Thalassa View Gardens,

Chlorakas Village, Paphos

Management Committee Regulations

(GENERAL AGREEMENT)

 

RECORDAL                                                                      

1.1 This General Agreement is applicable to THALASSA VIEW GARDENS and it regulates the privileges, rights and obligations of each of the owners of the properties in the project.

1.2 It further provides for the continuing maintenance of the common areas within the project in relation to common area expenses, the use and enjoyment of all properties within the project and the areas of common ownership and/or common use.

 

1.3 Each owner is obliged and required to strictly comply with the terms of this General Agreement in order to ensure the smooth running and operation of the project for the benefit of all owners.

 

DESCRIPTION OF THE COMMONLY OWNED BUILDING

(Detailed description of the jointly owned building including the jointly owned property, i.e. description of the floors, the various units, the limited jointly owned property, the basement, the floors, the roof, the external structures, the parking spaces, the installations, etc.)

INTERPRETATION

In this General Agreement:

         2.1. Clause headings are for convenience and shall not be used in its interpretation;

2.2. unless the context clearly indicates a contrary intention an expression which denotes a natural person includes an artificial person, the masculine shall include the feminine or neuter and the singular shall include the plural and visa versa;

 

2.3. expressions defined in the Agreement of Sale shall bear the same meaning assigned to them herein;

2.4. the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings-

2.4.1 ”the project” means the villas, houses, maisonettes and apartments, which are described in the Agreement of Sale and comprising of the Thalassa View Gardens project.

2.4.2 ”the Agreement of Sale” means the agreement of sale concluded between the vendor and the purchaser to which this General Agreement is annexed.

2.4.3 “Common property” means every part of the project which does not constitute private property, including and not limited to parking spaces, entrance way, hall corridors, stairs, landings, lifts, basement, yard, gardens, swimming pools and the areas and installations of the project destined to serve all the owners.

2.4.4    “owner” means the owner of the private property and premises.

2.4.5    “premises” means private property.

2.4.6    “private property” means every part of the project which is registered as a separate property.

2.4.7    ”the vendor” means Alpha Panareti Ltd, which is now under administration.

2.4.8. “Law” means Part IIA of the Immovable Property (Occupation, Registration and Valuation) Law or any Law amending or replacing.

 

VOTES & SHARE IN THE COMMON EXPENSES

1. The proportion of the jointly owned property belonging to each unit, as provided for in article 38I of the Law, and the percentage of votes to which each owner is entitled during the voting provided for in Regulation 25 shall be set out in a Table according to the form of Table A’ attached to these Regulations.

 

2. The share of each owner in the expenses for the maintenance etc. of the jointly owned property, as provided for in article 38K of the Law, shall be set out in a Table according to the form of Table B’ attached to these Regulations.

The FIRST SCHEDULE

The rights and privileges to be enjoyed and exercised by the Purchaser and his successors in title and all other owners or occupiers of premises of the project are as follows:

 

1. Full right and liberty for the Purchaser and all persons authorised by him (in common with all other persons entitled to the like right) at all times to use:

 

• the entrance way, hall corridors, stairs, landings, lifts, basement, yard, swimming pools and the areas and installations of the project destined to serve all the owners.

 

• with or without motor cars and other vehicles all private roads of the project and the common parking spaces.

 

• on foot the pedestrian roads, the pathways and other ways, the common forecourts, corridors, the common gardens and other common areas or spaces.

 

2. The right to subjacent and lateral support and to shelter and protection from the other parts of the project.

 

3. The free and uninterrupted passage and running of water, drainage, sewage, telephones and electricity from and to the purchased premises through the sewers, drains and watercourses, cables, pipes and wires serving the said premises, which now are or may at any time hereafter be in, under or passing through the project, or any part thereof.

 

4. The right for the Purchaser with workmen and or contractors and at reasonable times on written notice (except in the case of extreme emergency) to enter into and upon any part of the project for the purpose of:

 

• repairing, cleaning, maintaining or replacing any of the aforementioned sewers, drains and watercourses, cables, pipes and wires causing as little disturbance as possible and making good any damage caused to the other premises, common areas or installations.
• repairing, maintaining, replacing, altering or rebuilding the purchased premises or any part of the project which gives subjacent or lateral support, shelter or protection to the Premises.

5. The benefit of the covenants and restrictions contained in the Agreement of Sale.
6. All the above rights and benefits are subject to and conditional upon the Purchaser contributing to and paying as provided in the Third Schedule of and in this General Agreement.

