Νο.261
Q.: Dear Mr Loizou,
I wonder if you could help us with some information.
Some years ago we built a residence with an attached
apartment for our visitors We would now like to separate
these and have 2 separate titles.
We have not yet been able to obtain the final/completion
certificate on the property owing to potential changes
in road layouts affecting our land Is it possible to get
the division prior to obtaining the final certificate,
and if so what do we need to do?
Regards, S. Brennan
A.: No – You must get first the certificate of final
approval. Then you submit an application for a division
permit. If you are in accord with the regulations, there
should be no major problem other than time!
Regards,
A.P. Loizou
3/29561-td
19.1.2010
No.262
Q.: Dear Mr Loizou,
A friend of mine, recently widowed, has applied for
probate, and for the husband’s half share of the house
to be transferred into her name.
She has also been informed the title deeds are ready for
collection.
She has now been told that she will have to pay for the
title deeds transfer for the house at today’s price,
even though she and her husband bought and have lived in
the house for many years. The house will be valued at
the time probate goes through, and that she will only
get one allowance, so increasing and doubling the cost
of transferring the deeds, as she is now the sole owner
of the house.
Is this correct ? As it cannot be right to deny her the
husband’s part share and increase the cost after all
these years.
Yours sincerely,
Peter Davis
A.: If there is a deposited sales contract, the Lands
Office should adopt the purchase date value (or actually
the purchase price). If not, there is a problem having
to prove when the purchase actually took place. Since
she is the sοle owner, she has to pay full fees
regrettably. If the husband was alive, things on this
account alone would have been different.
Regards,
A.P. Loizou
3/29562-td
19.1.2010
No.263
Q.: I bought a Limassol Apartment in mid 2007 from one
of Cyprus's major Developers. At that time I was asked
for CY£500 in respect of 2 years common expenses in
advance, which I duly paid.
Towards the end of 2009 I was advised by the Developer
that I owed nearly Eur 3,500 in unpaid common expenses!
I asked for a breakdown of the expenses and found many
faults including (but not limited to):
- They are charging the equivalent of a Gardeners annual
salary for cutting a small lawn
- Electricity costs were Eur15,000+ in 2008 and Eur
5,900 in 2009 which is still crazy
- Water charges were Eur 6K+ for each year 2007 & 2008
and were exactly the same amount to the cent for each
year (which is impossible). The water bill for 2009 is
25% of each of the previous years!
- The management fees are Eur 25K p.a. for 2007 & 2008
and Eur 12K p.a. for 2009
I have queried the expenses many times and do not get a
reply. Every now and again I am threatened with interest
on late payments.
I am willing to pay the correct amount but do not wish
to set a precedent by paying an inflated figure.
My questions to you are simple and are as follows:
1) Are common expenses subject to an audit by a
certified accountant?
2) Are developers restricted to the level of management
fee they can administer?
3) If I am allowed to have an audit taken by my
accountant are the developers liable for the cost of
same if their figures are incorrect?
4) What other options do I have?
B. Darling
A.: Costs should be a matter of fact. So you can check
the bills paid either yourself or through the use of an
accountant, whose cost, I suggest, should be shared by
all residents. I find, based on what you say, high the
charges. We have a similar problem with one of the
projects we manage and from some residents who refuse to
understand that the bills are there, an audit has been
carried out and all receipts/payments/bills etc are
available at the site office for anyone to review. Yet
some people have a fixed idea of their own how much the
cost should be and not the actual. With respect now on
your action, it will depend what your sales
contract/general agreement says. A management fee should
be a reasonable one, depending on the service provided.
So it is difficult for me to suggest to you any action
other than sending someone to check the bills and the
management fees cannot be unreasonable, whereas water
and electricity bills etc are based on the bills
produced. As an indication for a 50 house unit set in an
area of 70.000 sq.mts., we charge €290 p.m. management
fee plus expenses (do we work for nothing Mr Darling?).
Regards,
A.P. Loizou
3/29569-td
19.1.2010
No.264
Q.: Time to go Mr Loizou? Not possible. Who will look
after us who have problems with real estate and towards
which we cannot trust many other professionals including
lawyers etc. Myself, being a local-Cypriot, can
appreciate the special anxiety of the foreign people,
your main problem writers in your Q+A column.
Maria Londou
A.: Who said anything about leaving Maria. I am here to
stay for at least 3-4 years (with God’s permission!!).
Regards,
A.P. Loizou
No.265
Q.: Bank problem – I note what you said in your Q+A
column for Mrs (x). Did you manage to help her dear Mr
Loizou since I have a similar problem.
Jane Harris
A.: Not directly but a letter I got from her, it appears
that things are moving. It appears that the publication
of her problem with respect to the Bank, must have been
noticed. Not bad I would say.
Regards,
A.P. Loizou
No.266
Q.: Hi Mr Loizou. I am back from Ireland. Can I send an
Irish whisky to you as a thank you gift for your help?
Helen
A.: Irish whisky as I have said 2 years ago is an
acquired taste. Make sure that you send two small size
bottles, because I want to keep on the good side of the
editor of this lovely paper!! – Many thanks.
Regards,
A.P. Loizou
3/29567-td
20.1.2010
www.aloizou.com.cyy
www.aloizou.ro
www.aloizou.ru
ala-HQ@aloizou.com.cy
