We own an appartment in a complex in Peyia.The living area ceiling of our appartment is partially the veranda of the appartment above us.
We have a problem in so far as moisture from the above appartments veranda is regularly damaging our ceiling,we have to repair the cieling at least once a year.
The"owners" (Joint ownership Husband,Wife and Motherinlaw) of the property vacated the property in about 2014 and have not paid any community fees etc since that date,and according to thr Managment company have "disapeared" back to the UK.
What measures can I take to carry out any repairs to the above veranda and try to recoup thr costs ?
Is this a matter for the residants commitee under the joint property law 93 ?
But it could be that the apartment has been 'handed back' to the bank (again the Land Registry should know. The Management Committee can then contact and write to the bank as above.
I believe the cost of repairs will be paid by the communal fund.
I expect the drain (duct) on the balcony is blocked or the floor of the balcony has not been waterproofed.
The owners of the property in question do not respond to any correspondence, but I am able to enter the property as the Management company have change the locks and have a set of keys.
Can I assume that I can legally instruct the Management company to carry out any emergency repair work to the veranda above, in order that my property receives no further damage.?? (The veranda is in a terrible condition but we would only carry out such works that prevent damage to my property.
I am also a bit confused, should the Management Company (they have the owners address) or the Management Committee write to the owners?
Should I have to pay for this work myself?
Ps (the Management Company hinted that the Bank may have repossessed the property ,would that improve matters ?
It is the Management Committee you should be dealing with as it is their responsibility - not the management company. So they should be writing to the owners.
You can ask the Management Committee if they could resolve the problem with the balcony, but you cannot 'legally instruct' them.
If you cannot contact the owners and/or find details of their insurance, I'm afraid you'll have to pay for the work yourself.
There is a possibility that the bank may have repossessed the property - the Management Committee should be able to find out if this is the case from the Land Registry. If the bank has repossessed the property then it will be in their best interest to repair the damage to the veranda but I don't think they'll pay for the repairs to your apartment - but you can always ask.
I assume that the owners of the apartment are not paying their communal fees?
Does this text in the Law have any bearing on the situation regarding who is responsible for the repair costs ??
I think that the management committee could pay for this damage and recoup the cost from the bank/new owners as unpaid communal charges. Because of the bank have repossessed the property they are deemed the legal owners and are subject to the same terms as everyone else to pay.
Try it, see what the committee say, they have nothing to lose, they could also claim interest on unpaid monies.
further to our "posts" regarding damage to my property due to a neglected veranda above.
Due to lack of maintenance to the veranda storm water from the property above us repeatedly damages the ceilings in our apartment.
They do not reply to any post the (The Management Company has a UK postal address) and it is not quite clear whether the property has been “repossessed” by a Bank.
I have a Building Insurance who refuse to cover costs of any damage to my property or the property above.
I have contacted the complex Management Committee who will not instruct anyone to carry out any sort of temporary work to at least prevent further damage, and certainly do not feel that they have any responsibility in the matter.
Surely under the Law They have a certain responsibility? Or to what extent are they responsible for any repairs to the building (which areas? Stairwells, Roofs ???) Are the appartment (Stormwater) drains communal ownership ??
PS My builder was at the premises today and reports the several other apartments are having similar problems.
(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;"
I suggest you give your Management Committee a kick in the backside.
As for your insurance company refusing to pay, the WHOLE of jointly-owned building must be insured with the same insurance company as this avoids the problem you are facing.
But it's also possible that your Management Committee has only insured the jointly-owned building for the minimum cover required by law - i.e. fire, lightning and earthquake.
This seems to be a very "Grey" area.
Can I assume that the Management Committee is responsible to oversee that each "unit" owner maintains his property in such a way as to not “effect the use and enjoyment” of the owners other units in the complex, and should an owner not comply with the Laws or Regulations the management committee should undertake any action required and recoup the costs from the owner of the unit in question ?
Also Is a veranda (Which is the “roof” of a neighboring property) defined as Jointly owned property? Are Stormwater drains also Jointly owned property ?
I suggest you download and print a copy of the law and give it to your Management Committee - link in my earlier reply. That contains the obligations and rights of owners and the Management Committee. If something is unclear, get back to me.
(I have no problem entering the property I can obtain a key from the Management Company).
As I see it now the Management Committees obligation is no more than to (Try to) find out who is the legal owner of the neighboring property and furnish Me with that information so that I can ask the owners to attend to and repair the offending areas of their veranda. If the owners have no insurance cover or are not contactable then I must pay for the repair myself.
Also, should the owner have no insurance covering such a situation then my insurance Company is not liable for any damage to my property or the veranda of the neighboring property.
In other words I must pay for all repairs to My and the neighboring property myself, or at least pay for some sort of temporary construction that will cover the veranda above (25 Square Meters) in order to prevent storm water collecting And then hope that the Storm Water drainage is not defective.
(a) Explosion of boilers or gas used of domestic purposes only.
(b) Aircraft or other aerial devices or articles dropped therefrom.
(c) Riot, civil commotion, malicious persons or vandals.
(e) Escape of water from any tank, apparatus or pipe.
(f) Impact by any road vehicle or animal.
in addition to the basic statutory cover for fire, lightning and earthquake.
Assuming that they haven't been cheapskates and have the optional covers, the insurance company should pick up the costs of repairing the damage caused by the water.
As the apartment causing the problem is private property, you cannot enter it. But the Management Committee can as I explained in an earlier reply.
In the worst case scenario you will have to pick up the tab for repairing the damage caused to your property - and preventive repairs to stop the water leaking again.
Am I allowed to ask for a copy of the insurance policy ?