Questionnaire Sent to Major Real Estate Developers in Batumi
Dear ________ team,
I am the owner of two residential apartments in Batumi, on the sixteenth floor of the Next White complex. Title to these apartments is registered in the Public Registry without encumbrance, and with them I am a co-owner of the building's common property.
I am also the author of a public service announcement for investors in Batumi (https://next-dossier.ar.io/en/page/psa-batumi.html). I wrote it after a dispute with Next Group, which I have described, with the evidence, here: https://next-dossier.ar.io/, and about which I have filed complaints with the Public Defender and the Prosecutor's Office. In short, Next:
(a) installed an access control system on our elevators without the owners' consent and does not give owners access to the residential floors until they sign a document containing a waiver of claims and pay a debt that, according to Next, they owe;
(b) in my case, bases this claim of debt on two falsified contracts, which I refused to sign despite coercion;
(c) does not recognize the rights of the co-owners of the common property established by the Law of Georgia on Homeowners' Associations.
I am interviewing local developers to establish what the actual practice in the Batumi real estate market is and to what extent Next Group's conduct is an exception.
Your answers will be published in full and without editing, together with the answers of other developers. They will be translated into English, Georgian, Russian and Portuguese, and each translation will carry a translator's note marking it as a translation, unless you provide your own translation. If I receive no answer by November 4, 2026, that too will be published. You may answer in any of these four languages.
Management and homeowners' association
- Are buyers required to sign a contract with the management company? Is this a condition of the purchase, of the handover of the apartment or of access to it?
- Who manages the common property: the company or the homeowners' association? If the association, is this done through an elected chairperson, a charter or management by the owners in turn?
- Who sets the service fee, by what procedure, and do owners receive an account of the expenses?
- How do you collect the fee from owners who do not pay: through the courts, by registering the debt against the apartment, by restricting access to the elevators or utilities, or otherwise?
Documents and title
- Which documents does an owner have to sign after the purchase, and what obligations do they create?
- Does any of these documents, including the act of handover or a receipt, contain a clause that the parties have no claims against each other, or otherwise provide for a waiver of claims?
- Is any obligation of the owners registered against their property in the Public Registry?
- If no obligation is registered against an owner's property and the Public Registry extract states "Type of ownership of the plot: co-ownership", do you consider that owner bound to obey the rules of your buildings and to pay the fee? Will you respect their rights under the Law of Georgia on Homeowners' Associations, in particular the right to use the common property and to consent to any change to the elevators?
Legal status
- Do your companies or buildings have tourist enterprise status? If so, what obligations (if any) does this status impose on individual owners, and on the basis of which legal provision?
Renovation and access
- Do you charge owners for using the elevators during renovation or for access to already installed utility meters? If so, how much and on what basis?
- Do your buildings have rules, for example a ban on renovation during the tourist season? Who adopted these rules, and how are they enforced?
- Are access control systems installed or planned on the elevators? If so, for what purpose, and how is the owners' consent obtained?
- Please list every fee and charge an owner will have to pay after buying one of your apartments.
Respectfully,
Luís Fernando Schultz Xavier da Silveira
lfsxs@mailbox.org