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Old 24th August 2011, 21:03   #1 (permalink)
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How to resolve issues

The board and Property management company ignore the condominium law and Management Plan and do whatever they want. Is there any legal remedy without going to court?

We don't have time to go to court and we do not know any trustworthy solicitors.

Is there anything the Belediye, police or anyone else can do?

Example issues:
No legally audited accounts have been provided ever.

No maintenance has been done - the roof leaks, the water tank in the basement overflows and floods the basement frequently;

there is not enough water pressure resulting in having no water at all at times (affects the upper floors more than the lower floors);

The property management company has made an apartment in the basement for the caretaker (the Iskan states the basement is for storm water and a storgage depot), the apartment is illegal;

The property management company intends building a bike park without the necessary permissions even though we asked him to get the required permission;

We have no site book;

The kerar defteri is just minutes and does not state what will be done;

We are not given any paperwork other than minutes written on paper headed "Karar Defteri" a copy of which is translated into English and called minutes.

Any help would be appreciated. We are based in Tosmur, Alanya.
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Old 24th August 2011, 21:17   #2 (permalink)
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Re: How to resolve issues

Hi, there is nothing the police can do as this is a civil matter.

You can instruct a solicitor to get the accounts for you and this doesnt cost much. If there is a legal committee they can not with hold the accounts from you.
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Old 24th August 2011, 21:22   #3 (permalink)
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Re: How to resolve issues

Quote:
Originally Posted by carolk View Post
Hi, there is nothing the police can do as this is a civil matter.

You can instruct a solicitor to get the accounts for you and this doesnt cost much. If there is a legal committee they can not with hold the accounts from you.
How do I know if the committee are legal? The Turkish owners say its a temporary committee (board) but the committee state they will remain for 2 years, even though the management plan states the board must be elected annually.

Thank you for your response
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Old 24th August 2011, 21:28   #4 (permalink)
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Re: How to resolve issues

If they are a temporary committee it should be stated in the minutes that this decision was in fact taken. Ask for the minutes also.

What is the ratio of Turkish to foreigners on this site?
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Old 24th August 2011, 21:43   #5 (permalink)
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Re: How to resolve issues

Quote:
Originally Posted by carolk View Post
If they are a temporary committee it should be stated in the minutes that this decision was in fact taken. Ask for the minutes also.

What is the ratio of Turkish to foreigners on this site?
It states in the English minutes the board was elected for one year, in the Turkish minutes it is vague but the Turkish owners present did not sign the minutes (the minutes are written in a book headed "Karar Defteri" kept by the property management company, I had to beg for a photocopy). The Chair wrote to the European owners stating he is the chair for 2 years, even though at the meeting in May Irfan told them legally they can only be elceted for one year. Irfan usually ignores the law but he even mentioned this.

There are 5 Turkish owners (including us as my husband is a Turk), the rest are Europeans (mostly Scandinavians) of which 5 or 6 are Norwegians, there are 21 apartments. Many of the apartments are rented out, some owners have tried to sell them and can't so they rent them out. Only one of the Turkish owners lives in his apartment, we use ours for parts of the year, the others are rented. We have not been given any contact details for the Turkish owners, nor have the board, Irfan keeps theses contact details to himself. The board wrote a list of new rules but none of the tenants we spoke to nor the Turkish owner who lives on site have had these rules. The Turk who lives on site all year round is supposed to be a board member but he said he has not been contacted to meet with the board and he has not seen the new rules, he said he owns another apartment and rents it out and his uncle owns an apartment at the complex and rents his out and none of them have seen the rules either. We were asked for an extra 500tl but none of the Turkish owners have been asked for any the extra 500tl. It is all a bit strange.
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Old 24th August 2011, 22:12   #6 (permalink)
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Re: How to resolve issues

You need to get hold of these minutes to be able to understand what has gone on. It should only take a solicitors letter to get them threatening them with legal action and you should get them, you can then figure out what has gone on. Failing that you could call an EGM if you can get the majority together in any country and oust them. I would try a solicitor first, of course checking the cost first as I know this is not very expensive.
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Old 24th August 2011, 22:13   #7 (permalink)
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Re: How to resolve issues

I know nothing of property or condominium law as far as Turkey is concerned, so can't advice you on that.

My only input would be to suggest a "takeover" of the board, not forgetting it would probably have been the board that employes the management company so in time they can also be changed.
This obviously is not going to be very easy especially if most of the owners are not or never on site.

Can you contact other members, obviously contacting the owners you know who would be on your side to get things changed first.

One of the biggest problems with some organisations such as yours is that whilst some people will complain like mad they are not prepared to put themselves forward to help stop the or solve the problem, so those people should also be at the top of the list to get them on your side.

