jeff

We have a problem with our complex management. The guy who managed the complex has disappeared with the accounts and the current committee chairman is the builder who still owns 3 properties but has not paid any maintenance fees for about a year. We are about to hold an EGM to install a new chairman and a new complex management team. However, I have now been told that the new chairman has to be turkish or at least have Turkish residency. Does anybody know if this is correct? Can't we have a UK chairman and give our new complex manager power of attorney or perhaps best for the complex manager to be chairman? Has anybody else had this problem? Once we get the new chairman/management team in place the next task is to try and recover some of the money we have lost but that is another problem............

biggles

that sounds rubbish to me as our chairman lives in england along with the rest of our commitee.

jeff

Well that may be ok if you are not having to deal with the management company running off and the builder chairman not paying fees and the non resident owners being left high and dry with unpaid bills, etc, etc, etc.

biggles

i mean it sounds rubbish if someone is tellikg you the chairman has to be turkish or be a resident.

Guz1

Jeff,

It seems a bit odd that the Chairman would have to be Turkish. If this be so, then how do you suppose complexes that have no Turkish residents manage to comply with the law requiring them to elect a management committee? Are there written rules covering the management of your complex? Do these rules include some kind of Standing Order stipulating that the chairman must be Turkish or resident in Turkey? If so, then surely there must be a means whereby a given proportion of residents can change the rules at a legally convened meeting.

jeff

I did not say that the chairman had to be Turkish - I am told he should be either Turkish OR Turkish resident. I have now had the point clarified by two Turkish lawyers, independently, who confirm that strictly speaking the chairman should be Turkish or Turkish resident. Two reasons were given. First, the chairman is required to sign off the accounts for the Tax Office which requires the registered name and address of the chairman being Turkish or permanently resident in Turkey. Secondly, for practical purposes if you have ongoing problems (and we have mighty ongoing problems) it is better to have a resident chairman for purposes of signing documents, etc. I would have thought that this could be done by power of attorney but I can see why it would be preferable for a Turkish or Turkish resident chairman.

If there are no Turkish OR Turkish residents then the complex manager may be the chairman in name. Perhaps I will be told that this sounds like rubbish (which was my initial reaction too) but I can only go by what I am told by the Turkish lawyers. My particular problem is that I have a need for everything to be absolutely watertight legally but I dare say that the vast majority of complexes can happily move along with a non resident chairman employing a power of attorney if and when necessary.

If anyone has different advice from their Turkish lawyer then I would be most happy to hear it.