CyprusLiving

We have been told by our Legal representative that we now have to register our complex with the authorities. This must be done before we can take non payers of communal fees to court.

The cost is approx 64 euros per unit on the complex (whether occupied/completed or otherwise).

Has anyone else heard of this - apparently a new Cyprus regulation from 2015 ?

We already have a proper administrative committee, management agreement etc

Perhaps Nigel can assist ?

Geoff

Hi Geoff

For a long time it's been the case that a jointly-owned building has to be registered. Here's an extract from the DLS Citizens Charter:

"Where a building permit for a building was granted after 12.2.1993 and the building consists of at least five units, it is considered by law as “jointly owned” and shall be registered as such upon registration of the units. Nevertheless, where a building permit was granted before 12.2.1993, the building may be registered as jointly owned upon an application filed by any of the owners of the units or by the building’s management committee. The application shall be made on the appropriate form. The applicant may also request the registration of the area of each of the units and of his share to the jointly-owned property on the same form."

You'll find the associated DLS fees in the document at http://cdn.cyprus-property-buyers.com/w ... _12_13.pdf

Regards,

Thanks for your prompt reply Nigel.

It seems that this is OK which is good news as we didn't want to be conned by her !!!


Geoff

Geoff

Just a copy of these two gems from people in authority... from 2013 ....
================================================

-------- Forwarded Message --------
Subject: RE: Txxx Jxxxx Residents Association
Date: Wed, 3 Apr 2013 14:32:12 +0300
From: Βάσος Γιαζος <[email protected]>
To: 'J B


Dear Sir,



Following your email, firstly I would like to confirm you, that the building is register as a joined ownership building, as well as that the information you provide me is correct.

According to the Legislation chapter 38(KB) every joined ownership building must form a Management Committee. This committee is formed by the owners after an owners meeting which is held according to the Standard Regulation. There is no procedure for registering the Management Committee to the Land Registry. The application form that you are referring was up loaded by mistake so is no use for it.

The Management Committee can prove its validity with the minutes of the owners meeting. You have to provide us with the minutes every time that the Management Committee has to apply for any application to the Land Registry.

Regarding the transfer of the bills to the name of the Management Committee, is matter that you have to arrange it with the appropriate authorities.

Regards

Vassos Yiazos

==================================================================



-------- Forwarded Message --------
Subject: Registering a Committee
Date: Fri, 24 May 2013 12:37:15 +0300
From: Myria Konnari <[email protected]>
To: J B


MINISTRY OF THE INTERIOR
DEPARTMENT OF LANDS AND SURVEYS
DISTRICT LAND OFFICE PAPHOS
NEW GOVERNMENTAL OFFICES
P.O.BOX 60008
8100 PAFOS

E-mail [email protected]
Webpage: www.moi.gov.cy/dls

24 May 2013

I would like to inform you that all application forms provided by our office are written in Greek.

Any translation may be arranged by the interested person.

The management committee you mention cannot be registered (and there is no need to be registered) to my office.

The Director of the Department of Lands and Surveys has the power and/or the obligation to intervene in matters concerning the management of any jointly-owned building only upon application lodged with any District Land Office and upon payment of the relevant fees by the applicant/owner of any unit. In any of the following causes:

1) For the appointment of management committee or temporary management committee.

2) Registration of Regulations (if these differ from the standard approved regulations).

3) Estimation of the area of the units

4) Determination of the share allowed to each unit

5) Convening a General Meeting of the owners of the units.

(FILIPPOS AIMILIOU)

For District land Officer Paphos
=========================================================

Good luck .................. (we didn't register our committee!!!)

To be quite honest, I am still non the wiser.

Nigel

Once we have registered our Complex where is the registration held ??

Do we get our own copy ??

Geoff

Geoff

Just going back through this ....

Your 'Legal Representative' is going to register your complex, you say.

Who do they register it with? Land Registry?

€64 per 'unit' - how many units?

We haven't instructed her yet as I am still trying to get as much info as possible.

She states that it is a 3 stage process
Part one is 6 euros per property for the search (we have 72 which includes 5 that are empty but still must be registered)
Part two is 23.10 euros per unit and the last part is 24 euros per unit. Her fee is 720 euros - 10 per unit.

Geoff

So ... €4½K .... for what????

Yes, that's why I'm asking around to see if this is Kosher !!

She is saying that in order to take a non-payer (communal fees) to Court the Court will want to know who is taking this action against them.

So to be a 'legal entity' we must register the Complex. She says that it cannot just be the Administration Committee as they are not a legal entity themselves but only the appointed body to run the site i.e Chairman, Secretary, Treasurer etc.

In some respects it seems logical !!!

I am just trying to find out if other Complexes are registered and if so how has it helped them ??

Geoff

Hi Geoff

As I advised in my initial reply a jointly-owned building has to be registered with the District Land Office (DLO). The only other thing your need to register with the DLO are the regulations, but only if they differ from the regulations contained in the law.

The DLO charges can be found in the document at http://cdn.cyprus-property-buyers.com/w ... _12_13.pdf

Normally the registration of the jointly-owned building is carried out (and paid for) by the developer. It may be worthwhile checking with the Land Registry to see if this has been done. If it has then I don't know why your 'legal representative' is saying that you have to register the complex.

Regards,

Nigel-Howarth wrote:Normally the registration of the jointly-owned building is carried out (and paid for) by the developer. It may be worthwhile checking with the Land Registry to see if this has been done. If it has then I don't know why your 'legal representative' is saying that you have to register the complex.

Yes that is what I would have thought.
last year we registered our committee through our lawyer for legal reasons in the correct manner by getting 75% of the vote of all owners, we then used the paperwork from that operation to open a bank account, the 5 committee members needed to attend the bank and all signed and shown proof of I.D etc.
We are currently arranging apartment block insurance which is required by law of any jointly owned buildings, also the common area is insured.
Taking people to court is very difficult especially if they dont live here, you need to have copies of their title deeds showing their "ownership" size of property, and in the case of Cypriot non payers you need to have their CY I.D numbers.
Any monies owed before you have become legal is contestable in court, there fore you can only charge after you are legalised and have proof of how ie size of property.
Then comes the long awaited and sometimes expensive legal battle
Good luck

kazanddave,

So you legalised your committee by following the correct voting procedure or, did you have to provide evidence of the results of the voting procedure and take this evidence to a body/authority to register your committee. If so, which body/authority?

We contacted all owners, of all the replies we had over 75% in favour, the replies that were posted and signed were then given to our lawyer, who then processed this, we were then made legal and could open a bank account in our committee name.

Could you answer my query please Nigel? My understanding is that the obligation to register only concerns jointly owned buildings. Would this ruling be construed to mean that a small "complex" of individual houses and pools (12) has no obligation to register or to form a committee?

Hi Petit Mousse

You will need to check with the Land Registry whether your complex is jointly owned.

Regards,