Elevators (Communal Expenses and Non – Payers)

Firstly, under The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993 for elevators – 6(1) of 1993. Also, section 38K (hereinafter referred to as “The law”), common expenses should share between all owners. Further, hence it is an obligation of every owner to participate in the payment of common expenses.

Article 38A about Elevators

Under the Article 38A, common hold property, is any part of the building/project. Further, which has not register as a privately owned unit. Generally, the roof is consider to be part of the common property. which is indicate impliedly from Article 38ΣΤ (1), or Model Management Rules in Rule No.8 ((ε) However, it is also advisable in order to determine, whether the roof falls under the scope of common expenses. Also, this which should jointly share, for the owner to visit the Land Registry and get the registration details of the block. This will indicate whether the roofs are private or share.

Examine the contracts for Elevators

Another way is to examine the contracts of sale for the complex of apartments. If the roof forms part of their property (and are therefore private) it will indicate in the contract. Therefore, building complexes that have their roofs marked as communal assets will attract certain communal expenses. Further, which the owners should share jointly.

Rights of Resitant for elevator

Those, who are resistant to comply with the law and participate in the common expenses, will be deprived from rights, which other owners are entitled to have, such as a right to vote at the general meetings. Moreover, the Management Committee can file a lawsuit against the owner, who does contribute to payment of common expenses in accordance with the law.

For any more information please contact G Kouzalis LLC offices. Our law firm will be happy to help you.