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Old 23rd August 2014, 13:12   #1 (permalink)
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2 legal questions about a living facility

We bought an apartment in Alanya last year and I was wondering if somebody here can help me with this.

In our facility there are 4 buildings with a total of 140 apartments. One of the buildings with 30 apartments has not been in use yet and is therefore not making any costs as a whole.

The owner (contractor) is not paying any monthly/yearly fees for these apartments BUT at the yearly meetings he exercises a vote for each apartment.

Is this legal?

2nd question: Last year at the meeting we were told there is a new turkish law considering compensation pay for turkish employees and as such if one of our staff members is fired or decides to leave he/she will receive a compensation of a months payment for every year they have worked at the facility. For this we had to put up a substancial sum of money for the case that this happens.

Is this correct?

Thanks in advance for any help.
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Old 23rd August 2014, 13:53   #2 (permalink)
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Re: 2 legal questions about a living facility

Hi, try this website for Turkish employment law. It explains severance pay calculations. You will need to scroll down the contnts at the bottom of the page to get to the right subject.

http://www.google.co.uk/url?sa=t&rct...Hz197O38RIZ_8Q
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Old 23rd August 2014, 13:56   #3 (permalink)
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Re: 2 legal questions about a living facility

Answering your first question he can only vote if he owns the apartments, by voting he is effectively saying that he owns the apartments and he is therefore liable to pay the management charges and if he doesn't there are legal measures that can be taken ( see Condominium Law Article 20). As a multiple apartment owner the total of his allowable votes cannot exceed one third of all votes ( Article 31)
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Old 23rd August 2014, 14:17   #4 (permalink)
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Re: 2 legal questions about a living facility

He is liablevto pay the charge for each property he owns . So long as he is recorded at the deeds office as owner. If he says he does not own them then you can pay a solicitor to check ownership atvthevdeeds office so there is no arguments.
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Old 23rd August 2014, 15:25   #5 (permalink)
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Re: 2 legal questions about a living facility

I believe only Tapu owners are the only ones who can vote including the developer we enforce this by making owners present their Tapu' s at the AGM
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Old 23rd August 2014, 15:30   #6 (permalink)
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Re: 2 legal questions about a living facility

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Originally Posted by akbukowl View Post
I believe only Tapu owners are the only ones who can vote including the developer we enforce this by making owners present their Tapu' s at the AGM
This is true .Although any one can hold their {Proxy vote for them . One way round problem of non payers is make a rule at AGM that if they don't pay they cannot vote .
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Old 25th August 2014, 13:20   #7 (permalink)
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Re: 2 legal questions about a living facility

Quote:
Originally Posted by Kanga View Post
Hi, try this website for Turkish employment law. It explains severance pay calculations. You will need to scroll down the contnts at the bottom of the page to get to the right subject.

http://www.google.co.uk/url?sa=t&rct...Hz197O38RIZ_8Q
Thanks for the help everybody. Does anyone know if the facility has to pay severance if the employee is not fired but just quits his job?
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Old 27th August 2014, 20:09   #8 (permalink)
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Re: 2 legal questions about a living facility

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Originally Posted by evo80 View Post
This is true .Although any one can hold their {Proxy vote for them . One way round problem of non payers is make a rule at AGM that if they don't pay they cannot vote .
Would be interesting to see the banks holding tapus being forced to turn up to meetings and start contributing. It might break a deadlock here and there!

Ref leavers, the following para applies as the employee must give notice.

If the employer terminates the employment contract on the basis of a valid cause, the employer is expected to respect the notice periods stipulated under the Turkish Labour Code. If that prior notice is not given to the employee, then the employee will be entitled to a notice payment corresponding to the amount of the salary which would have been earned by the employee if they had worked during that notice period. The obligation to give notice is also imposed on employees, and their failure to give proper notice is also subject to the same compensation principle.
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Last edited by Kanga; 27th August 2014 at 20:17.. Reason: added info
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Old 27th August 2014, 21:12   #9 (permalink)
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Re: 2 legal questions about a living facility

I believe no one no matter how many apartments they own (unless they own all of them) can have a maximum of one third of the votes.
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Old 28th August 2014, 06:08   #10 (permalink)
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Re: 2 legal questions about a living facility

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I believe no one no matter how many apartments they own (unless they own all of them) can have a maximum of one third of the votes.
yes Article 31 tosmur
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