When do maintenance Contracts have to go out to tender?

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
03/05/2011 10:47

Im not at all happy with my maintenance company, my contract states that every year this has to go out to tender so all site owners have a say in who they wish to maintain their site, HOW LONG before the end of the previous maintenance companies contract runs out does this tendering have to take place? My contract has never been adhered to and I@m getting a bit sick of it?

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
03/05/2011 11:34

How about asking your current maintenance contractor?

In the absence of a date I would imagine about 3 months before the anniversary of the contract.

This could give you time to go out to tender and, if needed, give the incumbent notice.

johndp


Joined: 08/09/2009
Posts: 497

Message Posted:
03/05/2011 11:43

Dont want to hijack your thread bazzagirl, but I find myself in a similar situation, we have a so called committee foisted on us by a m/c put in place by the developers, the Committee wont answer my e-mails, even though they asked me not to post anything on here meantime, we have had maintenance stopped till more money came in. water ran out even though we pay in advance for it, the gardens are overgrown, and I have asked when there is going to be an AGM/EGM and a proper constitution put in place for the past 2 years now but we are no further forward.

I hope you have more success, good luck

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
03/05/2011 12:03

The minimum period should be 3 months....1 month for returns.....1 month for the owners to make their decision......and 1 months notice to the successful company.

Michael

bazzagirl


Joined: 09/05/2010
Posts: 525

Message Posted:
03/05/2011 19:15

thank you Michael someone should tell our committee that

CJtill


Joined: 02/05/2008
Posts: 836

Message Posted:
03/05/2011 21:05

Your Committee, no doubt, were elected into office by the owners and are there to represent the said owners. Your concerns should be brought to their attention, and answers to questions (as per your posting) should\must be given. If you are not happy with the way things are run, then the majority of owners on your complex should make their voices heard.

Sound easy, but of course its not.



Though your contract may state that you must go out to tender each year, if the vast majority of owners are happy with the existing company then all you really need to do is renegotiate the annual fees they charge, and accept\reject their subcontractors costs.

Michael

Sandra


Joined: 01/03/2009
Posts: 5

Message Posted:
10/05/2011 00:51

Interesting read. I'm assuming the author is in possession of title deeds (Kocan), without which you cannot replace a management/maintenance company, even then 51% of owners would have to agree to the action.



I think Michael's comment makes sense.



Hope this is helpful

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
10/05/2011 07:28

Sandra.



I Disagree. a Management company can be replaced regardless of owners having a kochan, if the management company is not performing and not agreeing to a contract then they can be ousted, a good contract would stipulate this.



If owners do not have a contract then that indicates that owners do not have to pay the M/C any way.



Of course all involved need to adhere to TRNC apartment law.



And of course owners have an obligation to contribute to the running costs of the site.



At the last resort all of this can be argued in court.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
10/05/2011 09:28

pipie



I have said several times on the forum when the apartment law is mentioned. that should be the legal way everything has to be set up according to that law but as in our case we have used the existing condominium law in relation to everyone having to pay there share of communal expenses and if not its court as we have done with 3 non payers on our development. You still have to have the financial accounts to show what has is spent re the communal site and I would suggest that the management company has to provide these accounts as to what has been paid and the nonpayers are served with legal notices and if ignored then court proceedings. It does take someones as always to get all the information together ie who has not paid owners names and emails or addresses or if no address to serve notice then the cyprus address is where the notice is served.



message 7 where is the stipulation that you have to have kocan deeds is that in the new law. thanks

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
10/05/2011 10:08

I agree mesage 9 that is the way to go owners have obligatiions to pay towards the running costs of a complex however less any M/C fees on reasonable grounds of course !!

harryc


Joined: 12/06/2010
Posts: 21

Message Posted:
10/05/2011 10:28

Interesting thread BG and thanks for raising the issue. But can I go back one pace? I know of one large development of which a large section has been all sold and inhabited for over 2 years. The developer 'manages' the site and its maintenance and just squashes any sign of owners getting together to question the management style. So how do such owners get to start on the road to acquiring the right to manage their own property ?



Apologies for butting in.

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
10/05/2011 13:03

Hello Harry

Welcome, this is a major problem on a lot of sites in the TRNC, which is unfortunately overlooked by some when they start to put false accusations in place, if the incomers who have purchased are outweighed by the indiginous populace and investors, you have to wait till everything is in place before you start spouting off or you suffer for years as has been seen already on sites.

The new floor easement law which was recently brought in was not available before, there was an old law but it clearly didnt work as there were never prosecutions from it, however if all the guides of the new law are followed then there should be no future problems.

