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Old 30th June 2013, 09:49   #1 (permalink)
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Maintenance Fees without Habitation Certificate - Legal ??? for Cem

Now that we have Cem back, our very own TLF legal advisor, I would like to ask him some questions, please.

Is it within the Law, that apartment owners on a complex can refuse to pay the yearly maintenance charge, if the complex does not yet have Hab Cert/Iskan? Even if the non-payers have their Tapus?

At what stage during the 5 year planning permission stage can a builder get an extension on the permission? Must he wait until it is about to expire or can he do this at anytime during the initial 5 years?

Mary.
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Old 2nd July 2013, 12:32   #2 (permalink)
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Re: Legal ??? for Cem

Eeeemmm????
My questions are not exclusively for Cem. Lol. Sorry if it came across as such.
All input appreciated please.

Mary
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Old 2nd July 2013, 15:00   #3 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

hasn't this been asked elsewhere ?
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Old 2nd July 2013, 17:04   #4 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

I was hoping for a definitive answer. Hence my question is posted on the Legal Help Forum.

Mary.
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Old 2nd July 2013, 17:42   #5 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

Quote:
Originally Posted by culturevulture View Post
Now that we have Cem back, our very own TLF legal advisor, I would like to ask him some questions, please.

Is it within the Law, that apartment owners on a complex can refuse to pay the yearly maintenance charge, if the complex does not yet have Hab Cert/Iskan? Even if the non-payers have their Tapus?

At what stage during the 5 year planning permission stage can a builder get an extension on the permission? Must he wait until it is about to expire or can he do this at anytime during the initial 5 years?

Mary.

Hi Mary,

Hebitation certificate doesn't have anything to do with condominium law. Even if you are living in a site that doesn't have a hebitation certificate, this still doesn't eliminate the obligation of the owners to particite the common expenses. What you should do is having a decision in the general assembly with the majority of the votes, getting it registered via notary and then start an execution process against the owners who refuse to pay the maintenance.

Hope this helps.
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Cem TURKTEKIN - Attorney At Law
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Old 2nd July 2013, 17:47   #6 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

If you have a Tapu in your name you are the owner and must pay surely. The habitation certificate is only saying that it has been built correctly. For many years nobody bothered and just got their Tapus.
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Old 2nd July 2013, 17:59   #7 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

Hi Cem, nice to see you around.

Can you please comment on the Military Approval thread as I know that your advice is somewhat different for those of us who already have everything in place in terms of selling to a non-Turkish person

- cheers, Jim.
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Old 2nd July 2013, 22:24   #8 (permalink)
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Re: Maintenance Fees without Habitation Certificate - Legal ??? for Cem

Quote:
Originally Posted by celtic View Post
Hi Mary,

Hebitation certificate doesn't have anything to do with condominium law. Even if you are living in a site that doesn't have a hebitation certificate, this still doesn't eliminate the obligation of the owners to particite the common expenses. What you should do is having a decision in the general assembly with the majority of the votes, getting it registered via notary and then start an execution process against the owners who refuse to pay the maintenance.

Hope this helps.

Thank you Cem, that is what I thought also.
We (yabancis) have been told by our builder, that the Turkish owners are using the absence of the Iskan to avoid paying the fees, under Turkish Condominium Law.
Maybe another smokescreen.

Mary.
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