The Department of Cadastre and Land Surveying, in cooperation with the Commissioner of Legislation, have prepared a draft bill entitled "The Management of Common Buildings and Related Matters Law of 2022", which will regulate the management and operation of common buildings.
The proposed Bill establishes a regulatory framework for commonhold buildings in the Republic with respect to their management, supervision and proper operation. In essence, it aims to resolve a number of problems relating to the management, maintenance and operation of common buildings. In particular, it aims to resolve serious issues such as the non-existence of a management committee, non-payment of common charges, insurance, partial or total destruction of the building, etc., which concern all the owners of a communal building. The purpose of the bill is to provide flexibility for management committees to be able to perform their duties since unit owners are evading their obligations and many properties are not being adequately maintained, with various safety risks lurking.
Currently the matter is regulated, now not adequately, by Part IIA of the Real Property (Possession, Registration and Assessment) Act, Cap. 224. The weaknesses and loopholes observed in the implementation of the current legislation have led to the need for the creation of a separate department responsible for overseeing compliance with the law, with the Department of Cadastre and Land Surveying being limited to matters of possession and registration of commonly owned buildings.
Specifically, the bill introduces the following:
- Extend the scope of application, in addition to registered common buildings, to all common buildings which have secured a building permit, subdivision and certificate of approval, but have not been registered in the Land Registry and separate titles of the units have not been issued. (See Article 4)
- Designate/create the Office of Common Buildings Registration and Oversight of the Operation of Management Committees to exercise the powers and authority set forth in the proposed bill. (see Articles 5, 6 and 8)
- Expansion of the powers and authorities of management committees (see Articles 13-16) to exist in all commonhold buildings and to operate on the basis of Standard or By-laws.
The Office for the Registration of Communal Buildings and Supervision of the Operation of Management Committees will, among other things, be responsible for:
- Registering communal buildings, as well as the compulsory registration of Management Committees with the Office, which will maintain a register of communal buildings and Management Committees. (Articles 8-12)
- Establishment of Standard By-Laws to regulate the management of communal buildings and to determine the rights and obligations of owners, which will apply in the event that regulations are not issued under the proposed law to regulate any of these matters. (Articles 18-20)
- Compulsory insurance of commonhold buildings and supervision of compulsory insurance of units and commonhold buildings. (Articles 24-27)
- Registration of collective buildings and the relevant Management Committee in a register to be kept by the Agency and regulation of their management.
- Determination of the rights as well as the obligations of the owners of the units to regulate various issues. (Articles 9-15)
In addition:
- The authority is granted to the Management Committee to make expenditures reasonably necessary for the maintenance and proper operation of the common areas of the commonly owned building, which the owner neglects to pay.
- A method of apportioning costs is introduced so that the proportionate share of the costs of providing services is calculated on the basis of the floor area of each unit.
- Provision is made for the carrying out of a suitability study, structural, mechanical and electrical inspection of each jointly owned building by professionals registered with the Cyprus Scientific Technical Chamber and for the purpose of ensuring the suitability of buildings when and if deemed necessary by the Management Committee.
- The Management Committee may by action recover the amount due and at the same time register a charge on the real property of the owner who has defaulted. (see Articles 21-23)
- Provisions are introduced for the procedure for partial and total destruction of the unit or common building, as well as the interest of unit owners in case of destruction or termination of the common building. (Articles 28-32)
The Bill has been posted on the official portal of the Department of Cadastre and Land Surveying https:/portal.dls.moi.gov.cy for public consultation purposes.
(MB/EXP)
[/P]
Contents of this article including associated images are owned by PIO
Views & opinions expressed are those of the author and/or PIO
Source
