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Medview Homes News


19 May 2020

It has come to our attention that some owners, mainly at Hilltop Village, are carrying out substantial works to their properties or are contemplating doing so.

Over the years there have been a number of versions of the Management Agreement that each owner entered into. For a number of years the Management Agreement has provided that no alterations or additions are permitted without the consent of the Management Company.

In any event the decision by owners to form a formal Association and adopt an Administration Plan now means that all owners are subject to the terms of that Plan whether or not they voted for it. That is the position in TRNC law.

The Plan states:
"16.1- The Owner agrees not without the written consent and granting of prior approval by the MC, to make any structural alteration or addition to the Property or lands belonging to the Property, nor to do anything which would breach the Planning Permission obtained for HV, nor to enclose or cover any part of the property which was not covered or closed. The MC may charge the Owner a fee for the granting of said consent and license. If the Owner makes any alterations without the granting of consent by the MC, this will constitute a breach of the Rules & Regulations of HV and the MC is permitted to put back to reverse any alterations made and charge the Owner for carrying out these alterations." "19. The Owner agrees not to place any form of water storage container or container on or in any area of HV or the Property. This means not to place any form of water storage container or container on or in any communal area of the development nor any privately owned areas of the Property. This includes both above the ground and underneath the ground. In signing this agreement the Owner also agrees that if the Owner or any representative of the Owner places any water storage container or container on any area of the Development or the Property, the MC has the right to gain entry to the property and remove and dispose of it without further communications."

The works which some owners are taking or contemplating contravene these two sections of the Administration Plan but it will also be a breach of the Planning Permission and, as such, will further delay the issue of the individual deeds.

The Management Company will not hesitate to take legal action where necessary.