THE SECOND SCHEDULE

Restrictions and obligations imposed in respect of the Premises which bind the Purchaser and which shall be observed at all times by the Purchaser and any subsequent owner or occupier of the Premises.

1.Every owner may carry out alterations, additions or repairs to the interior of the unit he owns, join adjacent units, increase the area of a unit he owns after merging it with a part of another adjacent unit which he also owns, or join completely or partly by means of an internal staircase one or more units which he owns with one or more units situated above which he owns: Provided that no alteration, addition or repair –

(a) Shall prejudice the rights of the owner of any other unit or interfere with its enjoyment by the owner of the other unit;

(b) shall affect in any way the jointly-owned property, its smooth functioning or its enjoyment; and

(c) shall in any way affect the walls supporting the jointly-owned property and its external walls, shall endanger in any way the safety of the jointly-owned property or shall affect its external appearance.

 

2. As soon as each owner takes possession of his unit, he has the obligation to pay to the Management Committee or the seller, if a Management Committee has not yet been appointed, the sum of money which is to be prescribed in accordance with these Regulations, which shall represent his share in covering the initial management and administration expenses of the jointly-owned property. In addition, the owners for the time being shall pay to the Management Committee the total sum, which is to be prescribed to these Regulations. Every person in accordance with the Law and these Regulations. Each owner shall contribute towards this sum (in) proportion to the area of his unit as is provided by section 38K of the Law as shown on Table B which is attached who subsequently becomes owner of a unit has the same obligations to contribute towards this sum. This sum shall be used as a consolidated reserve towards the common expenses of the jointly-owned property, including the insurance of the jointly-owned building in accordance with the Law.

 

3. The Management Committee shall submit a statement every three months to the owners, which shall state the expenses of the three previous months, the nature and whether any member of the Management Committee who is an owner has contributed towards the expenses. The initial payments by the owners shall be used for payment of the expenses incurred in the first and in subsequent years. If these initial payments prove to be insufficient to cover the expenses (of) the three month period, the owners shall increase respectively the above mentioned amount, following a written notice from the Management Committee to each owner.

 

 

1. No owner:
   • shall use any premises: –                 
     • for any unlawful purpose,
     • for any use not allowed under the building permit,
     • generally for any use which may cause noise, smells or other nuisance or which might turn out to become detrimental to the health or dangerous to the safety of the owners, tenants, licensees, occupiers or persons using other premises, or which is not in harmony with the good morals and proper behaviour, of morals
     • or part of the common property in such a way as to affect the appearance or amenities of the project or the continued or uninterrupted use by the owners, tenants, licensees, occupiers persons using other premises of the project.
   • shall alter the originally agreed use of the private property to another use which is contrary to or is prohibited by this General Agreement.
   • subject to his rights in relation to any restricted common property which was allocated for the exclusive use of the Purchaser, shall in any way interfere with any part of the common property or restrain any other owner from lawfully using the common property.
   • Shall suspend, hang, exhibit or place any object or clothing from or on any balcony, veranda, roof, railing, door or window or from or on any part of the Premises or to the project to as to be visible from outside. Free standing clothing airier not exceeding 1.5 metres in height are permitted for the drying of clothing.
   • abandon, place or keep any object at the main and the auxiliary entrance, on the staircase, landings, corridors, roof, lift or any other part of the common property.
   • shall carry objects exceeding the permitted weight in the lift;
   • Shall change the colour of the windows, doors, balconies, verandas, railings or the outside walls of the Premises.
   • Shall erect, affix or allow the erection or affixing of any hoarding poster, advertisement, notice, illuminated sign, or notice of any nature whatsoever on any exterior part of the Premises or on the roof or on any window or other part of the project, the common property or perimeter walls.

 

Provided that the owners, tenants, licensees or occupiers or users of Premises may affix on the main entrance or at the entrance of their Premises and at a proper place, determined by the Management Committee, small plates bearing the inscription of their name and business, the extent of which may be determined by the Management Committee.

