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Residents Association - Do they carry any weight? Advice required

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pennyandmark


Joined: 29/12/2009
Posts: 37

Message Posted:
30/06/2011 21:30

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Message 1 of 11 in Discussion

We own an apartment in a complex of 12 with a communal pool.



Our current maintenance contract is due to expire and we are looking to set up a Residents Committee before we find a new Maintenance Provider.



Basically we would like to know whether these carry any legal weight if we form one.



We have had issues with some owners not paying their share of the maintenance - can they be forced into paying or if they decide not to can sanctions be taken against them?



It seems unfair that 7 or 8 owners have to pay the communal bills for others who simply refuse to contribute but obviously get all the benefits .



If a majority of residents vote on a committee and form a constitution would a new Maintenance Provider act as a debt collector / enforcer or would the residents who pay simply have to contribute more to make up for those who don't?



Any help or advice (particularly from personal experience) would be greatly appreciated.



rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
30/06/2011 22:02

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Message 2 of 11 in Discussion

this has been covered many times , do you all have your deeds ? is the site finished ? if so , is it what you all wanted ? resident committes tend to make things worse , its like the mafia , as for the legal side , well thats another story ,



keith


Joined: 03/04/2007
Posts: 272

Message Posted:
30/06/2011 22:33

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Message 3 of 11 in Discussion

I would say yes inform all owners and ask for owners to stand for election.



You can then go to tender for a M.C and get them to work to your SLA and contract.



If you can get the majority to agree you will be able to put pressure on the Non -Payers

Keith



pennyandmark


Joined: 29/12/2009
Posts: 37

Message Posted:
30/06/2011 22:53

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Message 4 of 11 in Discussion

The site has been finished for a number of years and some of us (not sure how many ) have got our deeds.



A management company was put in place at the beginning and, to be fair to them they've done a decent job.



As far as I'm aware there isn't a problem with the deeds - some people just don't seem to want to / or believe that they have to pay.



So if the pool, gardens, communal electricity etc costs say 5000 and only 8 agree to contribute - what happens then?



Will a management company take over on the basis that they've got 3000 guaranteed and they are going to have to knock on the doors of the other (say) 4 apartments before they get their money?



If I owned a Management company I would n't do it at a loss - would anyone?



So is the only option for the 8 to pay more to compensate?



Then what happens if the guy who only uses it one week a year decides that he shouldn't have to pay?



Hence the original question - how can you enforce payment?



Marion


Joined: 06/03/2011
Posts: 1816

Message Posted:
30/06/2011 22:54

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Message 5 of 11 in Discussion

without being a pessimist here, I would like to ask Keith to give Penny any examples odf where any pressure has worked on non payers here in TRNC. One problem here is that court cases can be won, but no one follows through. I lived in Australia where the law was on the side of Strata Companies (Maintenance of a slightly different kind) and non payers would have the money taken by government when and if they sold, but here in TRNC I think it is just hope rather than payment. I have seen many places where a few pay and others who are not here all the time reckon they don't have to, and so the complexes go downhill. So, I really think it owuld help Penny if someone can inform where it DOES work to the level of satisfaction she is looking for.



pennyandmark


Joined: 29/12/2009
Posts: 37

Message Posted:
30/06/2011 23:27

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Message 6 of 11 in Discussion

Thanks for that Marion, that was my worry. Basically it sounds like the people that decide they don't want to pay don't have to and the rest of us either have to put up or shut up!



So, to the next part of my question, are there any sanctions that we can take against them?

For example:

Disconnect their electricity on their landing so that they cannot use the communal electricity that we are paying for?

OR Padlock the entrance to the pool, so that they cannot use the water that we are paying for?



I know that that sounds factitious, but I you can see where I'm coming from.



Unfortunately I think I know what the answer will be....



michelle3012


Joined: 07/11/2008
Posts: 578

Message Posted:
01/07/2011 00:31

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Message 7 of 11 in Discussion

If you have your deeds and there are a majority willing to sign a book to say that you will pay the fees then it can be logged with the court, and as such you will be covered under the appartments law, check out Naomi Mehmets website for more details, its an easy thing to do and the courts will take the none payers to court and they would have pay up including any outstanding debts from previous years. Good Luck its not easy but there have been positive cases.



Marion


Joined: 06/03/2011
Posts: 1816

Message Posted:
01/07/2011 00:41

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Message 8 of 11 in Discussion

Hope Michelle's comment helps, Penny. But the big give away is the "..... a majority willing to sign...." so you are then back to those who will not. Depends who the owners are, i guess. As to taking action yourself, youcould try, but when we lived here in a block, the lift did not work and there was no lighting on the stairs, because way back several people would not pay their share, so the bills did not get paid, and then the interest brought the sum of money to a ridiculous level - well, you can guess the rest. But things can be better now, so really you have to decide what you are happy with. and don't forget, everytime you take someone to court, the chances are you will be employing a lawyer and that is more expense.

glood luck, though. You could be one of the lucky ones.



pennyandmark


Joined: 29/12/2009
Posts: 37

Message Posted:
01/07/2011 09:13

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Message 9 of 11 in Discussion

Thanks Michelle / Marion,



we'll check out the web site suggested and take it from there



hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
01/07/2011 10:17

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Message 10 of 11 in Discussion

Hi guys

As rowlo says this subjects been covered sooo much and most people seem to think that things will happen like magic, and everybody has different opinions on how to do things, believe it there is no easy answer unless you have a site where everyone pays (or nearly) the ongoing fight on Turquoise bay is an ideal scene, one company took it on and pulled out after only 9 months because of none payers, another supposed big company took it over and now after 2 + years theres only one pool up and running and the place is not in good condition, with even more none payers, the only answer is to get everyone to agree to pay and to thoroughly follow the floor easement law, you can get a copy of it on http://www.glencoecyprus.com

And before anybody jumps in you dont have to register to get it



michelle3012


Joined: 07/11/2008
Posts: 578

Message Posted:
01/07/2011 11:41

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Message 11 of 11 in Discussion

As the development is small with only 12 dwellings and you have 8 payers it should be an easy thing to do lodging the books at the court. Turquiose Bay is a much bigger development and its not so easy to get signatures off the majority of homeowners. Good luck with it and let us know the outcome. x



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