What action to Take if your committee refuses to tender maintenance co

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
03/05/2011 20:27

Since 2007 i have never had a say in ,neither has anyone else on site, who we would like to maintain our site, our sales contract clearly states that the tender should be put out yearly for whom the buyers wish to maintain their site, the committee seems to refuse to accept this policy, what action can we take, to ensure our rights as owners are carried out.

Thankyou

Harold2555



Joined: 19/04/2008
Posts: 1139

Message Posted:
03/05/2011 20:36

Bazzagirl



This is probably fatuous and not relevant because of certain circumstances but without knowing further details the obvious answer would be gather support and vote off the committee at an agm.



Harold

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
03/05/2011 20:43

dont pay any more maintenance , same thing is happening on our site , the developer employed the maintenance company , he then takes a cut , and no maintenance gets done , our pools are falling to bits , gardens are overgrown with weeds ,its a shambles , they built themselves offices , and sit in them all day waiting for the snobby brits to come back who are on the owners comitee self appointed i hasten to add , these snobs are only fuelling the fire , they then look down theyre noses at you , words cant describe how i feel about these so called countrymen

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
03/05/2011 20:52

you need to get legal advice .I can only go for our site in that we have a committee and maintenace contracts and AGMs. we have also taken 4 non payers to court for nonpayment of the maintenace charges under what is called the condeminium law. You will get all sorts of replies and the only way is to at least have a consultation with an advocate and for them to look at the contract

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
03/05/2011 20:57

yep , we did that , and we were told not to pay , and in fact we were also told , they could owe us money .

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
03/05/2011 21:07

thanks rowlo very much, just fed up with our lives been ruled by those who really want to make money out of us but without owners themselves been able to have the choice to re-elect or not, i personally think its digusting how some people treat their own , but lets be honest they are PROBABLY only interested in feathering their own nests, for as long as their needs be.

Regards Christine

Tango1


Joined: 19/02/2011
Posts: 1151

Message Posted:
03/05/2011 21:22

When I read threads like this one and many others on the Forum, it makes me so grateful that we didn't buy on ones of these developments, regardless of how nice they looked off plan. We went for a property on a plot with only two properties being built. How thankful I am for that.



Tango1

marvin


Joined: 23/06/2009
Posts: 68

Message Posted:
03/05/2011 21:25

Where are these sites ?.

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
03/05/2011 21:29

bazza msg6 , our legal advisors also say , you cant be on a committee/ owners association / residents society/ whatever they want to call it / i am god you will obey , unless you are a trnc resident , they have put big gates up on our place now , built a gate house , saying the gates will be closed and if you pay the maintenance you recieve a fob which opens the gate and allows access , i asked why the gatehouse then ? answer was , we cant deny you access to your property , but when building the gatehouse and putting in barriers they thought they could , legal advisors told them this , gates are always open and gatehouse is still unmanned

Deniz1


Joined: 28/07/2009
Posts: 3829

Message Posted:
03/05/2011 21:30

Best not to ask in case of reprisals.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
03/05/2011 21:46

rowlo



dont know who your legal advisors are but we have residents committee with with secretary and president and we are not trnc residents and we have set ours up with legal advise and proper maintenace contracts.



Its actually not that hard to do the hard usually the hard bit is getting the money out nof people. If you get a good mainteance company who acts as the administrator andyou get the accounts set up properley it can be done without being trnc resident

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
03/05/2011 21:57

as i said msg11 , developer brought in maintenance co , he takes cut ? snobs come out self appointed residents society , we paid our maintenance brigade , see you next year , make sure my garden is done for next visit .

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
04/05/2011 01:10

Hey rowlo you and bazzagirl is describing a complex that sounds like turquoise bay but we know it isnt, the guy john has been fighting for 2yrs to get a proper elected comittee on that site, but everytime a discussion is started on here about it it gets closed down for whatever reason and i get another ban, i see he said on the other thread that the comittee wouldnt even answer his e-mails now, I would like to know what advocate gave you your info so my mate can have a chat as well.

Honestie what the hell do you need a president for on a owners comittee, this is exactly what rowlo is saying about stuck up snobs, not saying your like that so dont jump at me lol but PRESIDENT !!