• Shall have, store, keep or use any objects or materials which due to the smell, smoke or dust emitted constitute nuisance to the other owners, tenants, licensees or occupiers of the premises or the persons who use those premises or the neighbours, or generally, any inflammable or dangerous objects or materials, nor shall do anything by which any fire insurance policy in respect of the project or the common property or any part thereof may be adversely affected or rescinded or the premiums or such insurance policy may be increased,
• Shall use solid fuel for the preparation of foodstuffs,
• Shall throw into the sink, WC, washing basin or bath or into the sewage system any solid or object or objects that might cause the blockage of the sewers, drains or pipes or from which inflammable or dangerous gasses might be emitted, nor shall throw into the sewers, drains or pipes anything that might cause damage to the sewers, drains or pipes,
• Shall place refuse anywhere expect in dustbins or at other places specifically designated for this purpose,
• Shall hang, dust, brush, clean carpets, pillows or other household articles of clothing on or from balcony, veranda, roof, railing, landing, door or window of any premises or from any part of the common property
• shall keep any animal in any part of the premises or property, without the prior written consent of the management committee which consent may be withheld without assigning any reasons therefore.
• shall allow the singing or playing of any musical instrument or any organ or the use of any gramophone, radio, tape recorder, TV, tape recording equipment or any other audio or visual instrument or equipment that causes, or at the opinion of the Management Committee, might cause nuisance or annoyance to any owner, tenant, licensee, occupier or user of any other premises of the project,
• shall place or install tents on or above any balcony, veranda, roof, door, window, skylight, wall or other exterior surface of any premises without the previous written consent of the Management Committee as to their intended position, colour, size and shape, which consent may however be withheld without assigning any reasons therefore
• shall erect, project, place or hang or allow the erection, projection, placing or hanging on any part of the common property any radio or TV antenna or wire or pole or any other equipment or object without the previous written consent of the Management Committee as to their intended position and size.
• shall place or plant any plants on any balcony, veranda, roof, window, wall or other exterior surface of his premises, save decorative plants planted in approved flower pots or other suitable pots, being in harmony with the whole appearance of the project and approved by the Management Committee.
• shall throw or allow any water or any other liquids to flow from his premises to the Premises of the other owners or to the common property.
• shall not carry out or perform any alterations or modifications to the premises whether internal or external and which in the sole opinion of the Management Committee may alter the original design or architectural configuration. In the case of internal alterations or modifications the Management Committee’s consent shall not be unreasonably withheld.
• shall use, store or keep inflammable gas in any form in the premises or on or about the common property either for cooking or otherwise.
• shall cook foodstuffs on the balcony of premises which may emit smells or smoke.
• shall allow or permit overcrowding of the premises.

 

2. Every owner shall:
   •  
   • pay the amounts/fees payable in terms of this General Agreement on due date.
   • abide by any general rules and regulations formulated from time to time by the Management Committee in relation to the use of amenities on the common property, and such shall include adhering to a dress code when using the swimming pool(s) and sunbathing as no topless sunbathing is permitted on the project or private property.
   • keep his premises, both internally and externally and in the case of premises consisting of a garden and/or swimming pool all such areas in a clean and tidy state and properly maintained at all times and at this own costs. In the event of the purchaser failing to comply with any demand to clean and/or maintain any such area or swimming pool the Management Committee shall be entitled, but not obliged, to engage the services of an independent company to carry out such work at the purchaser’s costs.
   • be liable and shall pay interest calculated at 9% per annum on any amount not paid on due date and reckoned from due date to date of payment.
   • not allow or permit access to their premises any persons who have not logged in and/or entered their names and identity/passport number in the register kept at the office of the Management Committee. The persons herein referred to does not include the owner and/or immediate family and/or tenants ordinarily resident or residing on the premises and it will include, but is not limited to, guests, invitees, agents and workmen.

 

9. Every owner is obliged to –

(a) Allow the Management Committee and its representatives at reasonable times and after giving notice – provided that no notice is required for urgent cases – to enter his unit in order to inspect, maintain, repair or replace pipes, wires, cables and ducts of the unit which may be used in relation to the enjoyment of any other unit or jointly-owned property or for maintenance or repair or in order to secure compliance with these Regulations;

(b) carry out promptly every work imposed on him by an appropriate administrative body, authority or person in relation to the jointly-owned property and to pay every tax, duty or charge which has been paid in relation to his unit;

(c) repair and maintain his unit and keep it in good condition;

(d) pay promptly every sum which he must pay by virtue of this Law and the Regulations;

(e) notify immediately the Management Committee of every change of ownership, possession or use of his unit;

(f) notify the Management Committee of his unit whenever he is absent, if his absence lasts for more than fifteen days.

