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Old 21st May 2013, 10:49   #1 (permalink)
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Exclamation Legal or illegal?

The Residents Committee for our Alanya complex is in Ireland and all meetings and decisions are made there without reference to the owners in Turkey - they have just appointed a new management company. The ownership of our apartment complex is approx 50/50 Irish/local.

The Turkish owners claim that as the Residents Committee is illegal (it not being based in Turkey) then the new management company has been illegally appointed. Therefore they are not bound to pay the monthly fees and that the new management company has no legal redress against them for nonpayment.

Are they correct?

What is the answer here? Can we in Turkey disregard the Irish committee and elect a local residents committee to appoint a management company? Or are we likely to finish up with two management committees?!

Any advice will greatly appreciated
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Old 21st May 2013, 11:16   #2 (permalink)
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Re: Legal or illegal?

I am looking forward to the answers on this one
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Old 21st May 2013, 11:43   #3 (permalink)
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Re: Legal or illegal?

I am completely unable to comment on the legality or otherwise of the Residents Committee but do wonder whether all of the Turkish residents would pay their management fees wherever the Residents Committee was based.

From what I've seen and heard over the years some Turkish residents are notorious for not paying any of the fees.
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Old 21st May 2013, 11:59   #4 (permalink)
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Re: Legal or illegal?

But I understand that if residents do not pay fees to a legally appointed management company then it is a simple matter for the company to enforce payment (?)
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Old 21st May 2013, 12:11   #5 (permalink)
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Re: Legal or illegal?

in this case your management committee is illegal. The managemet committe has to be in turkey. The site prasident and the site supervisor must be in alanya. A non turkish residence can't be site prasident or site supervisor. Only foreigners with a valid residence permit can be comittee members.

But, the new comittee must also work legally. For example the must invite all owners to the meeting at least 14 days before the meeting day. If you are not in turkey, they must inform you at least via phone call or email. If the new management board has not your european address, they must send to your turkey address the invation for meeting.

If you are not at home the postman leaves a notice that the letter can be collected from a specied collection point.

They are not responsibble that you are not based in turkey. Assoon the invation has been send, everything they do will be legal, like voting new managemet and others.

exactly for above reason the management board must live in the complex or near area to be able to act emidiatelly for any reasons. I do manage around 30 complexes in bodrum where %70 is owned from european clients.

I do organise in most cases the meetings, because it is to expensive for owners to travel to turkey just for the meeting, we arrange a extra ordinary meeting in their country, take the notes and vote the decidions, then i organise a legal meeting in turkey with same minutes and decidons and get the turkish owner to sign them and take the decidion book to notary and thats it.

In your case normally with good will this problem could be handled better then it looks right know but it looks like someone is not happy with the way you tried to run the management.

Feel free to ask if you have any other questions.
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Old 21st May 2013, 12:23   #6 (permalink)
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Re: Legal or illegal?

Many thanks mrtgroup Ė this certainly clarifies things.

Iíll bring this up at the local residents meeting in a few days time.

BTW I have no connection with management activities. Iíve learnt from previous experience that itís best to have locals sorting things out Ė they know their way around much better than we do. And I donít speak Turkish.
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Old 21st May 2013, 12:29   #7 (permalink)
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Re: Legal or illegal?

Quote:
Originally Posted by Jaycey View Post
The Residents Committee for our Alanya complex is in Ireland and all meetings and decisions are made there without reference to the owners in Turkey - they have just appointed a new management company. The ownership of our apartment complex is approx 50/50 Irish/local.

The Turkish owners claim that as the Residents Committee is illegal (it not being based in Turkey) then the new management company has been illegally appointed. Therefore they are not bound to pay the monthly fees and that the new management company has no legal redress against them for nonpayment.

Are they correct?

What is the answer here? Can we in Turkey disregard the Irish committee and elect a local residents committee to appoint a management company? Or are we likely to finish up with two management committees?!

Any advice will greatly appreciated
I am not a lawyer but my first thoughts are that your Turkish owners would have a strong case in court if they have not been able to contribute to important decision making. When you say the Residents Committee is operated from Ireland - what legal powers do they have? What decisions have they been given authority to make? Is the Residents Committee your Board of Managers ? It really all depends on what LEGAL powers/authority the owners have given this Committee.
On reading your post, I think your set up as described is on very "shoogly " legs. If an owner (irrespective of whether Turkish or not) isn't able to access the meeting or able to vote for or against a motion relevant to my investment then I am pretty certain that a Turkish court would uphold any objection made ( and especially so if the objector was Turkish).
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Old 21st May 2013, 12:47   #8 (permalink)
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Re: Legal or illegal?

Thank you Widdrington.

The complex was originally built by an Irish group who appointed themselves as the Residents Committee – as far as I am aware they have no legal powers or decision making authority. No notice of meetings was conveyed to local residents – in fact they don’t even have a current owners list.

Unfortunately the local residents don’t have details of the Irish owners either so it wouldn’t be possible to advise them of any local AGM meetings. It is also possible that local ownership might be less than 50% - insufficient for a quorum.
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Old 21st May 2013, 12:53   #9 (permalink)
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Re: Legal or illegal?

regarding less than 50% - insufficient for a quorum!

you need this only at the first meeting. if you do not have more then 51% to carry on with the meeting another meeting will be held 14 days after the first one. And at that meeting doesnt matter how many owners attend, the attenders vote will be enough to have it legal. And all others who haven't attended to the meeting in person or via proxy have to accept all decidions made.

If you have any contact details to the new management and if you share them with me, i will maybe call them and ask on your behalf what is going on. Maybe i can inform you after in detail what the problem is.
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Old 21st May 2013, 13:09   #10 (permalink)
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Re: Legal or illegal?

[QUOTE=mrtgroup;833676]

Hi. This is a most interesting post. I know Turkish lawyers who would strongly disagree with some of your statements made. Out of pure interest, could I please ask for clarification with regard to your some of your statements and also please ask that you give the relevant clauses in Turkish legislation which forms the basis of your statements :eg

1." A non turkish residence can't be site prasident or site supervisor. Only foreigners with a valid residence permit can be comittee members" ?

Comment - are you absolutely sure about this? Please cite your source.

2."If you are not in turkey, they must inform you at least via phone call or email"

Comment- I thought that Turkish Condominium Law laid down that notification has to be by registered post (thus proving delivery and receipt ). Are you sure that email or phone call is legally accepted ? Not according to our Turkish lawyer!


3. "As soon the invation has been send, everything they do will be legal, like voting new managemet and others" -

Comment- Yes but only if other elements of the meeting are legal ?

4. "exactly for above reason the management board must live in the complex or near area to be able to act emidiatelly for any reasons"

Comment- if the Management Board consists of 3 people then surely not all have to be living on the complex at all times ?

5. "I do organise in most cases the meetings, because it is to expensive for owners to travel to turkey just for the meeting, we arrange a extra ordinary meeting in their country, take the notes and vote the decidions, then i organise a legal meeting in turkey with same minutes and decidons and get the turkish owner to sign them and take the decidion book to notary and thats it.

Comment - what about any amendments suggested at the actual meeting on the day of the meeting in Turkey? What happens then ?

I am not saying you are wrong. I AM saying that it is a very different interpretation given by a Turkish lawyer (who has attended and advised Turkish site AGM's held in the UK and Ireland ).

What would be very useful for all of us would be for you to quote the source(s) which back up your statements eg Turkish legislation or Turkish Government guidelines etc.
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