Maintenance fee monthly, annual, GBP payable by Owner

Payable periodically in accordance with the Payment Period and in advance.

The Maintenance Fee can be revised subject to the changing conditions and informed to the Owner by way of written notice sent to the email address specified above as the legal delivery address. The Owner hereby accepts to pay the notified maintenance fee from the date that it is applicable.

This Maintenance Fee will be fixed and constant till 31.12.2026.

This Maintenance agreement shall be renewed by itself and shall be valid throughout the ownership of the Owner and the OWNER hereby agrees to pay the applicable maintenance fees and other fees as published officially on the website of the Maintenance Company on the site https://www.afikgroup.com/maintenance. If deemed necessary by the Maintenance company due to the changing conditions or by any other means, the Maintenance company has the right to terminate this agreement by sending a legal notice to the legal delivery address of the Owner and to require the OWNER to sign the new agreement with the new terms and/or conditions and the OWNER hereby accepts to sign the applicable and valid maintenance agreement and/or to pay all the applicable fees and payments.

RIGHTS AND OBLIGATIONS OF THE OWNER

The Owner covenants for himself and his heirs and his successors in title that:

• The Owner shall be responsible for paying the Maintenance Fee in advance. The Maintenance Fee for the remaining part of the first calendar Payment Period of Maintenance Services shall be payable in full on the date of this Agreement.
• The Maintenance Fee for each subsequent Payment Period shall be paid in full within 14 (fourteen) days from the starting of the Payment Period without any prior notice.
• The Owner shall be responsible for paying his/her share of the Float as stated in the clause #1. The Owner should pay his/her part of the total Float amount within 14 days from the date of notice. In case the OWNER chooses to pay by monthly instalment but is in breach of successful monthly payments, then the outstanding debt becomes due and the OWNER has to pay the outstanding amount and shall not be eligible to choose monthly payments for the other periods and shall be obliged to make yearly payments only.
  
  If the Owner fails to make payment of the Maintenance Fee or share of the Float on time and in accordance with this terms of this Agreement and/or if the Owner fails to pay the cost of repairing any damage caused by the negligent or wilful act of the Owner a guest and/or a tenant and/or a licensee of the Owner, or in the event that the Owner fails in any way to comply with the terms of this Agreement, the Maintenance Company shall be entitled to withhold the Maintenance Services and/or to charge a penalty of £15 GBP (Fifteen British Pounds) per month for each month of delay from the expiry of the 14(fourteen) day period until payment is made. These penalties are in addition to and without prejudice to the Maintenance Company’s other legal rights and remedies to take legal action against the Owner to recover compensation, interest and legal and administrative costs. In any case the Maintenance Company shall have the right to bring legal claim against the Owner to claim any of the above without giving any notice to the Owner.
• The water supply of the whole site and the management of this will be provided by the Maintenance Company, in applicable Resorts and/or Projects. In such a case, each owner will be able to buy the water credit in the reception office for the own usage in the apartment.
• The Owner shall be entitled to reasonably allow tenants to use the Communal Areas with the condition that tenants will reside on the site and Maintenance Company will be informed upfront on the tenant details such as name/last name and apartment number. However, the Owner shall be responsible for ensuring that tenants comply with the terms of this Agreement relating to the use of the Communal Areas. The Owner shall be responsible for the cost of repairing any damage to any part of the Communal Areas caused by the negligent or wilful act of the tenant.
• The Owner, after receiving the individual title deed of the property, on a possible resale deal and/or on the rentals will be under a responsibility to provide the names/ personal details /addresses and the clean record documents of the new possessors to the Maintenance Company due to the safety & control of the site. Provided that the details are not provided, the Maintenance Company retains the right not to provide water services and/or not to allow the new comers to use the Resort facilities and/or not to allow the entrance to the Caesar Resort until these conditions are satisfied.
• The Owner will keep his/her Apartment at all times in a good state of repair and condition. The OWNER is responsible to keep the outside of the property in perfect state as handed over to them by the VENDOR. The OWNER agrees and undertakes to carry out any repair or renovation or any other kind of need to keep the external appearance and order of the exteriors. Otherwise, the OWNER shall be notified by the VENDOR and if the OWNER still fails to comply, then the VENDOR shall have the right to charge XX penalty for each month until the repair is done.
• The Owner will not decorate the exterior of the Apartment nor any exterior doors or shutters except with a colour scheme previously approved by the Maintenance Company. It is forbidden to change the shape of the balcony without the upfront consent of the Maintenance Company. In case the Owner will not comply with this clause, the Maintenance Company will send a notice to the Owner to remove this in one week time. If not followed by the Owner, the penalty equal to 500 GBP will be invoiced to the Owner. If the Owner still do not comply with this clause, the Company shall be entitled to charge 500.-GBP fine every month until the Owner complies.
• The Owner will not alter, interfere with, damage, misuse, and any part of the Communal Areas unless expressly authorised.
• The Owner will not alter or cut into any structural parts supporting the Apartment.
• All air conditioning units must be installed within the Maintenance Company guidelines, failure do so may lead to the unit being removed at the Owner expense.
• The Owner will not use the Apartment otherwise than as a single household.
• The Owner will not use the Apartment in a manner which may be or become or cause a nuisance, annoyance, disturbance, inconvenience, injury or damage to the Maintenance Company or any other person nor in contravention of any applicable law.
• To ensure the efficient running of the sewage system and to adhere to the management instruction plan for the system, please do not flush toilet paper and sanitary products down the toilets.
• The Owner will procure that any other occupier or user of the Apartment shall observe the provisions of this Agreement.
• The Owner shall be under the full responsibility to insure his/her property according to TRNC law. In the absence of such 3rd party liability, the Owner is fully responsible for any harm and damage caused and shall compensate any damage that is caused to a 3rd party and/or to the site (represented by the VENDOR in the sale agreement.).
• The safety of themselves and their tenants and the Homeowner releases the Maintenance Company from any liability and holds the Maintenance Company harmless.
• The Owner will pay and indemnify the Maintenance Company against all liability, costs, fees, charges, disbursements and expenses connected with any breach by the Owner of this Agreement together with interest on any sum unpaid on the due date for payment.
• The owner agrees to follow housing standards enlisted in The Housing Standards and Commitment Letter. Please see Appendix 1.
• The OWNER shall be responsible to compensate fully any damage incurred to any other property and/or owner and/or Maintenance Company and/or Vendor of the Properties caused by the acts or omission of the OWNER. In case the Maintenance Company and/or the VENDOR is subject to any claims from third parties caused by the acts or omissions of the OWNER, then the OWNER hereby accepts to indemnify and/or compensate the VENDOR and/or Maintenance Company fully.
• The OWNER hereby accepts to insure the property fully and hereby accepts to renew this insurance to be valid all the time.
• The OWNER hereby accepts to take any water/electricity meter and/or any expenses on his/her name and hereby accepts to be fully responsible for payment of any water/electricity or any kind of fees and/or bills from the date of handover. The Maintenance Company is not responsible for payment of any fees or utility bills from the date of handover and in case the Maintenance company pays any amount that is under the responsibility of the Owner, the Owner hereby accepts to fully compensate the Maintenance Company.
• The OWNER hereby accepts that that the OWNER has legal obligations under the law 35/2010 KAT MULKIYETI VE KAT IRTIFAKI YASASI and all applicable law and regulations applicable in TRNC and the OWNER shall be obliged to make necessary and/or legally applicable payments and/or contributions towards common areas and/or any area necessary under any applicable laws and due to the obligations under this maintenance agreement and/or contract of sale.