 

10. Every owner has the obligation, when he grants a leasehold or enters an agreement to grant a leasehold, lease, license or other agreement for the possession or use of his unit, whether with consideration or not, to secure, as part of his obligations, that this leasehold, lease, license or other agreement shall include a term with an express notification to the leaseholder, lessee or occupier under license about the obligations of the owner, lease-holder, lessee or occupier under license by virtue of these Regulations and with an express provision binding the leaseholder, lessee, or occupier under license in relation to the unconditional acceptance of all provisions of these Regulations.
11. Every owner has the right to require, through the Management Committee or directly from the contravening owner in case the Management Committee neglects or refuses to act on behalf of the owner, that the contravening owner reinstate every damage that was caused by the contravention of any of the provisions of these Regulations.

 

12. Every owner has personal responsibility to the other owners and to every third party for each contravention of any provision of these Regulations by himself and by every lease-holder, lessee, or occupier under license of his unit, whether with consideration or not, and also for any deterioration of the condition of or any damage to the jointly-owned property that was caused by any act or omission of the owner or the lease holder, lessee or occupier under license.

 

13.–

(1) All the rights and obligations of the owners which emanate from the provisions of these Regulations shall continue to belong to and burden the owner of every unit, whether or not the unit is possessed or used by its owner or any other person deriving his rights from the owner. If a certain unit is not being used or remains unused for any period of time, the owner shall remain responsible for the fulfilment of each of his obligations and for the payment of the expenses corresponding to his unit, as is prescribed by these Regulations.

(2) In case the owner refuses to pay any sum which he owes by virtue of section 38K, the leaseholder or legal occupier of the unit may pay the above mentioned sum and deduct it from the sum which he shall pay to the owner as rent, unless a private agreement provides otherwise.

 

THE THIRD SCHEDULE

1. The Purchaser and his successors in title shall contribute to the following costs, expenses and other expenditure: –
   • The cost of cleaning, maintaining, repairing, insulating, operating, renewing and lighting the entrance way, hallway, corridors, staircases, lifts, outside walls, basements, roof and all other common property.
   • The expenses of cleaning, maintaining, repairing and renewing the water pipes, the pipes of the central heating /hot water, drains, sewers, sewerage systems, electric cables, wires, gutters, engine room and generally all installations, equipment and machinery which serve the project in general, or the common property
   • The cost of cleaning, maintaining, repairing, resurfacing and lighting the private roads, pathways, passages, corridors, common forecourts and common parking spaces.
   • The cost of cleaning, maintaining, planting and lighting of the common gardens.
   • The expenses of cleaning, maintaining, repairing and renewing the outside doors, the gates, boundary walls, fences and generally all common property.
   • Taxes, rates and duties of every nature, which are imposed on or in relation to the common property and the project in its entirety
   • The remuneration of any porters and all other personnel including but not limited to any advisors employed by the Management Committee.
   • The cost of insurance of the common property.
   • The cost of all electrical and water supply to the common property of the project
   • The cost of all fuel oil for pool heating and pool cleaning.
   • The cost of routine maintenance of lifts and their emergency telephones.
   • The cost of pest control
   • The cost of bank charges
   • Provisions of on-going removal of pool furnishings
   • The cost of collection and disposal of refuse
   • The cost of insurance of each premises and the project in its entirety if the Vendor should elect to take out insurance in respect thereof against earthquake and fire damage as well as public liability. The Vendor will notify each owner timely if such insurance has been taken and failure by the Vendor to notify each owner as herein recorded shall be deemed that no such insurance exists and each owner shall be obliged to insure their own property as set out in paragraph 2.1. of the second schedule.
   • The cost of maintaining the drainage pump station together with the cost of an emergency call out agreement and/or maintenance contract, if applicable.
   • Generally all costs, expenses and payments lawfully incurred by the Management Committee in respect of or in relation to the common property.
2. The Purchaser shall, notwithstanding anything to the contrary herein contained, pay with the effect as from the date that he obtains possession of this property his share of costs envisaged in this General Agreement based in accordance with the Schedule referred to in paragraph 3 below.

 

•  

 

 

 

 

 

 

 

 

 

3. the management committee shall be entitled to amend the set fee from time to time to take into account increases in costs referred to in paragraph 1 above.

•  

4. the monthly set fee for each owner will be payable quarterly in advance commencing on the first day after taking possession of his property.

