The legal clarifications - July 31st 2019

Below is the communication from Michael Mantis of Mantis and Athinodorou which finally
provides answers to the questions Zenon put to them after the AGM held on May 23rd. The
original questions have been merged into the reply in ​blue italics​ to make it easier to follow.

Dear sir,

RE: Our reference: Z2810

Zephyros Committee

I received your e-mail.

My replies are as follows:

1. Can a member of the committee be a non- owner who is renting a property at Zephyros? If
so, can this person be the administrator?

1.​ I​ n my opinion owners and long term tenants (provided that they are the ones responsible
for the payment of common expenses) can be members of committees.

2. Can a person not being an owner and not a resident be a member of the committee or the
administrator?

2.​ I​ do not understand what you mean by administrator. If you mean employee, yes. It is like
all the other people you hire the services.

If you mean member of the committee and in this capacity to put in force the decisions of the
committee, the reply is yes if again it is a long term tenant. However, it is not the best
scenario as tenants can vacate or have an argument with the landlord. It is always better that
committee positions are held by owners

3. Clause 15 states that at the general meeting (every May), the owners select a committee. I
interpret this as in every General meeting a committee is elected or reelected. Is this correct?

3.​ Y
​ es, the committee can be elected or re-elected (if no other interest)

4. Clause 16 (A) states that at a general meeting 51% of the owners "dismiss" the Administrator
or a member of the committee. This contradicts 3. above. Should it be that a request for
re-election by an existing committee member and if so elected by the owners then continuous to
be a committee member? OR is it as per clause 17 where at each Annual General Meeting "the
members of the committee may individually submit their resignations or submit their names for
re-election". What happens when a member of the committee is no longer an owner but just
rents a place in Zephyros.

4.​ ​The dismissal may be at a General meeting which is held before the annual meeting at any
time the owners consider it necessary. The owners found that the Committee is embezzaling
funds and they want to dismiss them before the period of one year has lapse. They can have a
General meeting and dismiss the existing committee.

5. Clause 16 (A) states further " in case such member is no longer an owner". Does this mean
when an owner is a member of the committee and sells his/her property then ceases to be a
member of the committee or an Administrator?

5.​ Y
​ ES

6. In order for someone to vote in the place of an owner, does he/she need a Power of Attorney
OR just a written Notice. Is an email a written notice? Can this person with a POA or a written
notice vote and be voted?

6.​ ​They must have written authorisation with the signature of the owner. It must be original
to be in accordance with the law. If you wish it can be amended to include electronic copy.

​7. Do owners need to be present in the AGM to either elect or be elected. Can an owner be
elected without being present in the AGM?

7.​ H
​ ow can someone run for a position if they are not present to file for the candidacy?

Kind regards,

MICHALIS MANTIS
MANTIS & ATHINODOROU LLC
Advocates