If you can do that then in time if needs be you should be able to call a "Extra Ordinary General Meeting" to call a "Vote of No Confidence" in the committee. You will probably have to call the meeting under the grounds of a vote of no confidence to be able to get the current board member out.
In the UK you would need a "Quorum" the definition of a quorum will be in the or equivalent of the management handbook, and need not necessarily be as high as 2/3rds of the members as some people may think.
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Old 24th August 2011, 22:28   #8 (permalink)
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Re: How to resolve issues

Quote:
Originally Posted by oldfogy View Post
I know nothing of property or condominium law as far as Turkey is concerned, so can't advice you on that.

My only input would be to suggest a "takeover" of the board, not forgetting it would probably have been the board that employes the management company so in time they can also be changed.
This obviously is not going to be very easy especially if most of the owners are not or never on site.

Can you contact other members, obviously contacting the owners you know who would be on your side to get things changed first.

One of the biggest problems with some organisations such as yours is that whilst some people will complain like mad they are not prepared to put themselves forward to help stop the or solve the problem, so those people should also be at the top of the list to get them on your side.

If you can do that then in time if needs be you should be able to call a "Extra Ordinary General Meeting" to call a "Vote of No Confidence" in the committee. You will probably have to call the meeting under the grounds of a vote of no confidence to be able to get the current board member out.
In the UK you would need a "Quorum" the definition of a quorum will be in the or equivalent of the management handbook, and need not necessarily be as high as 2/3rds of the members as some people may think.
The Turk who lives on site and the Turkish tenants said they will ignore the rules and continue to hang their washing over the balconies and leave their shoes outside their front door, I will help them by hanging my washing over the balcony as well, a bit of cloth never hurt anyone.

I don't have the contact details for the other Turkish owners but the one who lives on site will pass information onto his uncle who owns a property and Turkish tenant who rents from a Turkish owner gave us his email address and said he will pass the information that we received from the board that they have not received to the other Turkish owners.

My experience is that most owners just ignore most of it, it seems like they don't care. We like everything to be fair and done properly, it looks like this might not help us in Turkey.

According to our management plan at the complex if the board do not do their duty any one owner can state that they do not accept them as the board and they have to stand down but these people cheat and lie and are very thick skinned and it is unlikely they will stand down. I wish I knew exactly what is in it for this group of people, surely not to have the property maintained is not beneficial for them either. Apartments above the 3rd floor frequently have no running water in their apartment, surely this is not beneficial. The basement is flooded most of the time, including the caretakers apartment in the basement because the water tank overflows and floods it and the rain floods it in the winter. The roof leaks. The lift works half of the time but not the other half. The electrics were extremely dangerous until my husband pointed this out and some action was taken to improve the electrics.

It is all very odd.
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Old 24th August 2011, 22:30   #9 (permalink)
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Re: How to resolve issues

Quote:
Originally Posted by oldfogy View Post
I know nothing of property or condominium law as far as Turkey is concerned, so can't advice you on that.

Correct Oldfogy.


If you can do that then in time if needs be you should be able to call a "Extra Ordinary General Meeting" to call a "Vote of No Confidence" in the committee. You will probably have to call the meeting under the grounds of a vote of no confidence to be able to get the current board member out.
In the UK you would need a "Quorum" the definition of a quorum will be in the or equivalent of the management handbook, and need not necessarily be as high as 2/3rds of the members as some people may think.
Isnt that what I just said given that the answer was the majority are foriegners!
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Old 24th August 2011, 22:36   #10 (permalink)
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Re: How to resolve issues

Quote:
Originally Posted by carolk View Post
You need to get hold of these minutes to be able to understand what has gone on. It should only take a solicitors letter to get them threatening them with legal action and you should get them, you can then figure out what has gone on. Failing that you could call an EGM if you can get the majority together in any country and oust them. I would try a solicitor first, of course checking the cost first as I know this is not very expensive.
I have the minutes for the last 2 meetings, apparently before that a small group with the property management company ran the complex without involving any other owners. I went through hell to get the contact details for the Chairman and other owners and I still do not have all of the other owners contact details. There is no site book, no Kerar Defteri on site, no accounts are available all the owners who have been there 5 years have never had any accounts and state they are happy to start fresh and just have accounts for this year (2011), I said we are entitled to 2 years accounts and want them, but none have been forthcoming. Recently they sent a scrap of paper with some made up figures on it which gave a lot of false figures it stated that the caretaker is paid 13'500 tl per year in fact he is paid 6000 tl per year, the caretaker confirmed he only earns 6000 tl per year.

Every document I asked the property management company for they refused and said I was not entitled to these documents.

The property management company have now withdrawn and are leaving at the end of 2011, but they are trying to do a deal with a woman who wants to start a property management company and the board without having any election by the owners.

It is quite bad
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