Deniz1


Joined: 28/07/2009
Posts: 3829

Message Posted:
04/05/2011 07:23

We run our own site no company no hassle just a few residents works fine. Last year we had a company run it and they bled us dry they couldnt even get a decent pool cleaner most of the summer it was green. Now lovely sparkly blue. All the money we have saved has helped reduce our annual fees.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
04/05/2011 07:23

bilybob



can assure you Im not and wont jump at you but if you look at the new apartmental law and also other countries law re legislation for complexes community payments etc then thats how its set up. Not saying the TRNC follows the law but if you want to take legal proceedings for non payers etc then has to be set up correctly for which we took legal advise . We have a president! secretary, treasurer and a committee which has to consist of at least 2 members. We have an annual general meeting of which people are informed of date and issues they want to discuss or change and budget discussed and all the finances are provided by the management company/administrator for everyone fo



Not saying all this has been easy but it works and we have a well run site as said we have begun legal proceeding re 3 non payers.



I would think the bigger the complex the more difficult it will be but it can be done.



No Im not a snob just like my homes and the others to be looked after.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
04/05/2011 07:26

Bilybob contd.



If you think the word president too posh remember its only a word to fit the legal jargon lol!!! and not my choice of words.

offshoredi


Joined: 02/03/2009
Posts: 220

Message Posted:
04/05/2011 07:54

bazzagirl



if you email me seafox4di@yahoo.co.uk

offshoredi


Joined: 02/03/2009
Posts: 220

Message Posted:
04/05/2011 08:20

billybob



email me - seafox4di@yahoo.co.uk

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/05/2011 08:38

we have spoken to our lawyers and they have said we should withhold payments,and a lot of other owners have been told the same,but when you get the treasurer sending out e-mails saying they will be reported to immigration if they dont pay and in the past some owners have had threats of other actions it is hard to decide which way to go,selling is not an option as the developer seems reluctant to parcelise the site so we can get our deeds.we have had ptp for three years another TRNC bad news story in the making

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
04/05/2011 08:43

bazzagirl



Can you email me

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
04/05/2011 09:11

bazzagril what reason are they not goiing to tender?



are the majority on the site happy with the incumbant supplier?



Why do you want to to go to tender? How many other owners prefer to tender ?

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
04/05/2011 09:14

Send the apartment law to the committee. Insist a tender is written in the owners contract !! it takes a while but the committe should get the message that it is the only fair way.

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/05/2011 10:27

the point of tendering the site is to get the best value for money.the site i would say is split over the present maintenence company. in our contract of sale it states the site maintenence should go out to tender every year,as to date we have not had a say in who maintains the site. the first company was appointed by the developer,as was the second.the second company was then given another year by a self appointed committee.there was a vote for a new committee last year overseen by the maintenence company possible conflict of interest there.so now the site is due to go out to tender which would be the best thing for the owners in order to ensure best value for money

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
04/05/2011 10:59

Sounds all too familiar, but of course there are those who think they have all the answers and dont !!, as said before on the TQB threads, the first thing that needs to be done is to organise a proper list of owners, email them all and tell them that a committee must be formally elected and a proper constitution must be set up and then registered with the land registry, record all proceedings and be open at all times, do NOT try to be smart arses and play one off agin the other, if the majority of replying owners agree and vote for a committee then that is a start, isnt that so Sienna.

Dont let one or two owners spoil it for everybody else because their nose is out of joint cos they want to be the focus of all the attention.

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
04/05/2011 11:01

what you need to do is now follow the Apartments Law - re-elect using the proper process (not the current MC) then tender for the MC, if the current MC get back in at least they were voted in correctly.



That also goes for the Committee - then make sure you have a Contract to protect both yourselves as contracual owners and the MC with a Service Level agreement.



If it the site is split this is hte best way to deal with it, I don't think the Devloper has the right to self appoint MC anymore



Good luck it can be done but is hard work as has been said above

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
04/05/2011 11:04

You are correct billybob you have to go on the majority that votes BUT you have to ensure as many as possible know about the vote - will the developers not give you the contact details ?

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
04/05/2011 17:23

bazzagirl.....

Have been reading the numerous threads you have started\been posting on, and it would seem your have a major issue with both your committee and the management company.

Just a couple of questions I know the other posters may be interested in.....

1. How much do you pay annually to the Management Company?

2. Did you have the opportunity to stand for committee selection, and did you take part in the vote?

3. Is there a constitution in place?

Michael

kittyfun


Joined: 11/04/2011
Posts: 181

Message Posted:
04/05/2011 17:51

I fail to see what the annual payment has to do with the discussion other than nosiness

Messages 2 & 3 have already been answered Michael as I read it NO & NO

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
04/05/2011 18:40

Kittyfun

Butt out...

