ARTICLE: A Problematic Committee on your Complex
Firstly, a quick caveat on this article. Most committees are made up of volunteers who need to learn as they go. They may not be aware of all the regulations and requirements but always act in the best interests of the owners, take effort to learn the legal requirements (available at www.Download-IPA.com) and offer their time freely to benefit all owners of the property. This article is not about these types of committees, it is about those committee members who do not care about their requirements or obligations in the first place.
I was recently contacted by a property owner who wanted help with their development.
They had a major issue where there was a committee of just one individual, this individual refused to answer any calls or emails, provide owners any records or accounts, frequently took cash payments without receipts and paid contractors in cash with no records. Every year the AGM was called when the majority were away from the development with little notice. In the opinion of many of the owners this was to ensure there was no opportunity for complaint or change.
Many of the owners were fed up and felt powerless to do anything about their problematic Committee. However unknown to many property owners there are key protections under the regulations specifically to help deal with this type of situation.
The Solution Request an EGM (Extraordinary General Meeting)
I advised this individual to start contacting the fellow owners and get a petition of 25% signatures to call an EGM. Under the regulations once a committee is provided with this petition signed by at least 25% of the ownership they have no choice but to call an EGM within 14 days.
The important bit: If the problematic committee fail to call this meeting within the deadline the owners can call the meeting themselves and providing it is held in accordance with the meeting requirements (Notice, Quorum, Voting etc) this is legally binding to all unit owners.
Owners of my book (www.UltimateCommitteeHandbook.com) can find detailed instructions of how to petition for the removal of a committee members on page 15-19 and how to call an EGM page 93-94.
At this EGM the owners can hold a new election and providing they have a majority vote (of those present and entitled to vote at the meeting) they can form a new committee and take over the running of the site.
Looking for more?
If you are a member of your management committee, (or are looking to set one up) you will know that while the communal property regulations are comprehensive, they are sometimes a little difficult to understand and even once understood its not always easy to apply these generic regulations to your individual building with its specific challenges.
To help with this problem my most recent book the Ultimate Committee handbook gives you detailed and step by step instructions on every aspect of being on your committee and running your building. It explains the communal property law in simple terms including real world examples and instructions on how to best apply these regulations.
To get more information on this book, and view a book preview you can click the below link.
Unlock the true potential of your apartment building or resort with The Ultimate Committee Handbook.
Russell Flick
The Cyprus Communal Guide
Helping you unlock your buildings true potential.
