Owning a unit in a development means co-owning the communal areas and contributing to their upkeep, whether or not you are satisfied with how they are managed. Disputes over charges, accounts and committees are among the most frequent property disputes in practice. This sets out what Cap. 224 requires of a management committee, and the options when it is not followed.
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Anyone who owns an apartment or unit in a building or development in Cyprus shares ownership of the communal areas, and with it the obligation to contribute to the common expenses. Disagreements about charges, maintenance and management committees are among the most frequent property disputes in practice. This article summarises the rules and the practical options when things go wrong.
The Legal Framework
Jointly owned buildings are governed by the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224. Section 38KB requires every jointly owned building to have a management committee, constituted in accordance with that Part and the Regulations. Election by the owners is the normal route but not the only one: under section 38KC the Director appoints a temporary committee after registration if the owners who applied for it ask him to, and under section 38KD(1) he may appoint one where none was constituted or where it has stopped functioning, from among the owners or, if that is not feasible, from other persons. Under section 38KD(2), where the Regulations provide for election by the general meeting he does not use that power unless he has convened a general meeting and it has failed to elect. The committee must insure the building, maintain the communal areas and keep proper accounts. Common expenses are shared between owners in proportion to the area of each unit, and that basis is not open to the building to change. Section 38IA(1) provides that each owner's share of the expenses is fixed by the Regulations on the basis of the area of each unit, and section 38IΘ(4) requires Regulations made under this Part to be consistent with the Law. The Regulations work out the apportionment; they do not choose a different measure.
What the Regulations do decide is everything else, and they are easier to change than owners expect. Under section 38IΘ(2) owners may make, amend, revise, replace or revoke them by a decision of the owners of at least seventy five per cent of the common property, unless a different percentage is specified. Under section 38K(1), once registered they bind every unit owner and every later owner. And under section 38KA, where no Regulations are registered the standard regulations in the Schedule are deemed registered, and where registered Regulations are silent on a matter the standard regulations govern it.
The Disputes We See Most Often
Owners refusing to pay because they are dissatisfied with the maintenance; committees imposing charges without proper accounts or general meetings; developers retaining control of the management long after delivery of the units; and disagreements over repairs to elements which serve one unit but form part of the communal structure, such as roofs, terraces and pipework. It must be stressed that non-payment is not a lawful remedy for poor management: an owner who withholds contributions can be sued by the committee, while a committee which fails in its duties can be challenged and replaced by the owners.
Practical Steps
Ask for the accounts and the minutes; the committee is obliged to keep both. Where a charge is disputed, it is usually wiser to pay under protest and claim it back than to accumulate arrears. For persistent problems, owners holding the required share of the building can requisition a general meeting and replace the committee. Court proceedings, whether by the committee for the recovery of arrears or by owners against a failing committee, are effective but should be the last step, not the first.
Questions we are asked
Can I refuse to pay common expenses because the building is badly maintained?
No. Non-payment is not a lawful remedy for poor management: an owner who withholds contributions can be sued by the committee. Where a charge is disputed, it is usually wiser to pay under protest and claim it back than to accumulate arrears, and the remedy for a failing committee is to challenge and replace it.
How are common expenses shared between owners?
In proportion to the area of each unit. Section 38IA(1) of Cap. 224 provides that each owner's share is fixed by the Regulations on the basis of the area of each unit, and that basis is not open to the building to change: the Regulations work out the apportionment, they do not choose a different measure.
Is a management committee compulsory?
Yes. Section 38KB of Cap. 224 requires every jointly owned building to have a management committee. Election by the owners is the normal route but not the only one: the Director can appoint a temporary committee after registration, and can appoint one where none was constituted or where it has stopped functioning.
Can the building's regulations be changed?
Yes, and more easily than owners expect: owners of at least seventy five per cent of the common property may make, amend, replace or revoke them, unless a different percentage is specified. Once registered they bind every unit owner and every later owner, and where no Regulations are registered, the standard regulations in the Schedule are deemed registered.
What can owners do about a failing management committee?
Ask for the accounts and the minutes, which the committee is obliged to keep. For persistent problems, owners holding the required share of the building can requisition a general meeting and replace the committee. Court proceedings, whether by the committee for recovery of arrears or by owners against a failing committee, are effective but should be the last step, not the first.
Conclusion
Communal living works when the rules are followed, and breaks down expensively when they are not. Our firm advises management committees and individual owners across Cyprus on the recovery of common expenses, committee governance and communal area disputes. Contact us for practical advice before positions harden.
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This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. For advice on your own matter, contact Klitos Platis at klitos@kleanthousplatis.com or telephone +357 22 680 330.
Klitos Platis
Advocate, Partner
Kleanthous & Platis LLC, Nicosia · Published 5 July 2026, revised 21 August 2026
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