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Go Back   Turkish Living Forums > Turkish Property Forum > Estate Agents - A Necessary Evil ??

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Old 14th April 2014, 19:55   #31 (permalink)
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Re: Help, our house sold off illegaly in Yalikavak

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Originally Posted by mrtgroup View Post
Important information about site fee's, non payment and house sale;

Doesn't matter if koparatif or site or single villa. If you have unpaid site fee's the management will or must send at first to your registered turkey address a notification about your debits trough the bailiffs office at the court house.

This letter will be send to you via recorded delivery post. Most times because many owners live abroad of turkey, the post man is leaving the letter with the Muhtar ( the elected head of a village or of a neighborhood within a town or city ) and you have 14 days time to collect your letter.

If you don't collect the letter within the legal time, the delivery will be accepted as delivered. The site manager must also publish at the complex board copy of this letter. If he has done all the steps, you have no choice to complain or protest, and most time you will even never know when the public auction will be.

The property will be sold trough bailiffs office for 1/3 price at the first auction, if noone bids then for 1/2 price of the actuall value. After the sale is completed the site manager receives the owed money from you and transfer the rest to the actual deed holder.

Until here there is notthing illegally done, this is the common way. But if any manager knows you are abroud and doesn't inform you via email, phone then he is handling malicious. After the auction there is 1 week for the owner to protest and if this doesn't happen, the sale is finished.

To avoid such problem i would highly recommend to use a management company to represent you. Within the normal work of the management company is also regular letter collection. This way you could at least be informed about a recorded delivered letter and could use your legal time. But if the property is not on your name or in process of getting transfered, only the owner on the deed can protest against a bailiffs process.
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Old 14th April 2014, 20:28   #32 (permalink)
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Re: Help, our house sold off illegaly in Yalikavak

But is this procedure not governed by what is actually said in the Management Plan to the extent that it varies the Condominium law , article 20 of which says inter alia
Quote:
Legal action and execution proceedings may be taken against condominium owners who fail to pay their share of expenses and advance payments,by each condominium owner or by the manager, according to the management plan, this law and general legislation. Condominium owner who did not pay all of his expenditure or advance share is liable to pay delay compensation calculated by monthly five percent delay interest for the delayed days.(1)
In our site this can only occur by agreement of the owners at the AGM, and yes we have invoked once and the debt was paid very quickly
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Old 14th April 2014, 20:49   #33 (permalink)
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Re: Help, our house sold off illegaly in Yalikavak

In the power of attorney which the manager received, must be clearly written that he can start legal process for collecting unpaid fee's, that he can hire a lawyer and others. My information was only to inform you how stupid and easy the system works and that you can't do anything after the 14 days legal time is exceeded to answer a letter from the bailiffs execution office.
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Old 14th April 2014, 20:58   #34 (permalink)
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Re: Help, our house sold off illegaly in Yalikavak

Also the new flatownership law article 25 is very important; as i don't know the story completly i am just giving information to understand how important it is that your post is getting regular checked and that you are informed on time. You can always protest against such matters, but must be on time!

VIII. COMPULSORY TRANSFER OF CONDOMINIUM OWNERSHIP

ARTICLE 25- If any of the apartment owners keep violating the other owners’ rights with their persistence in not paying for their debts nor complying with the terms , the other owners have the right to demand from the judge the transfer of that particular owner’s ownership rights on the independent part that he owns.

Filing an action against such an apartment owner for paying the value of property of independent division at the nearest date to the resolution to him / her and transferring the ownership rights to other apartment owners proportionally with their building plot shares is possible. This is only possible if the other apartment owners agree to a majority resolution by number and building plot share, unless otherwise has been previously anticipated. If majority votes are not received then the suit is filed by the rest of the apartment owners and the judge, before s/he passes a decision, an appropriate time is given to the claimants to pay the transfer value in a three-month time deposit bank account for payment to the right owner in the future and to submit the receipt.

When the document as per this payment is submitted and in case of the acceptance of law suit the judge adjudicates to transfer the ownership of
independent division of respondent to claimant apartment owners in proportion to their land shares and to pay the transfer value and its accrued interest to respondent.

Below are situations which are considered as the unbearable violation of claimant owners’ rights as indicated in the clause 1 of the law.

1. the apartment owner’s being taken to the enforcement office three times within a period of 24 months due to his overdue debts,

2. despite the judge’s decision , on the basis of Article 33, the defendant owner’s resistance of paying of his debts, and therefore, his continual violation of other owners’ rights in this respect,

3. The defendant owner’s violation of ethical and moral rules by using his independent part of the property as a bawdy house. If the right to file a lawsuit in this article is not used within six months from the date in which the decision of the apartment owners to file lawsuit regarding transfer of ownership is made and within five years from the point when a right to file lawsuit may arise or if the reason of lawsuit has disappeared, then the action is dismissed.
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