Communal Area Problem

louismyrotti


Joined: 28/04/2009
Posts: 66

Message Posted:
26/08/2011 12:01

We are one of ten on a communal area and are having problems with a percentage of the owners paying annually.

Has any body had the same problems.

Can anyone offer advice as to being expats on a communal area.

Does anyone know if we can put an injuction on the non paying owners properties and can we stop them from using the gardens and pools if they do not pay.



Any help or suggestions with be gratefully received.

crofter


Joined: 16/12/2008
Posts: 1035

Message Posted:
26/08/2011 12:05

Unfortunately, even if some owners do not pay the law here says that these people cannot be stopped from using the communal areas.



Non payers are more common here than you may think. Hopefully others who are experiencing this will offer advice to you.

blade


Joined: 19/06/2010
Posts: 1286

Message Posted:
26/08/2011 14:05

I think it all boils down to your purchase contract. Does it say anything about how much you should pay and when? Were the managment employed by all the ten or are some unhappy with management?



In the UK it would be a lease which has a proper legal way of dealing with things like this, but here i haven't a clue.

In the UK lease's which state you can stop people using services and facilities if they don't pay service charges on time, are now out dated and no court would up hold that rule. Not even if in the lease.

You would have to give them two warning letters then hand over to a solicitor , who then sends them some more letters. Failing payment then it is off to county court.



In the TRNC i don't have a clue how it works?

UPNorth


Joined: 20/01/2009
Posts: 107

Message Posted:
26/08/2011 18:21

I'm also very interested to hear any thoughts on this matter, as our site management company have very recently pulled out as they found it a'challenge' to run a site where over a third of the owners do not pay their monthly maintenance fees.They found it difficult -nigh on impossible to get 'non payers' to pay up.

blade


Joined: 19/06/2010
Posts: 1286

Message Posted:
27/08/2011 10:35

I think all you can do is to get a lawyer to look over your contracts and see what is written in them. Maybe there is some way of enforcing payments?

HotHippo


Joined: 25/03/2010
Posts: 402

Message Posted:
27/08/2011 10:45

We've got a similar problem on our development. Just starting to get to grips with the situation, and finding that most people are not interested in replying to e-mails. Looks as though there may be tough times ahead.

keithr


Joined: 20/08/2008
Posts: 720

Message Posted:
27/08/2011 19:42

If you have TC or mainland neighbours,don't bother,they don't pay for anything,have a look around the back of Girne at the empty pools amd weeds sprouting up.



Some don't even pay the water bills....

karakum5c



Joined: 18/03/2008
Posts: 1021

Message Posted:
27/08/2011 20:12

Have the same problem....................................no chance of making them pay.



The Government will have to pass legislation with some teeth to it.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
27/08/2011 21:26

Follow the TRNC apartment law !! This should help you.

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
28/08/2011 22:02

The rules must be put in place first before any apartment law can help

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
28/08/2011 22:24

upnorth, can I ask who were your management company please ?

UPNorth


Joined: 20/01/2009
Posts: 107

Message Posted:
29/08/2011 07:44

Morning Hodgeliz

Our management company were MEPS Ltd.

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
29/08/2011 08:45

thanks upnorth

It just goes to show that it does not matter which company is running things if theres so many none payers then it wont work, the infamous saga of Turquoise bay is ongoing with the second MC having walked off site (last one stayed 2 years milking it)

Any communal place has to start with the basics, but very few seem to be bothering setting things up properly, if you want to get a copy of the basics of the new floor easement law you can get it on http://www.glencoecyprus.com

it's free to download

tomsteel


Joined: 22/06/2009
Posts: 482

Message Posted:
29/08/2011 09:28

Sadly, I have nothing +ve to offer the original post. However, with the current attitude of TRNC/mainland Turkish owners of the houses on our small estate towards dumping rubbish/tree cuttings/builders materials on the 'communal' green space areas, I feel the non-payment problem will never be resolved. Even verbal requests to them to stop doing it, in their native tongue, results in more dumping, as they have repairs/maintenance/gardening done. Rant over!

sienna


Joined: 09/01/2009
Posts: 1627

Message Posted:
29/08/2011 09:32

A Management Company cannot run a site unless owners pay...



You cannot take owners/non-payers to court unless you have followed the floor of easement law as said above.



