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Old 20th August 2013, 16:42   #1 (permalink)
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Roof problem

I have owned my property for 8 years. It is in a block of 16 apartments.

The roof has been leaking ever since we built these apartments, we asked the builder to repair it, but he did nothing and the whole roof now needs replacing. We had a 10 year guarantee, but the builder says he is not responsible and a few years back, changed the name of his company, so therefore says he is not liable. We do not think we will ever get anything out of him, and we know that we are going to have to pay for it, but it is extremely difficult to get all 16 owners to part with the money, at the moment we have about half of the owners willing to pay, but it's almost impossible to make contact with the Turkish owners living there, and for all of us owners to be there at the same time.

So if anyone out there has any ideas how we can solve this problem, I would be most grateful if you could let me know.

Many thanks



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Subject: Fw:
SUMMER BLOK TOPLANTI ÇAĞRISI
YÖNETİM TOPLANTISI 2 EYLÜL 2013 TARİHİNDE SUMMER BLOK TA SAAT 17.00 DE YAPILACAKTIR.
GÜNDEM :
ESKİ YÖNETİMİN İBRASI
YENİ YÖNETİMİN SEÇİLMESİ
APARTMANIN ÇATISININ YENİLENMESİ VE APARTMANIN BOYASININ YAPILMASI
AİDATLARIN TESPİTİ
APARTMANDA YAPILMASI İSTENEN BAŞKA İŞLERİNİN YAPILMASI
DİLEK VE TEMENNİLER
ESKİ YÖNETİM(YÖNETİCİ) TEKRAR ADAY OLMAYACAĞINI APARTMAN SAKİNLERİNE ŞİFAHİ OLARAK BİLDİRMİŞ OLUP, BELİRLENEN GÜN VE SAATTE YETERLİ ÇOĞUNLMAMASI HALİNDE* BİR HAFTA SONRA YENİDEN TOPLANTI OLACAKTyou would let me know.
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grahamdady (21st August 2013)
Old 20th August 2013, 18:44   #2 (permalink)
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Re: Roof problem

All owners are equally liable for the common parts including the cost of maintenance and the roof is identified as such in the Condominium Law.

Are you the manager if so follow the procedures in the Law and your Management Plan which can ultimately include auctioning off the properties of the defaulters; usually a lawyers letter is sufficient.

Last edited by Chinook; 20th August 2013 at 18:47..
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Old 21st August 2013, 14:02   #3 (permalink)
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Re: Roof problem

Thank you, I think we will have to get a lawyer involved, otherwise it won't get done at all.
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Old 21st August 2013, 14:46   #4 (permalink)
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Re: Roof problem

I think you will struggle to get everyone to pay
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Old 21st August 2013, 19:53   #5 (permalink)
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Re: Roof problem

Quote:
Originally Posted by littlereddevil View Post
I think you will struggle to get everyone to pay
Article 20 of the Condominium Law gives the management strong powers of enforcement and recovery of monies owed including ultimately seizing and auctioning off the property to recover the debt . At the cost of a solicitors letter our site has used the threat of this to get monies owed by one of the owners.


Quote:
c) Condominium owners may not refrain from paying his share of expenses and advance payments by desisting from his right to use the common premises or installations or that he does not need to benefit from the same because of the situation of his independent division.
(Amended : 13/4/1983 - 2814/art.9) 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)
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