Elevators are an integral part of the majority of the apartment complexes in Cyprus, since it is reasonably foreseeable that most of them are occupied by elderly people. Elevators have high maintenance demands, safety issues, and power consumption, hence they will attract some substantial common expenses, which should be jointly paid by all the owners in accordance with The Immovable Property (Tenure, Registration and Valuation) (Amendment) Law of 1993 – 6(1) of 1993.
It must be pointed out that the payment of common expenses is a legal obligation of all owners of the commonhold property, irrespective whether some expenses do not directly affect a specific owner or group of owners. This also applies to the aspect of the maintenance of elevators where owners of base floors often refuse to pay these expenses.
However, if the owner, despite the attempts of the legally elected committee to persuade him/her to contribute towards the payment of elevator maintenance fees is still resistant to pay, the legally elected committee can initiate legal proceedings against the non paying owner in order to recover the debt due.. If successful, a court order will be issued ordering the non payer to recover all the amounts of common fees that are due to the legally elected committee. enabling them to lodge a ‘memo’ against the property registered in the name of the debtor. This will make it impossible for the debtor to sell the property without having first repaid the debt.
Nonetheless, the preferred option is to persuade the owner to contribute towards the elevator maintenance fees without resort to legal measures.