I have quite a bit of experience in this field in the TRNC, so I dont need your input thank you very much.

Now if bazzagirl makes the same comment then I will retreat from the thread most gracefully, but until then....

Michael

R.C.T.Man.



Joined: 27/03/2009
Posts: 746

Message Posted:
04/05/2011 19:15

A bit of mr /mrs nasty creeping in. !!!

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/05/2011 20:25

Thanks for all of you who gave very informative information and a big thanks to the person who gave me an exceptionally reliable lawyers details.

Kindest Regards Tony

ps i use my wifes sit quite often

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
04/05/2011 20:33

sorry not sit, site, damb keyboard ):

Mick the Fish


Joined: 27/05/2008
Posts: 180

Message Posted:
04/05/2011 23:43

Rowlo, contact me by E-Mail

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
05/05/2011 07:52

Michael you depict all that is wrong with this board - a know all who knows f all

As I recall you live on a complex thats had its fair share of problems and one of the highest sets of fees in N Cyprus, and before you spout yeah the place has come on but not wi'out its fair share of ongoing problems, and kittyfun has as much rigth to post as you



Tony (bazzagirl) the advocate is great friend has already contacted him, its a start

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
05/05/2011 10:10

I disagree billybob,



Michael appears to know exactly what he is talking about !!

kittyfun


Joined: 11/04/2011
Posts: 181

Message Posted:
05/05/2011 17:08

PIPIE

you seem to disagree with anything billybob says, a bit of stalking on your part maybe "again" tut tut, you only show up your frailties when you do this do you know.

And I am sure billybob treats your posts with the same disdain that "all" on here treat yours

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
05/05/2011 19:03

Pipie/Anita/Arthur/Kimmie

Let me say one more time, to go online on a bulletin board and simply "disagree" is easy, but to quantify it, this takes substance and you have failed on numerous occasions to do this, thus showing that you are shallow and are incapable of sensible debate, you castigate people\ businesses without having the ability to substantiate your accusations with factual statistics, you also come in on the side of good debates with inuendo and nothing to offer but your vitriol and spitefulness as in your message 35.

Michael was very rude to kittyfuns message 28 which was stated fact, in his reply in message 29, and it is his opinion only that he has quite a bit of experience in the field and her input is as welcome as his or yours thank you both very much.

Perhaps the very fact that bazzagirl is having issues with the very company that runs Michael's complex may have something to do with clouded vision or whatever.

Please pipie do take time to digest ALL of this post

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
05/05/2011 20:40

Here Here Billybobxx

kittyfun


Joined: 11/04/2011
Posts: 181

Message Posted:
06/05/2011 19:59

I have brought this back to the top because looking round a number of so called holiday complexes from Lapta to Tatlisu, one thing strikes me that they all have in common, they are for the most part looking tired and jaded, some have better kept grounds than others but the paintwork and other things is very tired on most, this is going to have to be tended to soon and it is going to have to come out of somebodies pockets.

my point is that if theres non payers and the proper commitee and procedure is not in place, how can anybody do anything to bring these people to pay, would it be possible for people from all the sites to form a *union* for want of a better way of putting it and employ a good advocate to act on behalf of everybody to get a constitution and rules made up to cover all sites and chase the none payers that way, because if it was me I wouldnt be paying till everybody was

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
06/05/2011 20:20

there is new law as di8scussed above but as I said earlier there is and always has been what is called the condeminium law which relates to everyone having to pay by law when in community places. If you go and see an advocate and discuss it they should be able to tell you and go from there ,that is what our site has done re the nonpayers and the legal action has now just begun.

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
07/05/2011 00:14

Honestie I might be wrong but I think the new Floor easement law supercedes the old apartment law, which really didn't work, again I can be contradicted, but it seems as if there has never been a successful prosecution with it, and this new law will only work if all the nuts & bolts of it are done up right, I also got some very helpful advice and have made appointment to go and speak to an advocate in Lefkosa next week for my pal, so fingers xxxed

Deniz1


Joined: 28/07/2009
Posts: 3829

Message Posted:
07/05/2011 06:58

Do all the legal costs involved outweigh the moneys owed?