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Cyprus Eastern Forum Index » Ask Nigel A Question » Surplus communal funds Goto page Previous  1, 2
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Post: #21   PostPosted: Tue Jan 01, 2019 5:03 pm Reply with quote
trevnhil
Joined: 30 Aug 2005
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Location: Polemi. Paphos area

 
I would not have thought that you can just 'Magic up' a late payment and interest charges. i would want to see that in the rules ..

Trev..
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Post: #22   PostPosted: Tue Jan 01, 2019 5:21 pm Reply with quote
journo
Joined: 22 Mar 2009
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Having a separate fund (and an account for that) is always a good idea.

Presumably if it's a true complex (rather than the ten properties each fronting a public road) there may be internal roadways and paths to maintain and possibly a common connection to the mains sewerage etc.

Surely if it's registered as a jointly-owned property (ie each house owner also owns a proportion of the 'common land' on which the complex is built as well as its facilities - the pool and any outbuildings, guest parking etc.) then I believe a contingency fund is essential.
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Post: #23   PostPosted: Tue Jan 01, 2019 10:58 pm Reply with quote
J B
Joined: 25 Jul 2005
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Location: Shropshire/Staffordshire/Cheshire (UK) and Tala (Paphos) sometimes!

 
Thanks everyone

All points duly noted.

After a 'gentle' persuasive email, the lady has promised to cough up

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Post: #24   PostPosted: Tue Jan 01, 2019 11:58 pm Reply with quote
CyprusForMe
Joined: 09 May 2007
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Location: Having escaped the near-death experience of Sofia Bulgaria, happily living in Frenaros

 
trevnhil wrote:
I would not have thought that you can just 'Magic up' a late payment and interest charges. i would want to see that in the rules ..

Trev..


I was assuming those mechanisms were in place. If not, they should be.

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Post: #25   PostPosted: Wed Jan 02, 2019 7:24 am Reply with quote
nhowarth
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J B wrote:
After a 'gentle' persuasive email, the lady has promised to cough up


Pleased to hear you've resolved the problem.

Happy New Year

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Post: #26   PostPosted: Wed Jan 02, 2019 8:00 am Reply with quote
Blossom
Joined: 07 May 2015
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CyprusForMe wrote:
One could argue that she had been paying the required amount all this time, giving tactic, if not explicit, approval of the fees. Now suddenly she decides not to pay the full amount. The proper way to do this is she has exception to the amount of fees is not not to pay, but to bring the matter up at an AGM or special meeting and allow all members to vote on the matter.

I would inform her as such. Ask her to pay the balance due in one month, informing her that if she doesn't pay by then, then she will incur a late payment fee and interest charged.

the problem is, can you legally do this?

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Post: #27   PostPosted: Wed Jan 02, 2019 1:38 pm Reply with quote
madmum
Joined: 01 May 2016
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Location: protaras

 
Blossom wrote:
CyprusForMe wrote:
One could argue that she had been paying the required amount all this time, giving tactic, if not explicit, approval of the fees. Now suddenly she decides not to pay the full amount. The proper way to do this is she has exception to the amount of fees is not not to pay, but to bring the matter up at an AGM or special meeting and allow all members to vote on the matter.

I would inform her as such. Ask her to pay the balance due in one month, informing her that if she doesn't pay by then, then she will incur a late payment fee and interest charged.

the problem is, can you legally do this?



Doesnt your committee have a solicitor? non payers at my apartment get told if payment not made then will be passed to the solicitors. they send a letter & fees are added on to the amount owed
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Post: #28   PostPosted: Wed Jan 02, 2019 2:09 pm Reply with quote
cansweet
Joined: 22 Sep 2009
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Location: cuckoo land

 
madmum,
If only it was that simple.
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Post: #29   PostPosted: Wed Jan 02, 2019 8:52 pm Reply with quote
J B
Joined: 25 Jul 2005
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Location: Shropshire/Staffordshire/Cheshire (UK) and Tala (Paphos) sometimes!

 
nhowarth wrote:
J B wrote:
After a 'gentle' persuasive email, the lady has promised to cough up


Pleased to hear you've resolved the problem.

Happy New Year


Happy New Year and thanks again ... just one more thing before you go ...
In her (not very happy) message agreeing to pay the balance she said
"I therefore wish to no longer be a part of this committee and respectfully ask that you do not contact me anymore. I will pay the remaining fee in due course. From now on, Axxx will be dealing with any future committee issues so please replace my email with his"

That's fine with me, but are we still legally obliged to inform her of AGM's etc, or can we just accept that Axxx is her representative ?
She is the owner and I believe him to be her partner, (but not co-owner)

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Post: #30   PostPosted: Thu Jan 03, 2019 6:35 am Reply with quote
nhowarth
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Hi J B

So she was a member of the committee as well?

There seems to be nothing in the law about replacing a committee member who resigns - only about electing members at a general meeting.

Can the committee function with one less member until the AGM?

Regards,

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Post: #31   PostPosted: Thu Jan 03, 2019 8:04 am Reply with quote
J B
Joined: 25 Jul 2005
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Location: Shropshire/Staffordshire/Cheshire (UK) and Tala (Paphos) sometimes!

 
nhowarth wrote:

So she was a member of the committee as well?


No, not on the committee (her misuse of the word), just an owner, so I just wanted to check that it's OK to use her 'representative' as our point of contact.

Smile

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J B
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Post: #32   PostPosted: Thu Jan 10, 2019 10:27 am Reply with quote
nhowarth
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J B wrote:
I just wanted to check that it's OK to use her 'representative' as our point of contact.


I suggest you get it from her in writing to avoid potential problems at a later date.

Regards,

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Post: #33   PostPosted: Thu Jan 10, 2019 9:21 pm Reply with quote
J B
Joined: 25 Jul 2005
Posts: 1382
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Location: Shropshire/Staffordshire/Cheshire (UK) and Tala (Paphos) sometimes!

 
nhowarth wrote:
J B wrote:
I just wanted to check that it's OK to use her 'representative' as our point of contact.

I suggest you get it from her in writing to avoid potential problems at a later date.


We already have it in writing ...

J B wrote:

"I therefore wish to no longer be a part of this committee and respectfully ask that you do not contact me anymore. I will pay the remaining fee in due course. From now on, Axxx will be dealing with any future committee issues so please replace my email with his"


As to avoiding potential problems ..... Rolling Eyes

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J B
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