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Old 22nd August 2011, 11:17   #1 (permalink)
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Maintenance payments before Tapu

I know there must be a thread on here somewhere, but does anyone know the answer to this question please? We bought our apartment off plan in 05, but have never used it as there are problems with the complex not being finished and our apartment being badly damaged due to negligent work by the builder. We only received our Tapu in Feb 09 and now are being asked to pay maintenance for the time prior to this. We have no problem paying after this time, but why should we pay before we legally owned it? The complex lawyer has asked for a handover - never got one (lucky to get the Tapu!!) or quote ''when did you start renting it out'' LOL. Any advice please

Thanks,

Ryan
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Old 22nd August 2011, 11:54   #2 (permalink)
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Re: Maintenance payments before Tapu

Read your contract carefully, and it should state whether or not you are obliged to pay maintenance prior to receiving your Tapu.
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Old 22nd August 2011, 13:27   #3 (permalink)
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Re: Maintenance payments before Tapu

We were not legally held to pay maintenance untill we held the Tapu . In fact who ever held the Tapu before us [the builder ] was the one to either pay his own maintenance or as the saying goes [swallow it hi self ]. How can yopu be held liable to pay maintenace when you did not own the property [Tapu wise that is ]. Go to the belediye & look for the date the property was recorded as yours and pay from that date .
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Old 22nd August 2011, 13:44   #4 (permalink)
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Re: Maintenance payments before Tapu

From what I remember, you start to pay the maintenance once the property has been recorded on the tapu - prior to that I would not pay... As for the damage are you seeking legal or specilaised help!!! My advice start to keep a record, photos, emails to & from the builder, - importantly obtain receipts for everything , with there name signed on it (As they dont like to give these out). I would dispute any payment, as there is damage - proving who did the damage is another thing!. Best of luck...
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Old 22nd August 2011, 13:46   #5 (permalink)
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Re: Maintenance payments before Tapu

Biggles. There are lots of people who have paid in full for their property (yes, we all know better now, and with the benefit of hindsight etc) and who have used them for holidays or have rented them out to others. Surely the builders should expect "owners" to pay maintenace if the place is being looked after and they are benefitting by using the facilities, even though they have not had their Tapu ?
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Old 22nd August 2011, 13:47   #6 (permalink)
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Re: Maintenance payments before Tapu

Does not mention anything on our contract about maintenance fees
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Old 22nd August 2011, 13:53   #7 (permalink)
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Re: Maintenance payments before Tapu

I do not have a problem paying maintenance now as the committee is at least doing something with the money (finishing the complex). However I do not think it right that I should be expected to pay prior to my Tapu date, as the person who was in charge at that time was very dishonest and any work that might have been carried out has had to be re done by the present committee. Problem is they seem to think I have been using the apartment and maybe even renting it out, which is absurd.
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Old 22nd August 2011, 13:57   #8 (permalink)
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Re: Maintenance payments before Tapu

It really is a nighmare owning a property in Turkey.

There are so many pitfalls that, even if you are an expert in property law, you may fall foul.

If there is nothing about maintenance in your contract then you not be liable to pay it.
That's my humble opinion for what it's worth.

Ask your complex lawyer why should pay.
I'm not sure who you mean by complex lawyer.
Is this the builder's lawyer?

Do you have a maintenance commitee?
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Old 22nd August 2011, 16:32   #9 (permalink)
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Re: Maintenance payments before Tapu

This is a tricky one the legal stance is that if you have used the property and held a key for the property or if you have furnished the said property you have to pay maintenance. It does not matter if you have the Tapu or not, now you can hold out and not pay but you will get hassle and I mean hassle. if you have not furnished it and not held a key then dont pay, however when you get your Tapu all back payments are usually then your responsible its a catch 22 situation. Before you receive your Tapu you should check if there are any debts, outstanding tax, oustanding maintenance anything at all. As I said its tricky if there are other owners on the complex this can make it more awkward as they would be paying and your not this in itself causes friction, unless you get a very good Lawyer like we did and participate in a legal battle to establish the exact facts and cicrumstances then it is full of pitfalls it can be sorted but it is a minefield.

Last edited by Mary; 22nd August 2011 at 16:37.. Reason: add on
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Old 22nd August 2011, 16:56   #10 (permalink)
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Re: Maintenance payments before Tapu

Quote:
Originally Posted by ryan View Post
I know there must be a thread on here somewhere, but does anyone know the answer to this question please? We bought our apartment off plan in 05, but have never used it as there are problems with the complex not being finished and our apartment being badly damaged due to negligent work by the builder. We only received our Tapu in Feb 09 and now are being asked to pay maintenance for the time prior to this. We have no problem paying after this time, but why should we pay before we legally owned it? The complex lawyer has asked for a handover - never got one (lucky to get the Tapu!!) or quote ''when did you start renting it out'' LOL. Any advice please

Thanks,

Ryan
Hi Ryan,

Several questions
1. Were other apartments in your development in use prior to 2009?

2. Was any form of managment committee set up - and agreed fees and at what stage?



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