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Old 5th October 2011, 01:21   #1 (permalink)
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Who chooses the maintenance company?

Who elects the property maintenance/management company on a complex?

Do all the owners vote? or

Do the board make the decision without consulting the other owners?

Is this written in any legal documents for example the Condominium law?

Any help with this will be great.
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Old 5th October 2011, 05:55   #2 (permalink)
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Re: Who chooses the maintenance company?

The board are responsible, though often the choice is an agenda item at the AGM.
The board is elected to act on your behalf.
If the owners disagree with the board decision they need to get 2/3 rds of the other owners to agree to an emergency board meeting at which you would vote to overturn the boards decision.

That was my understanding of it, but I am out of touch now.

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Old 5th October 2011, 07:05   #3 (permalink)
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Re: Who chooses the maintenance company?

You can get a copy of the maintenance agreement (Yonetim Plani) free of charge from your Tapu office. You'll neeed to take your tapu, or a copy of it.

Obviously you will have to get it translated, however this should clarify your queries.
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Old 5th October 2011, 07:35   #4 (permalink)
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Re: Who chooses the maintenance company?

If the builders are still running the complex its very hard to get them off, hence they are charging stupid prices for maintenance. You have every right to view the accounts BUT most times they never appear. Because of the property market slow down the builders will fight tooth & nail to keep the management because its such a good earner for them. Anyone thinking of booting them off make sure that you have a plan B to replace them.
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Old 5th October 2011, 07:40   #5 (permalink)
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Re: Who chooses the maintenance company?

Quote:
Originally Posted by tosmur View Post
Who elects the property maintenance/management company on a complex?

Do all the owners vote? or

Do the board make the decision without consulting the other owners?

Is this written in any legal documents for example the Condominium law?

Any help with this will be great.
Hi Jan

As stated you are entitled to have a say as an owner (you must hold the tapu).
You are also entitled to see the accounts and minutes from the AGM - this assumes that you have had an AGM of course.

The election of the company is done at either an AGM or EGM which can be called at any time with sufficient notice and support - and need not be held in Turkey if the majority of the owners do not live here.

regards
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Old 5th October 2011, 07:43   #6 (permalink)
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Re: Who chooses the maintenance company?

If you have the majority of owners (according to the Yonetim Plani) then surely you can call an AGM or EGM and remove the builders?

The only real problem is that you can't really do this until all the owners have their Tapu and Habitation Certificates. If you remove the builders before you have your Tapu and HC then you may be asking for trouble.
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Old 5th October 2011, 16:41   #7 (permalink)
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Re: Who chooses the maintenance company?

Quote:
Originally Posted by scotssteve View Post
Hi Jan

As stated you are entitled to have a say as an owner (you must hold the tapu).
You are also entitled to see the accounts and minutes from the AGM - this assumes that you have had an AGM of course.

The election of the company is done at either an AGM or EGM which can be called at any time with sufficient notice and support - and need not be held in Turkey if the majority of the owners do not live here.

regards
We have requested copies of the accounts since we moved in, this resulted in the emlak Liberal Sun resigning, which is great but does not provide us with any accounts. Two of the 4 board members have gone ahead and interviewed a new property management company but have told us they do not have the contact details for the new company yet. They did not hold an AGM nor an EGM and are not going to hold the required 6 month meeting this month.

Two of the 4 board members make all the decisions, the 2 board members who are ignored are Turkish, one of them lives on site all year round, he told us they have not involved him in any decisions, he said he does not know what is going on.

I will get my husband to read the management plan to me, I have a copy, I had to pay for it but only 15 tl.
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Old 5th October 2011, 17:00   #8 (permalink)
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Re: Who chooses the maintenance company?

Have you tried giving your board members a notarised letter demanding to see the accounts, maybe with a threat of court action if they refuse

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Old 5th October 2011, 17:12   #9 (permalink)
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Re: Who chooses the maintenance company?

Quote:
Originally Posted by yalimart View Post
Have you tried giving your board members a notarised letter demanding to see the accounts, maybe with a threat of court action if they refuse

martin
Spot on Martin, usually produces results.

Tosmur, you can void anything this committee have done if its not been done according to the rules.
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Old 5th October 2011, 17:37   #10 (permalink)
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Re: Who chooses the maintenance company?

Quote:
Originally Posted by yalimart View Post
Have you tried giving your board members a notarised letter demanding to see the accounts, maybe with a threat of court action if they refuse

martin
I have asked the board to get a solicitor to send a letter demanding the accounts but they will not. I could try getting a notorised letter for the board thanks for your idea
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