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Cyprus Eastern Forum Index » Ask Nigel A Question » Legitimacy of a committee
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Legitimacy of a committee 
Post: #1   PostPosted: Tue Oct 16, 2018 10:44 am Reply with quote
sheeb
Joined: 04 Nov 2009
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Location: Ayia Thekla

 
Hi Nigel. Sorry that you most probity covered this subject before but most of the questions similar to this are about apartment complexes & this is about a development of 30 houses. We have had a committee in place for a few years now as we have a sewage treatment plant that needs to be looked after & paid for by the owners of the houses on the development. One family who own 2 properties have been refusing to pay for various different reasons which amount to them just not wanting to pay. They are now saying that they do not recognise the committee as it is not legal. The committee was voted for at an AGM and counting the owners present & the proxy votes, they amounted to more than 50 %.
The family are now saying that we should have legal rules & constitution written by a solicitor? Help please Nigel
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Post: #2   PostPosted: Tue Oct 16, 2018 12:23 pm Reply with quote
nhowarth
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Hi sheeb

No need to apologise - I'm here to help if I can.

The family of who you speak is talking through an orifice normally reserved for another purpose.

The law governing buildings under joint ownership (an English translation of which you can
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) defines how to establish a management committee, how communal fees and voting rights are calculated, organising general meetings, insurance, etc, etc..

It also includes the standard regulations, which among other things defines the rights and obligations of the owners or occupiers of the units, including their contribution to the communal fees.

If this family continue to refuse to pay, I suggest your management committee gets a lawyer to write to them confirming that the committee is is legal and to pay their fair share towards the communal fees or face the consequences.

Regards,

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Post: #3   PostPosted: Tue Oct 16, 2018 1:47 pm Reply with quote
sheeb
Joined: 04 Nov 2009
Posts: 118
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Location: Ayia Thekla

 
Thank you Nigel for your reply & the link. I have tried to read through it to make sense of how it fits with our problem. It is difficult reading for a layman & the way fees are calculated seem complicated. We have looked at our costs & divided by 30 & that is how we arrived at our figure.
You are right about their orifice & the same substance comes out of their mouth when opened!
I agree with going to a solicitor but the rest of the committee decided against it & wanted to try negotiating with the family which has just not worked. The family concerned are English Cypriots living in London so one property is their holiday home & the other is rented out long term.
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Post: #4   PostPosted: Tue Oct 16, 2018 2:26 pm Reply with quote
nhowarth
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Hi sheeb

I wrote an article earlier this year explaining how to calculate communal fees, which I hope is easier to follow than the law. You can find it at
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.

Calculating voting rights for each of the units is along the same lines, but uses the unit's 1980 value rather than its size.

If you have your Title Deed scan the bit below into your computer and send it to me. (If you don't have a scanner a photo will do as long as I can read the text.)



Best to
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and I'll reply with my email address.

Regards,

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Post: #5   PostPosted: Wed Oct 17, 2018 7:27 pm Reply with quote
sheeb
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Thank you Nigel. Unfortunately we don't have our deeds yet . I did try to send you a message last week on the website but never got a reply. I will try again shortly
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Post: #6   PostPosted: Thu Oct 18, 2018 6:19 am Reply with quote
nhowarth
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Hi sheeb

For some reason emails sent from here do not always get through for some reason. It's best to get in touch via
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(I did receive an email from someone else this morning.)

Regards,

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Post: #7   PostPosted: Wed Oct 24, 2018 4:36 pm Reply with quote
lamby
Joined: 01 Jul 2011
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Location: Sotira

 
Apologies sheeb for invading your thread.Nigel,it is mentioned on this thread about not having the deeds.we are on a development of 17 villas and do not have our deeds. can we legally have a committee, or do we have to wait until we attain them?Thanks
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Post: #8   PostPosted: Thu Oct 25, 2018 5:54 pm Reply with quote
nhowarth
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lamby wrote:
we are on a development of 17 villas and do not have our deeds. can we legally have a committee.


Yes (assuming the 12 villas have some shared facilities; a pool for example,)

Regards,

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Post: #9   PostPosted: Fri Oct 26, 2018 12:43 pm Reply with quote
lamby
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nhowarth wrote:
lamby wrote:
we are on a development of 17 villas and do not have our deeds. can we legally have a committee.


Yes (assuming the 12 villas have some shared facilities; a pool for example,)

Regards,


Apologies Nigel,probably did not explain properly,it is 17 individual villas with our own pools.so in effect a housing estate.tia
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Post: #10   PostPosted: Fri Oct 26, 2018 2:03 pm Reply with quote
nhowarth
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Hi lamby

If your house is on a development where there are no shared facilities, a Management Committee is not required as there are no shared facilities to maintain, insure and repair.

But you'll need to check at the Land Registry. Some developments have private roads, which need to be repaired and maintained by the residents - and you will need a Management Committee.

Regards,

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Post: #11   PostPosted: Fri Oct 26, 2018 2:50 pm Reply with quote
lamby
Joined: 01 Jul 2011
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Location: Sotira

 
nhowarth wrote:
Hi lamby

If your house is on a development where there are no shared facilities, a Management Committee is not required as there are no shared facilities to maintain, insure and repair.

But you'll need to check at the Land Registry. Some developments have private roads, which need to be repaired and maintained by the residents - and you will need a Management Committee.

Regards,


Ah ok! sounds like we might have to form one as we are in a private road.a neighbour has mentioned chapter 224 of Cyprus legislation? not sure if this is a standard stipulation?Thanks Nigel.
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Legitimacy of a committee 
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