 

 

THE FOURTH SCHEDULE:

 

The following regulations provide for the control, operation, administration, use and enjoyment of the various premises and the common property of the project and regulate the relations between the owners and their rights and obligations in relation thereto.

 

PART 1

 

GENERAL MEETING OF THE OWNERS

 

1. The first general meeting of the owners shall be convened by the Vendor within three months from the date of the issue of the new title deeds of each private property unless the Vendor at its sole option agrees to an earlier date.
2. Any subsequent general meeting of the owners shall be convened once a year, provided that no more than 14 months shall elapse between the date of one annual general meeting and that of the next.
3. Every general meeting, other than the annual general meeting, shall be called an extraordinary general meeting.
4. Subsequent to the convening of the first general meeting referred to in 1 above and not at any time prior thereto, the Management Committee may, whenever it thinks fit and upon the written request of the owners holding not less than 50% of the totalities of the votes, convene an extraordinary general meeting. 

 

5. In the case of a general meeting:

 

5.1. Twenty eight days’ written notice shall be given for every general meeting, specifying the place, the date and the hour of the general meeting and in case of special business the nature of the business. The accidental omission to give notice of a meeting to any owner or the non-receipt of such notice by any owner shall not invalidate the proceedings at that meeting.

 

5.2. Notice posted at a conspicuous space on or within the building complex/block of flats shall be deemed as given to every owner the day after its posting.

 

6. With the exception of the consideration of the accounts and the election of the member of the management committee all business transacted at an annual general meeting or at an extraordinary general meeting shall be deemed special.

 

7. Save as otherwise provided in the present regulations, no business shall be transacted at any general meeting unless a quorum of the persons entitled to vote when the meeting proceeds to business is present. Owners personally present or represented by proxy, holding at least fifty per cent (50%) of the totality of the votes shall constitute a quorum.

 

8. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the following week, at the same time and place, and, if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the persons or represented and entitled to vote shall constitute a quorum.

 

9. At the beginning of the general meeting that Chairman and Secretary of the meeting shall be elected.

 

10. Resolutions at the general meeting shall be decided on a show of hands unless a poll is demanded by any owner present in person or represented by proxy. Unless a poll be so demanded, a declaration by the Chairman that the resolution has on a show of hands being carried shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favor, or against such a resolution. The demand for a poll may bewithdrawn.

 

11. If a poll is demanded, it will be taken in such manner as the Chairman directs, and the result of the poll should be deemed to be the resolution of the meeting at which the poll was demanded.

 

12. In case of an equality of votes, whether on a show of hands or on the poll, the Chairman of the meeting shall be entitled to a second or casting vote.

 

13. On the show of hands every owner shall have one vote. On a poll every owner shall have so many votes as the extent in square meters of the floors of his premises, out of the total of votes equal to the total extent in square meters of the floors of all erected premises within the project, but excluding covered common property.  Provided that the extent of the uncovered verandas are covered balconies and of any restricted common property will be disregarded. Fractions will similarly be disregarded.

 

14. The votes may be given either personally or by proxy, irrespective of whether a resolution is carried on a show of hands or on a poll. 

 

15. A proxy shall be appointed in writing signed by the appointer or his attorney, and may be either general or for a particular general meeting. A proxy need not be an owner.

 

16. If the owner of the premises is a corporate body it may participate at a general meeting at vote by its representative appointed in accordance with the provisions relating to that corporate body.

 

17. In case the premises belong to more than one owners, the co-owners may, by document signed by all the co-owners or their representatives, appoint one of them or any other persons as their proxy either for every general meeting or for a particular general meeting.

 

18. No owner shall be entitled to vote at any general meeting unless all contributions payable in respect of his premises have been paid in full.

 

19. In case the owner is a trustee he shall exercise the voting right in respect of the premises to the exclusion of the beneficiaries to the trust and such beneficiaries have no voting right.

 

20. Resolutions at a general meeting are carried by a majority of at least 75% of the votes of the persons present and voting and no resolution is carried in relation to such matters unless it has been carried by the required majority.

 

21. Resolution imposing on any owner obligations or payments of any kind or extent not envisaged by the present regulations or altering his rights shall not be valid in relation to the said owner unless he consents to it.

 

22. The secretary of the general meeting shall keep proper minutes of the proceedings.

 

23. Every resolution carried in accordance with these regulations and registered in the book of resolutions shall bind every owner whether he was an owner at the time when the was carried out or became an owner subsequently. The record of resolutions shall be open for inspection by every owner at all reasonable times.

