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Old 17th October 2011, 01:49   #1 (permalink)
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No accounts etc

Hi

We bought a second hand apartment in Tosmur a year ago. The complex was completed in 2006. None of the owners have ever had any accounts from Liberal Sun who have managed the property since it was built. When we bought our property we asked again and again for accounts. The committee who refer to themselves as the board set up in 2010 but as this was not done in accordance with Condo law they started again and had an election in May 2011. This was somewhat dodgy as one owner said at the meeting in May asked "whose proxy vote have I got", the person who now calls himself the chairman responded "You have one proxy vote for number 2". How could anyone forget the person they have a proxy vote for? Anyway when the board was apparently elected at this meeting with the use of perhaps dodgy proxy votes, we thought it does not really matter who is on the board as long as they do the job.

I asked for copies of the accounts and the Chair answered we have decided to forget about the accounts for the last 5 years and have told Liberal Sun to start fresh and provide accounts every year starting from January 2011. I responded that the board could no take away my rights to have legally audited notorised accounts. But still no accounts have been provided.

Liberal Sun are supposed to be leaving in December this year and now the board have signed up with a new property management company and have only told us the name of the company and told us that once they have paid off Liberal Sun they will provide more details about the new company. The Chair has said he is waiting for the accounts from Liberal Sun so he can end the relationship as soon as possible with Liberal Sun. We have not been told what the chair thinks will happen if Liberal Sun don't provide the accounts. Liberal Sun have never provided any accounts so far.

The Management Plan (MP) states that a property management company must be chosen at the end of the AGM, after owners have had their meeting and discussions. However, the 2 members of the board have gone ahead and elected a new company and signed a contract. The board have not shared the contracts contents with us so we have no idea what has been agreed or how much it will cost.

The MP states that all owners together should draw up a maintenance plan and decide together how much they want to pay. But the Chair makes these decisions himself and if questioned via email he does not answer, we never see him.

Surely the contract between the new property management company and the 2 board members is not legal as it goes against the MP? is this correct and if it is what is our rights in this matter?

The chair ignores the Condo law and has never even read the MP. Liberal Sun told the chair that the MP is not important and the chair seems to have chosen to believe that.

The MP also states if any owner believes the board has not done their job then that owner(s) can refuse to accept the chair. We took up this rule as no work has been done at all. So we said we don't accept the chairperson. However, he just carries on and ignores what we say.

We realise we could go to court but not living in Turkey makes this a daunting thought. We will when my husband is with me get a solicitor to write to the board but my husband cannot get to Turkey until August. In the meantime I guess we will have to let him get on with it.

Should we pay our site fees or not? No work has been done in 5 years by Liberal sun, even simple jobs have not been done the ballcock in the water tank in the basement does not work so the water overflows and floods the basement, this is quite a smiple thing to put right but Liberal Sun have not done this and it has been like it for over a year. There are many other things wrong at the site and none have been sorted out.

We contacted several authorities in Alanya and then Liberal Sun said they were withdrawing - great! But it looks like they are going to keep all the money owners have paid for 5 years and still not do any repairs or maintenance.

The chair has told owners he wants an extra 500tl as well as the annual fees from all owners to pay off Liberal Sun and pay the new property management company.

The only paperwork that has been provided is the stamped minutes from the Sept 2010 AGM that Liberal Sun later stated was carried out wrongly so they held a new AGM in May 2011 which have not been stamped by the notary. The minutes in Turkish are not the same as the English version. It is all a shambles.

I am sure someone on here said that the MP has to be updated to include the latest amendments to the Condo law but I can't find that, is this correct?

Any help will be great.
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Old 17th October 2011, 06:20   #2 (permalink)
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Re: No accounts etc

Hi Jan

If you can contact the other owners then you can set about calling an EGM. If the other owners agree (in majority) and like you they happen to live in the UK - then you can even hold the EGM in the UK
as long as its held under Turkish law -which you have clearly been reading.

Good Luck
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Old 17th October 2011, 08:26   #3 (permalink)
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Re: No accounts etc

Jan is this Chairperson a Turk or European? Does he live on site full time? I know it sounds defeatist but my opinion is that you are banging your head against a brick wall and the only person who is getting hurt is you! Take Steve's advice and try and contact as many owners as you can and then see if you can get an EGM organised. Good luck, I think you will need it.

Val
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Old 18th October 2011, 22:38   #4 (permalink)
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Re: No accounts etc

Quote:
Originally Posted by val2661 View Post
Jan is this Chairperson a Turk or European? Does he live on site full time? I know it sounds defeatist but my opinion is that you are banging your head against a brick wall and the only person who is getting hurt is you! Take Steve's advice and try and contact as many owners as you can and then see if you can get an EGM organised. Good luck, I think you will need it.

