Homebuyers can spend months
looking for the right development in the right place at the right price. Once
the search is over though, they often spend little or no time in researching
property details that could affect every day of their lives in their new home.
This can turn out to be a very expensive mistake, as any person who buys a property
needs to identify not only its condition but also the ownership regulations
to avoid potentially nasty shocks. A person who pays an average of $70,000 for
a home needs to know his rights, limits and duties with respect to such a deal
- especially if the family dog is indispensable in a building that forbids pets.
Enforcing
ownership regulations
The real estate contract to be signed between buyer and seller includes an article
that binds the new resident to the articles of the building's ownership regulations.
Their enforcement is administered through a building committee established according
to those same regulations. The main aim of this body is to bring together the
residents of a building to discuss common issues related to the overall project,
to organize and fund maintenance, and to resolve disputes. The tasks the committee
handles are matters such as electricity, back-up generators, gardens, maintenance,
cleaning, and other details that keep the building in good condition.
Electing
a president
The holder of the biggest number of shares in the block, whose identity is defined
in the records of ownership regulations, is entitled to invite the other shareholders
to the first general meeting, which is held mainly to elect a president and
a committee. Very often the developer will take the initiative in helping to
form the first building committee. Some articles concerning this process stipulate
that the meeting be held on the premises of the project and that notification
be made ten days before the specified date. The identity of the newly formed
committee and its head may be registered at the property department, which is
part of the property court, to give it legal status. This costs around LL30,000
per signature per owner, and provides the committee with the right to act on
behalf of all owners, or to take legal action against an individual owner if
the need arises. In practice, this step is very often ignored.
Who
pays what?
The contribution made by each owner toward the general maintenance expenses,
normally depends on the nature of the expense and the percentage of shares specified
for each unit in the ownership regulations. Sometimes just one owner benefits
from an item of expenditure. In such a case, the ownership regulations may specify
that other owners need not share the cost. Lower floors may have fewer shares
than those at the top and consequently pay a smaller percentage toward shared
expenses. This is justified, for example, by saying that a ground-floor owner
makes little or no use of the elevator.
However, this is not necessarily the situation in every case and increasingly,
for simplicity's sake, shares are divided equally. At one project in Deek El
Mehdi, there is a mathematical formula to allot a proportion of communal expenses.
In Block C, the total expense is said to be the equivalent of 1,000 units. Eight
apartment-owners each have responsibility for 111 of those units. The remaining
112 are held by the owner of a warehouse. In Block D, a completely different
set of calculations has been made to apportion responsibility for maintenance
and repairs. Here, the same nominal 1,000 units are divided with the owner of
the top floor paying 153, and the apartments below being responsible for the
rest equally.
Levying
taxes
The president of a building may levy regular payments in advance to cover general
or emergency expenses if the ownership regulations permit. This saves the president
from perpetually following the owners around asking for payment. The ownership
regulation of a building in Antelias states that the head of the committee is
entitled to carry only a certain sum of cash - usually specified by the committee.
The remaining amount collected is deposited in a bank account under the committee's
name and may require a single signature to withdraw it, or any number of the
members, up to the entire committee.
How
much per month?
The levied amount varies according to the cost of regular expenses and the number
of residents in the building. Twelve owners of one project in Jal El Dib pay
$20 per month for costs of electricity in the corridors, the elevator, fuel
for the generator, and so on. The same services cost the 10 residents of a Zalka
project $50 per month, although they get a watchman and a garden thrown in as
well. They also have the benefit of continuity at their meetings - the same
man has been president of the building committee for the past 15 years.
When
problems arise
But good intentions often fade where financial issues are involved. Money is
one of the basic factors that generate or resolve disputes. According to a survey
published by the Central Bureau of Statistics, 60.9 percent of families earn
less than $800 per month. Where does this fact place building committee expenditure?
Definitely not a priority. Installing a door for the parking area is set to
cost the committee of a building in Zalka $1,100. This means that each resident
of the 22 units will have to pay $50.
While one resident found this an unacceptable burden, her neighbor was asking
for a more expensive door with remote control. Yet another resident considered
$1,100 too expensive, claiming that a door should not cost more than $800.
So what was the outcome? The remote control suggestion was not even considered.
The person who lobbed in the $800 'estimate' failed to follow up and provide
evidence of his belief and the question is in limbo. What is certain is that
if there is going to be a door, no one save the residents themselves will be
paying for it.
On the other side of the coin, each of the 10 residents of the Chartouni building
in Dhour Zalka agreed without a murmur to pay their share of an agreed $2,000
to stock a garden round their building. However, in yet another building, three
of its nine residents are asking for a watchman, three more are opposed, and
the remaining three appear not to care because they are not living in their
apartments. Every time the first group hires someone, the second group fires
him. One of the third group noted that the building seemed to remain intact
without a watchman.
Extreme
measures
Sometimes good intentions do a complete disappearing act when it comes to solving
a problem, especially if one owner refuses to pay his share of the general expenses.
However, pressure can be brought to bear on the recalcitrant.
It is part of the function of the president of the committee to send a first
notice to the non-payer. If this does not work and the person still refuses
to cooperate, the president can present the case in court and get a legal ruling.
The results, though, can be mixed. One shareholder's possessions were sold at
auction to retrieve the money for his unpaid bills. Feeling the heat of impending
legal action, one owner rationalized and finally paid his dues after receiving
three written warnings.