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Old 5th September 2016, 09:15   #1 (permalink)
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Seeking advice

Hi guys, looking for advice, if anyone can help.
We are a complex of 3 blocks and for years one of the owners (Turkish) did the maintenance, 60 tl a month, no problem, suited us all.
Last year he left and unknown to us a new committee was set up, and much more has been done to the complex, all good, showers and toilets by the pool etc, although none of us English owners have been notified or involved.

We have not been out for a year until now, and found a notice on the board saying we owe 4100tl for a new roof.
We had heard talk of putting a roof on as ours only have felt roofs, so although annoyed we had not been consulted again no problem.

On our front door we had 2 stickers from the ptt, not understanding what they said, we took them with us when we went to the emlak to put our property on the market.
All was going well until we asked the emlak what they were and he said it was very serious as they had put a charge on our property for the roof money. He would now not market our property until this was sorted.

Since then have been running around like headless chickens, the ptt no longer have the summons said it was returned to sender and we will have to go to court.

Really don't know what to do next, so pissed off that they didn't notify us or give us a chance to pay before summonses us.
Don't really want to incur more costs by seeing a solicitor unless we have too, and now only have this week to do anything before Bayram.

Hope someone can offer some advice

Sue
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Old 5th September 2016, 09:53   #2 (permalink)
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Re: Seeking advice

Definitely consult a solicitor as this could save you money in the long run. Sorry you've arrived to such crazy problems. Hope you can get it sorted quickly.


Just had a thought. The paperwork which the PTT were trying to deliver will probably with your local muhtar. Go and see him and then you can find out what is actually happening.

Last edited by LauraB; 5th September 2016 at 09:59.. Reason: Added a sentence
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Old 5th September 2016, 12:11   #3 (permalink)
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Re: Seeking advice

Normally they have to try everything to notify you at your home address [did they have it ] Or they get your Registered UK address from deeds office [do they have it ] ??.If NO to both ,then yes the stickers go on the Turk address.
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Old 5th September 2016, 13:11   #4 (permalink)
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Re: Seeking advice

Quote:
Originally Posted by sue & james View Post
Hi guys, looking for advice, if anyone can help.
We are a complex of 3 blocks and for years one of the owners (Turkish) did the maintenance, 60 tl a month, no problem, suited us all.
Last year he left and unknown to us a new committee was set up, and much more has been done to the complex, all good, showers and toilets by the pool etc, although none of us English owners have been notified or involved.

We have not been out for a year until now, and found a notice on the board saying we owe 4100tl for a new roof.
We had heard talk of putting a roof on as ours only have felt roofs, so although annoyed we had not been consulted again no problem.

On our front door we had 2 stickers from the ptt, not understanding what they said, we took them with us when we went to the emlak to put our property on the market.
All was going well until we asked the emlak what they were and he said it was very serious as they had put a charge on our property for the roof money. He would now not market our property until this was sorted.

Since then have been running around like headless chickens, the ptt no longer have the summons said it was returned to sender and we will have to go to court.

Really don't know what to do next, so pissed off that they didn't notify us or give us a chance to pay before summonses us.
Don't really want to incur more costs by seeing a solicitor unless we have too, and now only have this week to do anything before Bayram.

Hope someone can offer some advice

Sue
Hi Sue, the place to start is with the local Muhtar, he should have the notification (or copy?) of what was sent to you. You'll need the help of a trusted Turkish speaking friend with a bit of nouse or, an official translator to go to the Court with you. I had a similar problem when the ex-landowner lodged a case against me accusing me of Renting my Own apartment.... I was lucky that a friend was keeping an eye on the property for me & saw that 'something official' had been stuck to the door, it was no doubt removed by ex-landowner who lives upstairs..... He had No evidence of his accusation, rental contract etc, they should never have accepted the case but £££ in a brown envelope as we know gets so many jobs done in Turkey!

I met with the Judge who was very helpful, rather surprised when I showed him my purchase contract & proof of payments, I obtained copies of all the paperwork lodged, I was advised I had to "get a Lawyer", big expensive mistake for a 1st move. In hindsight what I should have done was get 'my Turkish helper' to talk with the family first & explain what the Judge had told us, - no case - I won that round but at too high a cost financially & emotionally

I don't know that much about Complex committee's but I'm sure they need to have & abide by legally laid down rules about initial formation, voting committee members onto a board, making decisions on financials, what's spent & where & who can spend it. If you don't know already you'll need to find out who the 'head honcho' is & get a copy of their articles of incorporation (or whatever it's called). They should be using an official Notary or Lawyer administer the finances & management of the complex.

Good luck, hope you get it sorted soon, it doesn't sound like they've followed the proper procedures at all.... Maybe someone trying to get a cheap property at auction!
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Old 5th September 2016, 16:17   #5 (permalink)
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Re: Seeking advice

I read this recommendation on facebook and have kept it for a rainy day .....