Val
Hi Val
The chair is Norwegian and is rather power crazy, he does not live on site, he visits for 2 months a year. It seems like most owners have given up and don't make any contact at all any more. The chair and a few of his friends with Irfan from Liberal Sun brought along what they claimed were signed proxy votes but it became clear through conversation that they were probably not signed at all they were certainly not shown to everyone.

Many owners have tried without any luck to sell their apartments and have resorted to renting them out. Some of the owners have used Liberal Sun to rent out their apartment and it looks like as long as they don't have to pay any money they are happy. One of the apartments is rented via Liberal Sun to a drug dealer, he lives there with his girlfriend who works for an emlak in Alanya, this man told us he and his partner have no idea how much the rent, electric etc cost as this is sorted out between Liberal Sun and his girlfriends boss. Now Liberal Sun are gone I guess this will change. No one seems bothered that people call at his flat for their drugs. But the locals are bothered and told me and my husband about it, the caretaker confirmed it is true.

I am sure things will change so I have decided to sit back and wait for a while as the chair is totally incompetent and has not been able to get any repairs or maintenance done. Hopefully people will get worried if they think the building is getting run down. I have done all I can.

Thank you for your response
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Old 19th October 2011, 07:16   #5 (permalink)
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Re: No accounts etc

Jan that is awful. I know it might be extreme, but I would report the drug dealer and his girlfriend (who may be working illegally if not a Turk) to the Polis or Jandarma. If you can get your Turkish neighbours to back up your accusations they might do something about it. I thought the Turkish authorities are very strict on drug dealing. Good luck with your next course of action.

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Old 19th October 2011, 21:17   #6 (permalink)
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Re: No accounts etc

Quote:
Originally Posted by val2661 View Post
Jan that is awful. I know it might be extreme, but I would report the drug dealer and his girlfriend (who may be working illegally if not a Turk) to the Polis or Jandarma. If you can get your Turkish neighbours to back up your accusations they might do something about it. I thought the Turkish authorities are very strict on drug dealing. Good luck with your next course of action.

Val
I have told the chair which is what we are supposed to do according to the Management Plan but he ignored this as well as many other incidents the locals told us about.

They told us about one owner who is an alcoholic and apparently when he or his children visit they have rowdy slanging matches at all hours of the day and night. The caretaker confirmed this.

Another owners children had wild parties at the complex with their friends and the locals called the police, the children took their friends money and left their friends at the complex without any money to get home, the chair paid their fare but took no other action.

The owners do not respect themselves let alone each other, LS did not respect the owners or the caretaker and the caretaker respects no one. How can we respect people like this?

Last edited by tosmur; 19th October 2011 at 21:35..
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Old 19th October 2011, 22:09   #7 (permalink)
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Re: No accounts etc

Jan that scenario is awful. I would assume that the wild parties are Scandinavians, not Turkish. I would still report the drug dealer to the Polis. I think as has been recommended to you before, the best course of action would be to call an EGM and try and get the chair to take responsibility for the site or vote him out. Makes me appreciate the well run and orderly site I live on.

Val
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Old 19th October 2011, 22:23   #8 (permalink)
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Re: No accounts etc

Quote:
Originally Posted by val2661 View Post
Jan that scenario is awful. I would assume that the wild parties are Scandinavians, not Turkish. I would still report the drug dealer to the Polis. I think as has been recommended to you before, the best course of action would be to call an EGM and try and get the chair to take responsibility for the site or vote him out. Makes me appreciate the well run and orderly site I live on.

Val
I have contacted the owners but none of them seem bothered, they are happy to ignore it all, many have tried to sell their apartments without success so have rented them out and don't seem to care. The drunken people having wild parties and slanging matches are Scandinavians, the local Turkish neighbours reported this to the police.

I have no actual evidence of the drug dealing so I am not prepared to report it without the evidence. The caretaker told us and one tenant but they have not reported it to the police only to the chair, I followed and reported it to the chair as it is his responsibility, if he ignores it then I am not going to take responsibility for it. If tenants leave because of all the problems then perhaps the other owners will wake up and do something.

I am not prepared to put myself forward. I have tried and told them I am prepared to work together this offer was ignored. Someone else can do something about it.

I have a feeling the drug dealer might leave now Liberal Sun have gone, just a hunch.
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Old 21st October 2011, 00:05   #9 (permalink)
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Re: No accounts etc

Forgot to say the drug dealer and his girlfriend are from Norway not Turkish, as you mention it is possible she is working illegally, he does not work.
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Old 21st October 2011, 06:54   #10 (permalink)
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Re: No accounts etc

Quote:
Originally Posted by tosmur View Post
Forgot to say the drug dealer and his girlfriend are from Norway not Turkish, as you mention it is possible she is working illegally, he does not work.
Jan, I am only playing Devil's advocate here, but are the stories you are hearing from the caretaker exaggerated in any way? They all seem to be against the Europeans and perhaps the caretaker is like many Turkish people who are xenophobic. Our caretaker is like that and although excellent at his job, seems to judge the morals of the Europeans on site.

Val
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