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Law on Common Ownership Associations

Posted by pdobbo - Created: 9 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by pdobbo - 9 years ago

But, worryingly, such voting (either by show of hands or proxy/present) is ratified/decided by the President of the meeting, and we are heading for a meeting whereby the "proposed" president is technically no longer an Owner, and has already been noted in Minutes as having advised the Committee on a number of contentious issue.

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Posted by journo-666338 - 9 years ago

Sorry, I should have clarified that 'raising of hands' and 'voting' are identified as two different things in the 'English' version of the law. (Presumably this is a weakness in the translation. 'Voting' actually meaning a written ballot.)

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Posted by journo-666338 - 9 years ago

Hi Nigel, apparently the vote is only weighted if it is not by 'show of hands'.

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Posted by pdobbo - 9 years ago

If some-one is no longer the Owner because they have signed over their property to relatives, I understand that they can attend AGM's as the new Owner's proxy, but can they be elected President for such a meeting (given that they have a second, casting vote). I presumed that the President should be an Owner?

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Posted by Nigel Howarth - 9 years ago

Hi pdobbo,

I'm not sure what you mean "passed over ownership" - you mean they have sold it?

But they can appoint a proxy to vote, attend AGM's, etc.

Cheers,

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Posted by Nigel Howarth - 9 years ago

Hi journo

"I have been told that the legal voting rights at an AGM are 1 vote per unit (regardless of size)."

Take a look at page 20 of the law - item 26.

Although each unit has one vote, that vote is weighted.

Regards,


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Posted by pdobbo - 9 years ago

Thank you all for the info, albeit confusing:-)

Query 1, even more specific: if an owner has declared, to the Association and to neighbours, that they have passed over ownership of their property to relatives, has that person a right to attend AGM's, and to act as an Officer at such meetings?

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Posted by journo-666338 - 9 years ago

The information in support of that interpretation was given as:

'In case the decision is taken by raising of hands, each owner shall have one vote...'

Except that: 'When the unit belongs to more than one owner, the co-owners may, by a document..... appoint one of them....' And the joint owners get only one vote between them.

That is also, it seems, stated in most General Sales Agreements.

The rider is that:

'Except where a unanimous decision (of owners) is required under the law, no owner is entitled to vote at any general meeting unless all payable contributions in relation to his unit have been paid.'

Owners can also appoint anyone (not necessarily another owner or even tenant) to attend the AGM on their behalf and cast their proxy vote.

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Posted by journo-666338 - 9 years ago

Nigel I have been told that the legal voting rights at an AGM are 1 vote per unit (regardless of size).

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Posted by Nigel Howarth - 9 years ago

Hi pdobbo

You can download a copy of the law (in English) from my website at http://www.cyprus-property-buyers.com/files/jointly-owned-buildings-law.pdf

Both the amount paid towards the maintenance and voting rights are weighted according to the relative size of the property compared to others in the development:

Section 38H(1) states:

The area of a unit consists of the covered area surrounded by the outer walls of the unit and the covered and uncovered verandas and the covered and uncovered balconies of the unit are included therein. Where common walls exist between units or between a unit and a jointly-owned property, the area of these walls shall be distributed equally among the units which have common boundaries or between the unit and the jointly-owned property, as the case may be.

Section 38K(1) states:

The owners of all the units shall participate in the expenses which are necessary for the insurance, maintenance, repair, restoration and management of the jointly owned property and for securing the services prescribed by this Part or by the Regulations. The proportion of the share of each owner in the expenses shall be prescribed by the Regulations on the basis of the area of each unit.

Regards,