 

PART II

MANAGEMENT COMMITTEE

 

24. At the first annual general meeting to be held at set out in clause 1 of Part I of the Fourth schedule, the owners shall determine the number of the members of Management Committee, which cannot exceed five, and shall elect the person who shall constitute the Management Committee. It is recorded that of the members of the Management Committee will be the Management Company employed by the Management Committee. 

 

Provided that until the first general meeting is held the members of management Committee shall consist of the vendor and any other person/s appointed by it in its sole direction. Any person, if so appointed by the Vendor may be dismissed by the vendor without assigning any reasons for such a dismissal. At the first annual meeting aforesaid the members of the management committee and all the persons appointed thereon by the vendor shall tender their resignation and the vendor shall ensure that all such persons act accordingly and that such forms part of their appointment to the management committee.

 

Each owner shall ensure that the documentation referred to in paragraph 15, 16 and 17 reaches the management committee at least three days prior to any meeting failing which such representative will not be permitted to vote or attend such meeting.

 

25. If the Management Committee consists of more than one member, one of them shall be elected as Treasurer.

 

26. A general meeting may alter the number of the members of the Management Committee determined in accordance with these regulations or to elect new members if for any reason the number of its members has been reduced.

 

Provided that if for any reason, the number of the members of the management committee has been reduced below the number determined in accordance with these regulations, the remaining members of the management committee shall convene within 10 days an extraordinary general meeting for the election of new members.

 

27. The members of the management of committee shall, including those elected in accordance with regulation 26, hold office until new members of the management committee have been elected at the next annual general meeting.

 

Provided that the owners may by resolution carried at any general meeting to terminate at any time, the membership of the management committee of any of its members and replace him with another person. 

 

28. The members of the management committee may be re-elected.

 

29. If the members of the management committee exceed two they shall elect one of them as its Chairman. The decisions of the management committee, if it consists of more than two persons, are taken by majority of the votes. If in relation to the particular proposal, the votes in favor of such proposal are equal to the votes against, such proposal is deep to have been rejected.

 

30. The management committee shall exercise all the powers and perform all the duties, which are specified in any legislative provision in force or in these regulations, as well as any other powers or duties assigned to or imposed upon it by the owners in general meeting.

 

31. Without prejudice to the generality of paragraph 30 above and in addition thereto:- 

 

31.1. The management committee may: –

 

31.1.1. commence and defend action in relation to any matter which touches the common property,

 

31.1.2. commence actions in relation to any damage or loss caused to the common property by any person, whether that person is an owner or not,

 

31.1.3. enter into contracts in relation to any matter concerning the maintenance and management of the common property,

 

31.1.4. Employ such persons or agents and pay them such reasonable remuneration as it deems necessary.

 

31.2. The management committee is obliged to:

 

31.2.1. Control, operate, manage and administer the common property and do all necessary acts for the enforcement of the regulations and the control, operation, management and administration of the common property, and for securing the services specified by or under these regulations,

 

31.2.2. Maintain in good working and tenantable condition the common property,

 

31.2.3. carry on the duties imposed upon it by or under these regulations 

 

31.2.4. convene a general meeting of the owners at least once a year and such other general meetings as provided by these regulations.  

 

31.2.5. Comply with any notice, order or decision of any appropriate administrative organ, authority or person, in relation to the common property,

 

31.2.6. contract, any Insurance policy provided by or under these regulations, 

 

31.2.7. pay the premiums in relation to a any Insurance policy, contracted by it,

 

31.2.8. deal with the money received by it under the Insurance policy for the reconstruction, repair or restoration of the common property. 

 

31.3. The management committee is empowered, inter alia, to:

 

31.3.1. establish and maintain a fund, which is in its opinion, is sufficient and which the management committee may use, for payment of the management expenses and for the control, operation, Management and administration of the common property and the payment of insurance premiums and, the exercise or performance of any power, duty or obligation of the management committee.

 

31.3.2. specify from time to time the sums payable for the objects referred to in sub paragraph 31.3.1, and the times and manner of payment of the contribution of each owner under the Agreement of Sale and the General Agreement,

 

31.3.3. Collect such sums specified as aforesaid by imposing a contribution upon the owners in accordance with the Agreement of Sale at the General Agreement.

 

31.3.4. Recover by action from any owner any sum due by him or spent by the management committee for repairs or works carried out by it or spent at its discretion for compliance with any notice or order of an appropriate administrative organ, authority or person in relation to the project.