The company we were using was good and was not overpriced and were doing a good job under very difficult circumstances but couldnt get the money in from those who were set to make trouble no matter the outcome and weve suffered for 2 years now and its getting worse.

honestie


Joined: 22/02/2009
Posts: 468

Message Posted:
10/05/2011 13:24

billybob



will let you know how our prosecutions go under the old law as that is what our solicitors have used and already stated the process so will be intersting to see. We have been told it is favourable so shall wait and find out

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
10/05/2011 16:56

Message 8 you make no sense at all re-read your message please, message 10 you say owners have an obligation to pay towards maintenance costs, is this why you took it upon yourself to not pay ANY fees for the first six months on your tqb site and then only pay some money even though the fees were a lot less than the present m/c are charging for a much lesser service, did this help to improve the site while fighting with the developers to keep to their promises or was it merely that you didnt like the way that your e-mails eventually got ignored like the present company are fed up with you as well (not even an owner)

Do you still have an indoor pool operating ?

Do you still have 3 pools operating ?

Do you have a sauna /steam yet ?

Oh by the way did you know that Lynx Ltd set up the service in the TRNC as a concession much like the FRANCHISE SITUATION that many companies use, think on this ??

Honestie, We wish you well, and hope for a positive outcome for you, genuinely.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
10/05/2011 23:16

Billibob.



Read my post again !! if you want to reap up the past !! ok here goes.



I said owners have an obligation to pay towards running costs of the complex, I did not say they have an obligation to pay MAINTENANCE two different things !! If any owner is not happy with there M/C and do not have a contract as long as they contribute to the running costs of the site they have honoured there obligation.



I do not pay a person like Greg who tries bully boy tactics, provides no detailed accounts, treats me with no respect, and does not understand there position, which was to maintain and work for owners on there investments. Greg was out of his depth and laid the foundations of the trouble we have to day on T/BAY. FACT !!



I blame Greg for taking on a site that was not finished, Greg mislead me and other owners who lived thousand of miles away into thinking the site was finished, asked for maintenance and asked for hand over documents to be signed.



continued !!



C/ont

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
10/05/2011 23:37

My daughter and I flew over for the hand over of my daughters apartment a very exited young lady looking forward to seeing a finished site for what was paid for.



An E-mail was sent to Greg explaining the disapointment of an unfinished site the response from Greg was just a one liner.



The E-mails that we received from Greg was pretty clear he had no idea what a M/C should be doing he had no customer relation skills, the site continued to go downhill, his staff walked out on him and finally he walked off site.



We now have Lynx managing T/B and I speak as I find. Lynx have an upward struggle getting in the maintenance, however Lynx treat all of the owners with respect they are available for any meeting and they answer E-mails within 24 hours, Lynx to me are what management should be they are transparent, and oblige where ever they can. They are trying to work with the acting committee but can only work at a snails pace. Trying to maintain an unfinished site,

c/ont

michelle3012


Joined: 07/11/2008
Posts: 578

Message Posted:
10/05/2011 23:46

Bazzagirl



Your site Sea Vista's has had tenders on it, orginally it was Jepa Estates that were the management co, then in the 2nd year it went to tender and First Consult took it on.



Do you pay your management fees??

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
10/05/2011 23:48

Is no easy task for Lynx but to me they are doing the best they can.

Lynx have inherited an unhappy site and Greg is to blame for laying these foundations.

As I said it is an upward struggle for Lynx and the handfull that come on this board and complain about Lynx have not got the nerve to go see them and discuss there concerns, why ?? because it is just one person and that person uses disguises on this forum.



Billibob that is all from me sleep well !! I know I will .

hodgeliz


Joined: 16/10/2010
Posts: 278

Message Posted:
11/05/2011 00:33

Just to clarify

Post 15 pipie said

I said owners have an obligation to pay towards running costs of the complex, I did not say they have an obligation to pay MAINTENANCE /

I was under the impression, that running costs of a complex were maintenance costs and somewhere along the line pipie you have changed this for your own ends.

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
11/05/2011 01:18

To refresh your memory pipie



http://www.cyprus44.com/forums/12269.asp

http://www.cyprus44.com/forums/13271.asp



Shows that what you have just said is a load of spiteful bolloc*s, the pub were even asking people to pay 6 months after the company took over, and i know for a fact that they gave everybody plenty notice that they were quitting the place, it was even posted on here and on the glencoe board its still there for all members to see, so for you to state the staff all walked out is another downright lie.

I am also going to put up on here the letter you got about the completion it is also gonna give you a howler of a red face

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
11/05/2011 02:40

Date: Thu, 17 Apr 2008 11:51:01 -0700

> From: erkuttamer@yahoo.com

> Subject: Letter of Announcement

> To: abkellis@hotmail.com

>

> (Please regard the attached letter)

>

> E*********R

>

> Project Leader

> YA-HO Properties LTD.

> Hikmet A»a ******** Genç Apt.

