and i needed to get the necessary payments made. To do this I opened a bank account in mine and the next door neigbours name (who was living in the UK) as a temporary means to hold and paying out money. All the other owners were not interested in meeting up to form what I call a legal committee. I was informed that I cannot open a Committee account and utility bills will not be put in to a committee account until I can show proof of a AGM with minutes and proof of identity of owners.
With information gained from this forum we set up a 'legal committee' with proxies. This meant that although we had 5 owners, it only needed to have 2 present with others submitting proxies.
When going to a lawyer to put a memo on one of the properties, I was informed that as it was not a legal committee and this could not be done, but first of all they would guide us through this process at a price.
If you have followed the correct procedure for setting a committee I don't understand why a lawyer has said that it's not legal?
Sorry Nigel. I obviously have not explained it properly.
This was before we had setup the committee properly and we wanted to add a memo to a property. At this time the lawyer wanted to setup the committee for us but you had advised us against this and we set it up ourselves saving about 250 euro
BTW you should have a rubber stamp made bearing the name of the committee and use it to stamp all documents.
you can't put a memo on a property unless you have title deeds. Is this correct?
You don't need the deeds but the property you're looking to place a memo against has to have Title Deeds.
I can't understand this Nigel
If we are on the same complex none of the apartments would have title deeds
If this is the case we can not put a memo on a property on the same complex if we do not have title deeds?
That's not the question you asked. "My understanding is that you can't put a memo on a property unless you have title deeds. Is this correct?"
The person wanting to place a memo on a property does not need to have Title Deeds.
But the property that person is looking to place a memo against has to have Title Deeds.
The question you need to ask is does the property Roy is looking to place a memo against have Title Deeds?
Even if you're on the same development it doesn't mean that none of the properties have deeds.
Also, I don't believe Roy wants to put a memo on his properties - he wants to put them on someone else. (You asked - "Chiploi, do your apartments have title deeds? If not, how are going to memo on your properties?")
We are looking to put a memo on a property on our complex, to my knowledge all owners had title deeds, it has turned out the one property we want to put a memo on she never applied for her deeds (lawyer told us this), the complex is 30 years old. I wonder if she has slipped through the net, and am going to try and get hold of the developer to see if he realises. She has also been to court for another matter that accrued costs. If she doesn't actually own the property then who is liable for any debts she runs up? She seems to know the cypriot legal system inside out.
Our lawyer (who I think are useless) are suggesting criminal proceedings as she already has a court order for a payment scheme which she is not sticking to. Our next step was a memo where it has come to light it is still in the developers name.
Is this really true that to put a memo/charge against a property, the property has to have the title deeds issued?
How is it that on our complex, a memo has been put against a property even though the title deeds have not been issued?. The committee paid to have the memo put against the property, so surely the Land Registry will have a copy on record, should ever the property be sold.
I understand that these memos, or charges have a limited life and have to be renewed after a number of years.
Sales of properties take place even if the owner of the property does not have title deeds. In this case, the contract of sale has to be reassigned. Therefore, when a sale takes place, surely the Land Registry will be notified and if a memo has been put against the property, this will be seen by the lawyers involved with the sale of the property.
"Where a Court has issued a judgment in favour of a creditor ordering the other party to the proceedings (judgment debtor) to pay a specified amount of money to the judgment creditor, the creditor may register a charge with the Department of Lands & Surveys against any immovable property registered in the name of the debtor as security for the recovery of the judgment debt.
"A memo remains in force for six years from the date the judgment was first registered with the Department and its duration may be prolonged by an order of Court for a further period not exceeding two years each time."
So I don't understand how a memo could be lodged against a property without deeds.
I guess the Management Committee has the receipt provided by the DLS when the memo was lodged?
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