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Old 14th November 2011, 11:19   #1 (permalink)
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Help!

I have been having a disastrous time with an apartment I bought in Kalkan. The developer employed a gardener/pool maintenance guy who attacked me by the pool side approximately 4.5 years ago. I explained to the developer that I would not pay him anymore maintenance unless he removed this man. I was a single parent at the time and was on holiday with my son. I stupidly did not go to the police! More fool me - I was scared etc.

Anyway, this developer has not removed this man who still attends the apartment block - I have not paid any maintenance since on the basis that I do not want to pay the wages of a man who attacked me - it has since transpired that he has learning difficulties and has done the same to other individuals. The owners have not created a management committee under the condominium law and when I have mentioned it ignore my suggestion. The main problem is two elderly individuals who have become friendly with the developer that are causing the problem.

There have been two years throughout this period that I have not attended my apartment due to the stress. I attended in October to be told my elderly neighbours that I would have my apartment taken off me after 7 years and the bailiffs could gain access. I do no know the law in Turkey but I am obviously concerned. The maintenance is only 500 per year and not a problem but I do not want to pay the wages of a man that attacked me and that remains on the premises to intimidate me.

Do the owners have to set up a management committee under condominium law and can I have my apartment taken off me. Any answers greatly appreciated.
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Old 14th November 2011, 11:31   #2 (permalink)
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Re: Help!

I believe it is dependant upon the number of apartments on the site. 16+ (anyone?) and there is a legal requirement for a site committee ... and the decisions of that committee are legally binding whether you agree with them or not!

Our site has only 6 apts. so we don't need one and things are done by verbal agreement/accident/threats etc. Works for us.
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Old 14th November 2011, 11:57   #3 (permalink)
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Re: Help!

Hi

I believe it's 8 properties or more, then you need a Board of Directors and a Board of Auditors and a site solicitor. Yes they can take you to court and reprocess your property and then sell it on if there are arrears, the courts will decide. You need to be careful as they do not have to contact you in the UK, they just need to put a notice on your property door (unless your management plan states otherwise), so you may not even be aware that they are taking you to court. I'm told the process takes around 2 years or so.

I would advise you speak with a solicitor who deals with complex issues.
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Old 14th November 2011, 12:59   #4 (permalink)
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Re: Help!

I'd be inclined to pay my outstanding bill and then put the apartment up for sale as it doesn't seem to be giving you any pleasure. You may be refusing to pay on principle but priciples usually cost either in money or angst. I personally wouldn't want to risk losing my apartment or the hassle. There are lots of beautiful apartments in Kalkan that would let you have peace and enjoyment and security.
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Old 14th November 2011, 21:54   #5 (permalink)
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Re: Help!

I believe they have to take you to court where you could state your case but I would not hold out too much hope. Sorry you have been put in this position.

You could seek legal advice.

Good luck
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Old 14th November 2011, 22:04   #6 (permalink)
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Re: Help!

I have to agree with Kalkan Regular. Its no good standing up for your principles if you might lose your appartment.
Sell it and make a fresh start.
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Old 15th November 2011, 09:23   #7 (permalink)
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Re: Help!

''I have not paid any maintenance since on the basis that I do not want to pay the wages of a man who attacked me''

Did you not think to pay your maintenance costs to a solicitor to hold in escrow until the problem is resolved? This would be a better course of action as you could at least prove to the courts that you had the INTENT to pay your dues but were witholding payment until the manager did the job that you were paying him to do.
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