> Girne, Mersin 10 TURKEY

> Tel: +90 392 8********

> Fax: +90 392 8********

> E-mail: e********r@yahoo.com

Perhaps you should read the email that was sent to you as dated, 3 months before glencoe took over TQB, its attachment was telling you that the site was finished and your apartment was ready for handover to you and the final payment was due, and the hand over document was signed, it even had photos attached, and you state the below on message 15



*I blame Greg for taking on a site that was not finished, Greg mislead me and other owners who lived thousand of miles away into thinking the site was finished, asked for maintenance and asked for hand over documents to be signed.*

Now who is a liar ?

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/05/2011 06:41

hodgeliz



Contribution to the running costs less management fee if you have SERIOUS disputes with M/C do not pay there fee but continue to honour an obligation to fellow owners by contributing to the cost of the running of the site.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/05/2011 07:18

bazzagirl.



To many site owners like me are persucuted just because they speak out and show they not going to be bullied into accepting an M/C on site who thinks they have the God given right to manage the site treating owners such as me with bully boy tactics and contempt. If you want what is right and you follow TRNC guidelines then fight your corner.



Owners have a right to a legal tender to manage there site. But to do this you have to be organised and you have to be together, this is the hardest thing to achieve, only a few sites have managed this up to now, but pretty soon the word gets round that owners have a legal right to choose an M/C through legal tender.

Hopefully when this happens many more sites will be run fairly but you have to be willing to work together.



To many M/C think that they can sit control and proffiteer big time from your investments and they carry on only because owners let them.

NCMan



Joined: 19/09/2009
Posts: 670

Message Posted:
11/05/2011 07:32

This is getting to much now , it is like two topics of the same nature Boring .

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/05/2011 07:35

Billibob.



Wriggle all you like !! I blame Greg for taking on a site that was not finished and I blame Greg for the problems all on T/B have today !! end of !!

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
11/05/2011 08:39

Pipe nobody has a problem with owners wanting their site run properly, but you have told lies and made defamatory statements on this PUBLIC board they have been proved as lies and can continue to be proved, everything has been kept by those concerned, nobody needs to squirm anywhere except you.

Glencoe were only on the site for 10 months, and in that SHORT time gravelled many areas, planted many plants, which by the way, look really good now, and kept the entrances of PAYING owners clean, they also had FOUR pools up and running, the indoor gym area clean and working, a video & book library on site, internet provision for owners.



The REAL reason that the site is in the mess it is today is the fact that there are still too many non payers & your personal vendetta against Greg has in the past and to the present day fuelled the animosity that is still ongoing, it could all have been so easily sorted but you as you put in message 15

Cont.

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
11/05/2011 08:47

*treats me with no respect, and does not understand there position*



This shows you up for just what you are - a total snob who looks down her nose at others and treats them like dirt, so look inwardly as YOU have many burdens to carry as most of the reasonable and rational people on this and other boards already know and have stated for the record.



I take it you did read through the two old threads in message 20 and note the dates of them, it is amazing that so many were saying that Glencoe were doing a good job less than two months before they gave the site up is it not ?? and we all know how quickly a site can deteriorate when there are no funds available to keep it maintained dont we.



I hope also that the mods noted the very vicious personal attacks that you made

NCMan



Joined: 19/09/2009
Posts: 670

Message Posted:
11/05/2011 09:31

Again Moderators come on i think this purpose has been served.

Pipie


Joined: 05/01/2008
Posts: 5499

Message Posted:
11/05/2011 09:35

NcMan.

You do not have to read this thread. Kindly leave those who wish to read the choice to do so !!

NCMan



Joined: 19/09/2009
Posts: 670

Message Posted:
11/05/2011 09:37

Pipie behave yourself, threads are there to read but no one wants read about you, bickering all the time .

billybob


Joined: 29/03/2008
Posts: 576

Message Posted:
11/05/2011 09:45

OK pipe

How do you answer the fact that you got an e-mail from the developers in April 2008 stating that the DEVELOPMENT was complete and asking for the final payment of your dues and your signature on a handover document at that time as well, THREE FULL MONTHS BEFORE Glencoe took on the maintenance, and yet you clearly state

*I blame Greg for taking on a site that was not finished, Greg mislead me and other owners who lived thousand of miles away into thinking the site was finished, asked for maintenance and asked for hand over documents to be signed.*



Please do just answer this or we will see just who is squirming now.



It also makes me laugh as you have now, and had at the time, relatives living full time on the site who would have been keeping you fully informed.

Now please just answer the question asked in clear and concise terms

simbas



Joined: 16/07/2007
Posts: 5943

Message Posted:
11/05/2011 09:48

This thread is now closed.

Reason : Thread was serving no purpose , it has been ongoing and very repetative , also peoples directly involved in this complex and it's problems are getting personal .

Simbas



Msg 1 , you asked a legitimate question , sorry i had to close it .