MAintenance and potential visit next week

Carlo


Joined: 30/09/2009
Posts: 1

Message Posted:
30/09/2009 14:59

I am worried about the maintenance contract. The contract does not state that repairs will be done at average market costs, and so we could be charged exhorbitant charges. Although it is usual for the Builders to do the maitenance at first, it is usually transferred to another Company, after an agreement by a majority of those involved ( the owners).

This does not seem to be the case and I invite comments and advise.



Also I am in Israel for a few weeks and would like to have advise on the most economical way of visiting the site and the best route to take.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/09/2009 15:22

No matter what your contract says or what paper you sign before getting the title deeds, once you got them in my view the owners (title deed owners) can elect the maintenance company and it will be accountable to the owners.



The main problem arises due to the fact that most "owners" do not have the title deeds and therefore they are not in a position to set up and register the "Owners' Association" with the Land Registry as envisaged in the relevant law.



Some developers contract out the maintenance to another company or more often to a "sister" company and the problems begin when apparently they overcharge. In my view if the "owners" are going to foot the bill, they must have a say in the choice of the management company and their fees. Unfortunately some developers look at the maintenance side as a means to earn extra money and cover up theirlosses due to a reduction in sales.



Some developers are determined to earn as much as possible and even threaten those who refuse to pay

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/09/2009 15:37

They threaten to cancel your contracts and even try to bully you into submission. It is a good thing that most owners have their contracts registered with the Land Registry and therefore threats of cancellation of contracts are nothing but hollow threats. If you refuse to pay, they will have to sue you eventually for maintenance and prove in court that the expenses were essentail and fair. In other words they will have to give account which they might as well do from the beginning and avoid all the aggrevation.



I know that many of you have retired here for a peaceful life and do not really want all this aggrevation. All I can tell you is that unless you can stand the stress, you should pay whatever is demanded of you. However there will always be some who are ready to fight and perhaps you should get together to support those people.



It is not possible to register your association with the Land Registry as speciafied in the relevant law however in my view you can set up a normal

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
30/09/2009 15:39

association like an association of friends, draw up rules and regulations and ahve it registered with the District Office (Kaymakamlik). Then you can face the developers in a more unified manner. That is my tuppence worth of advice.

ismet

http://www.elkocyprus.com

gates


Joined: 08/12/2008
Posts: 1096

Message Posted:
30/09/2009 15:47

if you are in a cloplex your builder can for the first year pick who he wants and that is the law here it is genraly his mate and will tuck you up as much as he can this would be in your contract and there is not a thing you can do about it

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
30/09/2009 16:21

Some M/C (not all ) are rip off merchants they hope you have youre rose coloured specs on for the few weeks you visit , they have not a clue on customer service , refuse to answer E-mails unless they want money of course and flatly refuse a detailed contract that is fair on both sides .

You can simply suss out these rip off folk simply by looking at there contract there was one contract flying around that simply stated ''you agree to pay x amount '' no details of obligations on what they were going to do for there maintenance money , no accountability whatsover AMAZING !!!

My advice is ensure you compex is finished ready for company to maintain. BEWARE BEWARE BEWARE ensure you know what you are paying for ''Insist on a contract ''.

LynxLtd


Joined: 24/04/2009
Posts: 46

Message Posted:
01/10/2009 10:35

Maybe the best approach is to point out some of the pitfalls to watch are for(but not limited to the following):

Review the clause relating to management in your sales contract (payment terms, maintenance obligations, signing of agreement, etc)

Review the infrastructure ownership or terms of the usage by the buyer

Review definition of infrastructure ie income producing assets (shops, restaurant, clubhouse, etc) and utilities, communal water, wells, roads, pathways, pools, etc

In most cases Builders or Developers want to walk away from a project once property is handed over. The ones that keep an involvement are for:

1- Income potential until the property market is prosperous again (will walk away eventually)

2- Control over the infrastructure if they own income producing assets (will hang on as long as possible until they lease out the profit centres)

3- Pride of ownership

If your project falls under category 3 then you’re in luck.

Lynx Management

http://www.lynxcyprus.com

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
01/10/2009 10:42

Good post LynxLtd . It is good to see constuctive posts on here from management companies, well done .