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Old 16th February 2012, 11:27   #1 (permalink)
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Stopping Rentals on a Shared Site

We own a detached villa on a site of 50 properties and have rented out the property (mainly during the summer months) along with many other European owners at times when it is not in use by ourselves. At a recent AGM there were moves to stop owners renting out their properties and also banning the use of the shared swimming pool by these non-owners. Does anyone have any knowledge as to whether this ruling could be enforced as there were no restrictions mentioned on any documents when the property was purchased and even recent sales have mentioned a good rental potential. Although we are not sure how many might have been in favour of such a move it appears that all the European families (about 15 properties) are in total disagreement.
Can anyone comment on this.
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Old 16th February 2012, 11:52   #2 (permalink)
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Re: Stopping Rentals on a Shared Site

Hi Cliff

The management plan for your site will tell you whether there are any restrictions on your property in terms of rental.
Any attempt to change the management plan will require either an AGM or EGM at which 40 owners are present at the meeting (no proxies allowed on this one).

If you do not have a copy of the management plan for your site it should be available from the council offices in your area.
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Old 16th February 2012, 13:42   #3 (permalink)
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Re: Stopping Rentals on a Shared Site

i gotta admit most of the probs on our site are from renters of a certain nationality .
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Old 17th February 2012, 10:46   #4 (permalink)
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Re: Stopping Rentals on a Shared Site

As I understand then, for there to be any significant changes to the Management Plan an AGM (or EGM) has to be called where the item for discussion has to be on the Agenda. In our case there was no mention of this particular issue on the Agenda and so was discussed without our knowledge. I am wondering whether in this case it can be enforced and placed onto a future management plan.
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Old 17th February 2012, 10:51   #5 (permalink)
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Re: Stopping Rentals on a Shared Site

There is a site in Didim where my friend owns a property and this has happened, when he sent some people over there was a right caffuffle I can tell you!
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Old 17th February 2012, 11:03   #6 (permalink)
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Re: Stopping Rentals on a Shared Site

Aren't all sites so different, friends of ours borrowed our place when they were kitting out their own. We are on a mainly Turkish Sitesi, just 3 English/Irish out of 140 houses. The Turkish people really looked after them, made sure they were OK, knew how to get water delivered, one guy even kept them sunbeds.
In fact one of them even asked us if we would rent to friends of theirs as they wanted them to join them on the site.
We are not serial renters though, that was the only 2 times we've let anyone else use the place.
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Old 17th February 2012, 11:23   #7 (permalink)
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Re: Stopping Rentals on a Shared Site

Are you paying your Turkish taxes on the rentals you get?...If not I guess you couldn't argue with them. (We live in our place all year round, but have heard other people threatened with this one) If you are paying them than as said they need to abide by the management plan & the votes at the AGM.
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Old 17th February 2012, 11:50   #8 (permalink)
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Re: Stopping Rentals on a Shared Site

Sorry Steve, I would have to disagree with you, all AGM's and EGM's are allowed proxy voters, the management plan can be changed via 4/5 majority or court action.

There are no restrictions of numbers at the 2nd date of an AGM or EGM, the first date requires 51% in person or proxy of the total complex numbers (Quorum) but the 2nd date doesn't and 2 dates must always be given.

You can't just put anything in a MP, it has to be in line with condominium law, unfortunately builders ignore this and do put all sorts in the MP to suit themselves.

The only reason I know this info is because we are currently in court proceedings with our builder over the Management Plan, our builders are holding all the rights that should be the homeowners rights, we don't have the right to elect a Board of Directors, our builder has overall legal say on everything to do with the complex, this is against our human rights and not in line with condominium law. I would imagine Cliff your issues would be against your human rights too and could be challenged through the courts.

Obviously at an AGM/EGM decisions are made for the complex but they still have to be in line with condominium law and be legal.
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Old 17th February 2012, 11:56   #9 (permalink)
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Re: Stopping Rentals on a Shared Site

Hi Donna M, where can the Condominium Law be found??...I'd be interested to read that.
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Old 17th February 2012, 12:10   #10 (permalink)
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Re: Stopping Rentals on a Shared Site

I will try and pm it to you Yali Chick

Cliff, did you get the agenda before the AGM or after as the agenda can be changed on the day of the AGM as long as 1/3 of owners agree this, this can only happen at an AGM, not at an EGM

Last edited by Donna M; 17th February 2012 at 12:24.. Reason: more info
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