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Communal Parking restrictions

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Sam&Bob

Good morning all - I have a question which you wise members may be able to help me with.  We are in the process of purchasing an apartment in Peyia and our lawyers have confirmed that on the Title Deeds we have an allocated covered parking space (directly below our apartment).  However the MC made a decision to restrict parking in the covered area due to the communal driveway not being sufficiently protected from tyre mark scuffing (an aesthetic issue only).  Currently the MC and owners have agreed to use an area outside the apartment complex to park their (or visitors) cars which has apparently been working well.  I believe there are plans at some point (who knows when) that they will have a protective coating applied to protect from tyre marks being left.  Now in the short term this is OK - however I am actually disabled due to cancer treatment (including respiratory issues) and therefore parking as close to the apartment (and the lift) is going to become more necessary in future months/years.  The lawyer has said the parking space is 'ours' but due to being accessed via communal property, what are our options?  Ask for reduction in communal fees?  Reduction in our offer price as can't utilise part of the purchase? Sit and wait for the MC to undertake the works (and push for this at the next AGM due towards the end of the year)?  Do I have disability rights for use the parking space (although I won't be registered as disabled in Cyprus)?  We haven't even moved yet and already I fear I am becoming 'that' tenant!  Advice appreciated - thank you

Toon

I don't think anyone can dictate how or when you use property that is yours ... Unless there is a safety issue such as a fire risk or hazard ..


I would suggest that you approach the MC and state your case to them . See what they say...


Every complex and committee must abide by the IPL Immovable Property Law ..... And I believe they cannot make rules and incorporate them unless it's done officially at the land registry. However if its a temporary rule agreement by a quorum of owners then that may well be acceptable but in a specific and limited way.... there are rules and laws as to what constitutes legal quorum on communal properties ...


This link will give you information about quorum





Communal living can be problematic with lots of issues that you may or may not be aware of pre purchase... Check my other post about things to be aware of on complexes before committing to a purchase.



There are a couple of groups on Facebook i would suggest you join ... I say this as they have been a great source of information from experienced MCs and can offer many suggestions and potential solutions....


The links are here



I think you need to get a robust statement of intent to do the works with an acceptable timescale from the MC ... Having lived on a complex for the last 18 months (in peyia too) believe me MCs dont/can't react or get things done as quickly as you or they would like to for a multitude of reasons related to quorum and financial constraints non Payer's & under payers etc.. in the interests of cordial community relationships best to tread lightly ... Even items agreed at an AGM take time and effort to resolve and organise. MCs are after all volunteers to act on behalf of all.owners some may not always be present. Have a look at the IPL and see if there is anything in there that can support their dictat to you.. facts and law are not easy to argue with

Sam&Bob

@Toon thanks for your response.  Yes I'm finding out lots of info about MCs, their responsibilities and accountability, etc.  Still awaiting the lawyer to let me have sight of the communal agreement and minutes of last AGM to see what is covered or due to be actioned.  Certainly don't want to start on the wrong foot with the MC so as you say, gently does it for now :)  It's a small complex and as I  understand it only 4-5 owners, including ourselves, in residence and I must say it is a very well maintained complex (reflected by the high communal fees perhaps)

Toon

It's always a good idea to be on top with the laws.. smaller complexes I would expect to be less troublesome. So I think considering your health issue they may well look at things differently for you by way of a concession....


Good luck .. please feel free to let us know how you get on..


I would also suggest you ask for a copy of the accounts and when the books were last audited

Sam&Bob

@Toon Ah good thinking ref the accounts.  Would like to see how they've calculated the fees and if there's a sinking pot available.  We will have one of the largest apartments by sq meterage, so know we'll be paying a higher price if that's how they've calculated it - but we'd be spending similar to maintain a private villa/pool so it all sort of balances out.

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