Legislation for commonage building and places

  Article By : Marinos Kineyirou|  Published at : Politis Newspaper| 01-07-2012

Marinos Kineyirou: Vice-president of the Cyprus Association of Estate Agent Entrepreneurs, President of the Real Estate Agent Entrepreneurs Association of Larnaca- Famagusta and Property Auctioneer

Marinos kineyirou Manager of Marinos Estate Agencies LTD

Marinos Kineyirou Manager of Marinos Kineyirou Estate Agencies LTD

LEGISLATION FOR COMMONAGE BUILDING AND PLACES.

In our country, the vast majority of citizens live in apartments, especially in urban places. Citizens shift their interest towards apartment buildings rather than the traditional residence. The Ministry of Interior – Department of Lands and Surveys in the Amendment Law 6 (1) / 1993 sets all the information according to which the way of determining property rights of jointly-owned building is arranged, and the exclusive ownership of flats to coexist with the compulsory co-ownership of the commonage areas of the building. According to the above, each apartment of a building is a separate property with specific percentages of ownership in jointly-owned and shared parts, depending on its area. The apartment’s owner can use the jointly-owned and shared parts whenever he desires and can repair or renew them, provided he does not harm the rights of the other co-owners or change their usual arrangement. Commonages and common areas are the areas of the building intended for common use of all co-owners, such as stairs, ground, yard, elevator, roof, chimney, central heating etc. Furthermore, based on the communal ownership rates and the proportion of each property (apartment) the common expenses are calculated. Common expenses are any expense necessary for the smooth operation of the building, the repair or maintenance of the common parts and the payment of taxes. All buildings consisting of at least five units are commonage buildings and there must be a management committee which may consist of one to five persons. Each unit has a share in the shared costs of the building.  However, there are owners who do not know the amount of their proportion. Since 1993 the share is determined 1) for the existing buildings, i.e. those who obtained a building permit prior to 1993 and the share has been agreed by the owners of the apartments, will be determined based on the proportion of values that the flats had in the prices on 01.01 .1980 and 2) for new buildings, who secured or secure a building permit after 1993 by the owner of the property, so that every buyer will know in advance what share of the jointly-owned building he purchases. So the way in which each owner participates in the maintenance costs of common areas and taking decisions on the management of the building is mandatory. The Regulation also regulates the relations and obligations of the total, the allocation of the common costs, the process of electing the Management Committee and its duties, the procedure of convening General Meetings and generally all the aspects regarding the operation of the building.

FREQUENT PROBLEMS IN THE FUNCTIONING OF A BUILDING.

In our country, as Mr. Marinos Kineyirou mentions, one problem which occurs frequently is when a co-owner refuses to pay part of the common expenses attributable to his property. This refusal constitutes a breach of its obligations stemming from the Law and the Rules of the building. In such cases, the manager or the management committee of the block is entitled to go against the co-owner who refuses to pay the tenancy costs in an action before the court, and ask to be sentenced to for the costs of his proportion. Frequently observed, is the phenomenon in which one co-owner violates the rights of the other co-owners with the exclusive use of the common areas. This happens when for example a co-owner “closes” a part of the open parking space and uses it only for himself; or when the roof of the building is used by a single-owner without the explicit agreement of the other. In this case, the manager or the managing committee of the building may ask from the Court the compliance of the joint owner-offender and his conviction.

LIABILITIES OF OWNERS

None of the owners are allowed to use the apartment for any unlawful purpose, make noise or nuisance, or interfere in any way in an area of the jointly-owned property. Also, the owner should keep the main entrance of the building clear without any obstacles and not have animals that may bother others. The payment of the amount attributable to the maintenance of the building / Jointly-owned property is compulsory. Also, the owner must repair and maintain in good condition his unit.

MANAGER / MANAGEMENT COMMITTEE

The Manager of the building is the trustee of the joint owners for managing communal affairs of a building. The mandate is given to the manager by the general meeting of co-owners, which is convened in accordance with the regulation and the object of this mandate – i.e. the manager’s responsibilities –  are also determined by the building’s regulation. In general, these responsibilities are: payment of all tenancy costs’ accounts such as electricity, water, cleaning, oil etc, the supervision of all scheduled (such as cleaning) and temporary issues (such as debugging) in public areas and facilities of the building; the distribution of the common expenses and informative billing for each apartment separately depending on the square holding; the collection of debts compartments; supplying heating oil and checking the stock in winter months. In addition, taking care of the administrative matters under the regulation, i.e. arranging a meeting if needed, and complying with its practices. The quick response when the inmates seek for the manager’s intervention to restore some injury or damage is also necessary. Practically, the manager is the executive body; he is the ” key” for the proper operation of the building and the building’s meeting is his boss.

The Cyprus Real Estate Agents Association on behalf of Mr. Marinos Kineyirou, stresses that as a final conclusion, the complexity of the legal status of the building which requires formality and attention should be noted.  But, comparing the legislation with the situation today in the majority of apartment buildings in all cities, an immediate implementation of the law is necessary because in the end we are going to see ‘ghost’ buildings, even from the first year of their ownership occupancy.

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One Comment

  1. Theodoros Christodoulou says:

    Αξιοτιμε,
    Θα ηθελα να με πληροφορησετε αν σας ειναι δυνατον αν κατα την κατανομη των εξοδων συμπεριλαμβανεται και ποσο για παγειο καθε μηνα η αν κατανεμονται μονο τα εξοδα. Στην πολυκατοικια που διαμενω ως ενοικιαστης πληρωνω 17 ευρο (ειναι καταστημα 50 τετραγωνικων μετρων )καθε μηνα αλλα απο οτι εχω πληροφορηθη τα εσοδα απο ολα τα διαμερισματα καθε μηνα υπερβαινουν των εξοδων κατα 200 περιπου ευρο.
    Εχω την εντυπωση οτι τα εξοδα κατανεμονται επ ακριβως και οχι να δημιουργηται αποθεμα καθ οτι τα εξοδα κοινωχρηστων ειναι σχεδον τα ιδια καθε μηνα.
    Ισως να κανω λαθος..μπορειτε σας παρακαλω να με διευκοληνετε?
    Επισης σαν ενοικιαστης τι δικαιωματα εχω ως προσ τις καταστασεις περι εξοδων και εσοδων κοινοχρηστων?
    με Εκτιμηση,
    Χριστοδουλου

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