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Unpaid site fees
Posted: Mon 18 Jun 2018 7:19 pm
by ardstrawray
Several owners on our site are not paying site fees, is there any legal way we can put pressure on them to get payment?
Re: Unpaid site fees
Posted: Mon 18 Jun 2018 7:54 pm
by Keithcaley
ardstrawray wrote:Several owners on our site are not paying site fees, is there any legal way we can put pressure on them to get payment?
Consult an Avukat with a view to taking them to Court - assuming that the Site in question has a 100% legal Committee and Constitution (see
FLOOR OWNERSHIP AND FLOOR EASEMENT LAW July 2010 - this link is probably a little out of date by now) - If you are not familiar with the requirements, then you should probably take a look at the legislation outlined in the Official Gazette, and/or find an Avukat who
is familiar with it...
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 5:54 am
by Deniz1
Good luck with that! Its an ongoing problem on sites sometimes the threat of court works but the legal system for minor things like that is very slow and could take years to get a ruling. A friend of mine lives on a site and one of the non payers is a lawyer{ Avokat}
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 8:47 am
by Cally
Just a thought, are management company able to turn off water/electric as a bargaining tool
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 8:54 am
by Keithcaley
Cally wrote:Just a thought, are management company able to turn off water/electric as a bargaining tool
We are talking about a debt here - someone owing money to someone else.
If someone owed you money, would it be OK for you to go around to their house and disconnect their electricity and water?
I think that the OP needs to seek legal advice as to their options!
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 10:17 am
by frontalman
Unfortunately when you live on a site such as yours this is always a danger. There have been problems on several other sites with this and other issues. Squatters on one site east of Esentepe, for instance.
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 1:48 pm
by tomsteel
Cally wrote:Just a thought, are management company able to turn off water/electric as a bargaining tool
The provision of potable water and sanitation is a UNHR requirement, ergo any management company depriving citizens of such basic needs would be in serious legal poo, as a certain east of Girne Belidiye Baskan was reminded so by the TRNC Ombudsmen earlier this year.
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 4:24 pm
by Geoff1131
I dont think that electric could be cut off as Kibtek would need to do that. But water. If the site has a water depot that the other owners pay to top up and also pay for the running of the pumps to deliver the water. Then i would say there is a good case to cut the water supply. Why should paying owners subsidise non payers? If the water is from the municipality then the same as the Kibtek situation!!!
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 6:15 pm
by tomsteel
Geoff1131 wrote:I dont think that electric could be cut off as Kibtek would need to do that. But water. If the site has a water depot that the other owners pay to top up and also pay for the running of the pumps to deliver the water. Then i would say there is a good case to cut the water supply. Why should paying owners subsidise non payers? If the water is from the municipality then the same as the Kibtek situation!!!
What would the legal position be if non-maintenance owners ordered their own water tanker supply direct to their individual house tanks and the maintenance company prevented their supply?
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 6:19 pm
by Confused
Posted on wrong thread
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 6:49 pm
by tomsteel
Confused wrote:Posted on wrong thread
Why?
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 6:59 pm
by sophie
Now I'm confused - or am I?
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 8:47 pm
by Geoff1131
tomsteel wrote:Geoff1131 wrote:I dont think that electric could be cut off as Kibtek would need to do that. But water. If the site has a water depot that the other owners pay to top up and also pay for the running of the pumps to deliver the water. Then i would say there is a good case to cut the water supply. Why should paying owners subsidise non payers? If the water is from the municipality then the same as the Kibtek situation!!!
What would the legal position be if non-maintenance owners ordered their own water tanker supply direct to their individual house tanks and the maintenance company prevented their supply?
Tomsteel, i said if the site had a water depot and the paying owners had paid for the water and the cost of distributing the water. Then i would think there was a good case for cutting a supply to an owner who refused to pay towards the costs. I never mentioned anyone having their own tanks and buying their own water.
Re: Unpaid site fees
Posted: Tue 19 Jun 2018 10:10 pm
by Keithcaley
And will you indemnify the owners in the event that they are subject to legal action subsequent to following your advice?
I still think that they should seek legal advice from someone qualified to give it!