 

 

32. Subject to the provisions of paragraph 33 herein under, any contribution imposed, as provided in sub- paragraph 33.3 above, is due as soon as the decision of the management committee is made and may be recovered by action by the management committee from the person who was the owner at the time such decision was made and from the owner at the time of the filing of the action both being liable jointly and severally.

 

33. The management committee on the application of an owner or any person duly authorized in writing by him shall certify:

 

33.1. The sum of the contribution of such owner,

 

33.2. the manner of payment of the contribution, and

 

33.3. the amount of the contribution by the owner 

 

And such certification shall be conclusive evidence of the matters certified therein for the benefit of every person contracting with the said owner.

 

34. The management committee shall keep accounts of the money received and expended and shall produce same together, with all relevant receipts and particulars at the annual general meeting for approval.

 

Every owner may at all reasonable times inspect the aforesaid accounts and the relevant receipts and particulars. The financial year starts on the 1st of January and ends the 31st day of December of each calendar year.

 

35. and may be further amended or replaced subsequent to the convening of the first meeting of the management committee as referred to in clause 1 of the fourth schedule, by resolution of the owners in general meeting carried by the majority of at least 75% of all the votes provided that so such amendment or replacement shall not:

 

 

35.1. terminate, alter or repeal the rights of any owner,

 

35.2. specify certain part of the common property as restricted common property and allocate same for the exclusive use of particular premises, unless such part was specified as restricted common property and was allocated to the particular premises originally by the vendors, or it has been decided anonymously by all the owners.  

 

 

PART 3 

GENERAL

 

 

TABLE A

(Regulation 3(1))

Jointly-owned building known as ………………………………………………………… situated at …………………………………………………………….…………

Jointly-owned property belonging to every unit by virtue of section 38I of the Law estimated in accordance with the provisions of this section.

1	2	3	4
Floor space	Unit Designation Number	Proportion of joint ownership belonging to every unit	Percentage (%) of votes in relation to each unit

 

TABLE B

(Regulation 3(2))

Jointly-owned building known as ………………………………………………………… situated at…………………………………………………………….…………

Participation of units in the costs of maintenance, etc. of the jointly-owned property by virtue of section (38)K of the Law, estimated in accordance with the provisions of this section.

1	2	3	4
Floor space	Unit Designation Number	Proportion of floor surface (m2) of each unit	Percentage per thousand (%) in the cost of common services
			Common and otherExpenses

 

Note:

(a) Heating: Petrol consumption, expenses for maintenance and repair of machinery of central installations.

(b) Common expenses: Cleaners wages, cleaning materials, maintenance and repair of lift, consumption of electricity and water, decoration of commonly used spaces, emptying of sewage tanks and any expense which is not included in (a) and (b).

(c) Other expenses: Insurance, general repairs of jointly-owned buildings of plumbing system and electrical installations.

 

 

 

 

 

 

 

No, I think it must be clear that the owner need to insure there own property and that the insurance the MC pay for is just the communal area

 

 

 

 

 

 

17. The Management Committee may, whenever it considers expedient, and has the obligation to convene an extraordinary general meeting, following a written application by the owners of at least twenty-five (25%) of the jointly-owned property, as is prescribed by section 8 of the Law and as is shown on Table A Which is attached to these Regulations. If the Management Committee does not convene a meeting within fourteen days from the day the application was submitted to it, the owners of the units who submitted the application may convene the meeting.

18.– (a) For every general meeting seven days’ notice must be given which shall prescribe the place, date and time of the meeting and, in case of special business, its nature. In case there is an accidental omission to give such notice to any owner or in case any owner does not receive such notice, no proceeding at such meeting shall be rendered void.

(b) A notice posted at a conspicuous place at the jointly-owned building shall be considered as having been given to every owner of a unit one day after its posting.

 

 

26. In case the decision is taken by raising of hands, each owner shall have one vote: if the decision is taken by voting, each owner shall have a number of votes which corresponds to the share in the joint ownership which belongs to his unit, as is provided by section 38I of the Law and as is shown in Table A which is attached to these Regulations.

 

33. Decisions at the general meeting are taken by majority of votes of the persons present and entitled to vote, unless a larger or special majority is prescribed by the Law or these Regulations. When a special majority is prescribed by the Law or these Regulations in relation to any matter, no decision in relation to this matter is valid, unless taken by the majority prescribed.