RIGHTS AND OBLIGATIONS OF THE MAINTENANCE COMPANY

• Subject to the Owners paying the Maintenance Fee in accordance with this Agreement, The Maintenance Company shall provide the Maintenance Services to the Communal Areas. However, the Maintenance Company shall have no liability to the Owner for interruption to any facility in the Communal Areas for reasons of maintenance or repair or other works or for failure to carry out its duties for any reasons outside of its control.
• In case of non-payment for the Maintenance Fee by the Owner in a due time, the Maintenance department have the right to suspend for the Owner all the services and facility access in the maintained areas.
• The Maintenance Company shall carry out an annual control of the Communal Areas to highlight any areas which need repair and shall arrange for those repairs to be carried out as soon as is reasonably practicable.
• The Maintenance Company shall have the right at any time to sub-contract any of its obligations under this Agreement and/or to assign part or all its rights and obligations under this Agreement.
• The Owner uses the Communal Areas at its own risk and the Maintenance Company shall not be responsible for any harm, damage or loss caused to the person or property of the Owner and/or the Owners’ guests and/or tenants and/or licensees unless such harm, damage or loss shall be the direct result of the negligence of the Maintenance Company.
• The security services will be provided at the main entrance gates and/or at the communal areas. Whereas, the Owners and/or their guests shall be under a duty to declare their identities and the purpose of visit if required by the Maintenance Company due to health, safety and legal control.
• The Maintenance Company have no liability to the loss, theft or damage to the Owner’s property, vehicles or any personal items.

PROHIBITIONS:

Pets

• Pets are not allowed on communal areas and/or on the facility areas i.e., restaurants, pool sides.
• Any pet that is not well cared & allowed to bark & harm clients shall not stay within the resort.
• Due to the health and safety reasons the pet carers and/or owners that fails to clean and tidy the feces (i.e. poo, pee) or any other dirt that their pets are causing shall be liable to pay 50 GBP fine to the Maintenance Company.
• Any pet living in the resort in individual apartments need to be registered and vaccinated and should be kept in good and safe position and the VENDOR shall have the right to take out any pet out of the resort in case of any breach of this article

Pool & Shower

• In common showers next to the pools & beach; shampoo & soap & any other chemicals are not allowed to be used.
• No cloth washing is allowed.
• Water cannot be carried with any method from sea or pools for cleaning or shower purposes.
• Swimming suits are strictly required whilst using sea & pools.
• In the event that the pool becomes contaminated through the fault of the user, as a result of which the pool requires closure and the application of cleaning measures for disinfection, a fine equal to the cost of the cleaning will be issued to the resident.
• In case of any breach of any of these articles, then the OWNER shall be liable to pay 50 GBP penalty to the Maintenance Company

Food

• Only the foods and beverages taken from the Resort Restaurants can be consumed on the pool side. No glass/glassware beverages are allowed to be taken to the pool side due to the safety reasons.
• Foods ordered from outside shall only be consumed at the food corner (barbecue area).
• BBQ at the apartments and/or balconies are not allowed.
• In case of any breach of any of these articles, then the OWNER shall be liable to pay 50 GBP penalty to the Maintenance Company

The Owner and/or their guests and/or appointed legal possessors hereby understands and agrees with the prohibitions stated above and further agrees to pay any possible fine and/or follow the orders and restrictions applicable due to any breach.