TC's - some pay some don't just like some of the Brits that have to be chased time and time again becausee they think the fairies keep the pool and communal land clean tidy and up to scratch so they can use their apartments



Follow the procedure and always remember YOU as owners employ the MC not the other way round !!



Message 6 most people are not interested until they go out to their place keep plugging away keep them informed then they cannot moan when you and others alike crack on with whatever you have to - form a committee and follow the process thats all you can do to get it sorted out

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
21/09/2011 20:41

Turquoise bay has has two M/C. Now some hard working owners are in the process of self management for the site fingers crossed it will work out.

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
21/09/2011 20:47

It will take more than fingers crossed, thats for sure, we were talking to someone from the last MC the other day and they were saying the workload for answering e-mail queries was a nightmare, now where have we heard that before ?

But alas is this not a pathetic post bringing back a topic that is nearly a month old, withdrawal symptoms perhaps !

theparson


Joined: 28/05/2011
Posts: 129

Message Posted:
21/09/2011 21:11

It all comes down to percentages in the end.

With only 10 properties on a complex, one non payer means a deficit of 10% resulting in either a drop in standards for everyone or a price increase for the other 9. If standards drop, then non-payers increase etc etc.



We have a property on a complex of 78 in Esentepe (which are all sold) and through the hard work of the Management Company, we only have 2 hardcore non-payers, which is pretty good. With the regular income from the owners we can not only maintain and improve the site, but set up a contingency fund for the unexpected problems which will no doubt occur in the future.

I think you have a good chance of convincing the ex-pats the need to pay-up, but the TCs views differ from our own, and therefore lies the problem.

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
21/09/2011 21:19

Well said the person (pun intentional) when people decide not to pay they are responsible for probably setting their investment/holiday home back years as has been well demonstrated on here and elsewhere over the years.



Some of the ex-pats/holiday home owners/investors take a lot more persuasion than others unfortunately

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
21/09/2011 21:49

hodgeliz.

You are not an owner on T/B so you are not privy to the hard work that is going on.

However I do know that things are going forward in a positive way, so keep ypur negativity to your self as is not welcome.

micklark


Joined: 18/06/2011
Posts: 75

Message Posted:
21/09/2011 22:12

I welcome it pipie and I dont think the truth is negative, please explain what is negative about post 19 it seems as if you have a big chip on your shoulder, I mentioned something and you went off on one calling me some time ago, and now you are doing it to hodgeliz when she posts something that is fact "when people dont pay they are responsible for probably setting their holiday home /investment back years, is that not fact and how is it negative please explain ???

micklark


Joined: 18/06/2011
Posts: 75

Message Posted:
25/10/2011 01:24

Ive been researching a lot of things about complexs recently for a forthcoming court case and theres a few things that stand out, none more than if you dont have your Kocan then the floor easement law cannot be enacted/enforced, but if a 'simple majority' of owners on a complex are in agreement to pay a fee to a maintenance company for services then they can collectively bring action against non payers to do so also.



Re message 20 you are also not an owner on turquoise bay from all I have read and like my question in message 21 you always seem to avoid direct replies.

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
25/10/2011 08:55

Wonder what court case that could be, good luck with it micklark if its the one I am thinking about

Poster 20 has been very quiet of late probably because she realises the huge damage she has done on a couple of complexes she is involved in, but things are coming to a head now on more than one front.

blade


Joined: 19/06/2010
Posts: 1286

Message Posted:
25/10/2011 12:04

Self managment can be a good thing if you have motivated owners who will all take part. That way you would decide what is spent and where.

The danger of this is that some owners will work very hard for the site and other sit on their backsides.

I could see this working for a small block or site, but not for anything big.

As a director of a commonhold development in the UK with only 17 shareholders i still struggle to get people to pay up. Our main problem is people pleady poverty. You can't extract money from someone who doesn't have any! We have never had to take drastic measures. Most non payers end up with their lenders paying service charges for them. The only opptions you have when they won't is court action, or bancrupty against the non payer.

Management & insurance are the biggest spends a a development so if you can work together you would be much better off.

johndp


Joined: 08/09/2009
Posts: 497

Message Posted:
26/10/2011 01:20

Thanks for the input here blade, as you say self management is good in theory (a bit like communism) but on a big development it is very hard to control, and many people know the system well enough to exploit this lack of control

Unfortunately in the TRNC we dont have the options of court action or bankrupcy it doesn't work like that "yet" court action cannot be taken till many other things are in place as message 22 says.