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Old 24th November 2013, 14:09   #1 (permalink)
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Question Site Manager Problem

Hello. I have been informed that our site manager does not have to answer to the site Board. He also states that the job description he signed does not apply to him. Further,he states that no matter what was passed as a proposal at the AGM he will decide what work will be done and what won't. There was a time limit placed on some of the work and he states that he will decide when it will be done. He claims that the Board cannot take any action against him as he was voted as manager by the owners. This vote is taken every year. Not all owners voted for him. We could ask for an EGM to have another vote but if he were to win it would give him more power. How do we stand legally?
Thanks in advance,Derek.
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Old 24th November 2013, 15:20   #2 (permalink)
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re: Site Manager Problem

I have never heard of anything so ridiculous . Is he also a owner ? or just a manager . I would try and look for a new site company if that's his attitude .
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Old 24th November 2013, 16:16   #3 (permalink)
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re: Site Manager Problem

Ha ha, no really sorry but this is one of the best ones yet. What part of working does he not get! He needs to be given a formal warning, but really it is up to what was actually written in the terms and conditions of the site agreement, this is a serious serious case of Mr More than my jobs worth!!! This is up to the Management committee to deal with and it can be done online with all the owners of the property too. He could be fired if he is not adhering to the job provisions and if not on health and safety grounds. Where are you based? How can we help? Even if it only to send you the Vodka Xmas Cake recipe to make you laugh. Some one else posted it last year.
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Old 24th November 2013, 17:38   #4 (permalink)
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re: Site Manager Problem

Hello again. This is not a joke. He seriously believes this. He is not an owner. He is not part of a management company. In the past a majority of owners voted him as a new manager to replace the management company we have. He has received a written warning but insists it does not apply as majority(close vote) of owners voted to continue with him. Problem seems to be because there ia an annual vote by owners that he does not have to answer to the Board. Board has said they could dismiss him but are concerned about this voting by owners issue. He believes only a vote by the owners could remove him. Some owners would not vote against him no matter how bad his attitude. Just as a point I am not on the Board but do support them.
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Old 24th November 2013, 17:43   #5 (permalink)
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re: Site Manager Problem

Who pays his wages? Get them stopped.
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Old 24th November 2013, 22:11   #6 (permalink)
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Re: Site Manager Problem

Suggest you look at your Management Plan and Articles 27 ,28 and 32 of the Condominium Act . The MP determines the method of management including the managers duties and fee/income and the MP is administered by the board who are appointed by the owners and indeed are probably owners themselves and Article 32 gives them authority to resolve disputes with the manager.
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Old 25th November 2013, 00:34   #7 (permalink)
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Re: Site Manager Problem

Hi Alva5763
Do you have a Service Level Agreement for him to work within and also a budget. Essentials if you need to challenge him on his performance. Can send you an illustration of such if you need guidance for furture agreement.
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Old 25th November 2013, 10:55   #8 (permalink)
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Re: Site Manager Problem

Hello. He has a jonb description that is based on Turkish Condominium Law and the Sitesi Plan. Description was translated into Turkish and checked by lawyer to make sure contents were legal before manager signed it.
Manager makes budget each year and Board makes any changes it feels need to be required.Manager is adhering to budget.
The problem rests on his defence that due to being voted in at AGM by majority of owners that he does not answer to the Board although the Board represents the owners.
I am sure he will be dismissed but not knowing enough about Turkish employment Law do not know where we would stand if he took his claim to court if Board dismissed him.
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Old 25th November 2013, 11:33   #9 (permalink)
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Re: Site Manager Problem

The Baskan has an inordianate amount of power once elected, what action is he/she taking? Have they signed any written warnings?
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Old 25th November 2013, 13:40   #10 (permalink)
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Re: Site Manager Problem

written warning has been issued via notary to keep everything legal. he is claiming he does not answer to Board so Job description and written warning do not apply to him. seems he is really looking for any excuse. Problem is he does not work or arrange for proposals at AGM to be completed. States he will decide what happens on site not owners. I know we must have the law on our side and his whole reasoning is ridiculous but wonder how he gets such ideas.
Thanks for all replies to date.
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