Go and see Sule Beder in Calis, brilliant Lawyer, perfect English, deals with land and Tapu matters, has contacts everywhere. Her telephone number is 6134144. Mob. 05383451605"

Best of luck, hope you sort it!
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Old 5th September 2016, 16:45   #6 (permalink)
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Re: Seeking advice

Question: do you think the new committee are trying to pull a fast one and hope you just pay up without asking any questions, such as being able to look at both the bill for the said roof or/and a copy of the quote/estimate for the work, then you can see if the cost has been divided equally amongst all the properties.
Not forgetting quotes for all the other work, as a owner you would be entitled to see them.

Also you may want to check out the law/rule on who is actually responsible for the roof and you may find repairs to the roof are actually the responsibility of who ever owns the top most apartments.
I'm not saying you may not want to pay your share along with everyone else, but the law is the law.

Then comes the question of not being notified, Condominium law states you must be notified in writing of any up-coming meeting such as EGM & GMs and certainly where voting a new committee is concerned, you could argue the committee is invalid and had no authority to authorise the work if you can show that they did not notify you at your given address, although, even though you may not have been in Turkey you need to find out if it was acceptable to send the notification to your holiday home in the knowledge of you not being there.
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Old 5th September 2016, 18:33   #7 (permalink)
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Re: Seeking advice

I second Sule Beder as being exceptional. She doesn't come cheap but on the other hand she definitely won't take on work just to make money. She will do exactly what she says she will do. I am sure it would be worth having a short appointment with her.
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Old 5th September 2016, 20:35   #8 (permalink)
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Re: Seeking advice

Thank you all so much for your advice.
We have a meeting tomorrow with a guy who sorted it out for one of the other English owners.
In the meantime we have been trying to trace the document that was originally posted, been to the mayors office and he doesn't have them.
We then got sent to what I think was a court office,they have given us a court number and a bill for 2550 tl to pay into the bank.
What we are unclear of is this just the court costs, as the amount for the roof was 4100tl, and this will still be outstanding.

I realise that seeing a solicitor would be our best bet, but this is just escalating our costs, for what could have been a simple payment for the roof.
The owners (2) who are in charge of the committee are not here at the moment, and all we want to do is pay our debt and put the property on the market.
Whether what they have done is legal or not, I don't know, but I wonder how they could have done this if not.

Thanks again for you replies and pm's, I do appreciate your help.
Will update you tomorrow.

Sue
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Old 5th September 2016, 21:19   #9 (permalink)
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Re: Seeking advice

Talk to your site manager. Almost certainly he will have claimed the debt through the bailiff’s office and the document sent to you will have been a bailiffs notice stating the debt and interest due at the time the notice was raised. In theory you had 7 days from receipt of the notice to either pay the debt or lodge a written objection. Once a bailiffs notice has been served, you should only pay the debt to the bailiffs office - not the site manager.
Next (together with a Turkish speaker) go to the Bailiffs office and they will tell you the state of play. If it’s still in the hands of the Bailiffs ask them to print an up to date statement and pay them. Be aware, 5% monthly interest charges and Bailiffs 10% charges are added.
If due to the passage of time a court order has been applied for, then you will need the help of a solicitor to sort matters out.

Good luck
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Old 6th September 2016, 16:59   #10 (permalink)
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Re: Seeking advice

Thank you all so much for your sound advice, this is TLF at its best.

For those interested this is an update as I have always found it slightly annoying when someone comes on here for advice and you never hear from then again with a thank you or outcome.

Basically, as Jearden above has said it was in the hands of the balliffs.
The 2000tl was what we were being "sued" for, the rest were charges.
What I failed to mention before was the lifts and outside drainage as well as the roof was included in the original 4100tl costs.
As the lift and drainage work had already been carried out, this is why they put this to the balliff.
The guy who helped us today sorted out the balliff for us, made sure there was nothing showing on our tapu, and also spoke to our maintainance company.
Everything has now been paid including the roof money, and we have all the receipts and documents.
It was fortunate that we paid now as we would have found ourselves in the same situation next year as the work starts on the roof at the end of this month.

I don't believe for one minute that the committee have been above board on all their dealings.
I do blame ourselves in lots of ways because with some time and effort we should be challenging them, sadly though when you only come out for 2 or 4 weeks a year, you have neither.

We will now put the apartment on the market, and although we will be sad to see it go, this has just reiterated that now is the time.

I don't deal with stress very well and in my book everything has to be black or white, sadly there are a lot of grey areas here, my problem has been small fry to what many have been through out here, and my heart goes out to you, and thank you for still trying to help others.

Cheers guys
Sue
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