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Old 30th May 2017, 22:31   #1 (permalink)
Mike and Nicky
 

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Exclamation condominium law help please

our site is being run through a management company. we have since found out that they are not a registered management company and cannot take any legal action over people not paying there maintenance. the site has been running since 2009. there are 42 properties. we do not know what to do as no commitee has ever been formed, and we have never had a management plan.
i guess my question is where do we go from here?
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Old 31st May 2017, 15:56   #2 (permalink)
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Re: condominium law help please

The site management plan is an essential document registered by the developer at the planning approval stage. Get a copy from the Tapu office, have it translated and circulate to all the owners.
A Turkish and English copy of Condominium Law is available here on TLF and all owners should read it. PM me for copies.

You the property owners are collectively The Board of Condominium Owners responsible for managing your site in accordance with Condominium Law. You set the agenda and appoint the Manager.

To make any headway you need at least half of the owners committed to organising the site properly.
Once you get to that stage there is plenty of advice available on the forum about AGMíS and procedures.
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Old 31st May 2017, 20:40   #3 (permalink)
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Re: condominium law help please

Thank you so much. One of the things we are obviously concerned about is whether or not our properties were built in line with condominium law. Hopefully now we can start taking control, if we can get the majority of the owners to agree.
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Old 1st June 2017, 06:43   #4 (permalink)
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Re: condominium law help please

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Originally Posted by mike&nicky View Post
Thank you so much. One of the things we are obviously concerned about is whether or not our properties were built in line with condominium law. Hopefully now we can start taking control, if we can get the majority of the owners to agree.
Mike & Nicky......do you have a Tapu (Title Deed) for your property?.....do other homeowners have theirs.
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Old 4th June 2017, 08:33   #5 (permalink)
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Re: condominium law help please

Hi we are a small complex like yourselves of 41 apartments. For last 5 years only the English, Irish and European Turks have been paying. We have always voted in a committee of 3 owners to run the complex. At our AGM last year we voted that we would take action against non payers. 13 owners were in arrears. In 9 months only 5 are outstandning, 3 outstanding have charges on their properties to secure our debts, 2 others who have never paid for 5 years are in court on 5th July, the judge has already sent their files to an agent to calculate exactly what we are owed in interest and charges etc. If they don't pay then we will put charges on their assets and sell through the bailiffs office. We started the cases in mid August last year. Assuming everything has been done legally on your complex and you have given authority to the management company to look after your site I would have thought they should be able to start the ball rolling through a solicitor. However looking around a lot of complexes seem to be going through the motions of having a meeting, taking minutes but are not legally following through with the legal procedures
The one thing you need is the minutes of your meetings to be properly notarised and correct. The judge asked for our decision book to examine it for himself. What we have discovered ( myself as a victim of property fraud who has been unsuccessfully through the system) that the Condominium law is the one law which I have come across which actually does what it says. I've successfully gone through this on behalf of our complex If you want to pm feel free
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Old 4th June 2017, 08:36   #6 (permalink)
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Re: condominium law help please

Fair play to you for taking no sh1t from freeloaders

Ps note to self-don't get on wrong side of Sarahlou
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Old 4th June 2017, 09:02   #7 (permalink)
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Re: condominium law help please

must be the Norn Ireland in me -
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Old 5th June 2017, 08:36   #8 (permalink)
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Re: condominium law help please

Quote:
Originally Posted by Sarahlou View Post
Hi we are a small complex like yourselves of 41 apartments. For last 5 years only the English, Irish and European Turks have been paying. We have always voted in a committee of 3 owners to run the complex. At our AGM last year we voted that we would take action against non payers. 13 owners were in arrears. In 9 months only 5 are outstandning, 3 outstanding have charges on their properties to secure our debts, 2 others who have never paid for 5 years are in court on 5th July, the judge has already sent their files to an agent to calculate exactly what we are owed in interest and charges etc. If they don't pay then we will put charges on their assets and sell through the bailiffs office. We started the cases in mid August last year. Assuming everything has been done legally on your complex and you have given authority to the management company to look after your site I would have thought they should be able to start the ball rolling through a solicitor. However looking around a lot of complexes seem to be going through the motions of having a meeting, taking minutes but are not legally following through with the legal procedures
The one thing you need is the minutes of your meetings to be properly notarised and correct. The judge asked for our decision book to examine it for himself. What we have discovered ( myself as a victim of property fraud who has been unsuccessfully through the system) that the Condominium law is the one law which I have come across which actually does what it says. I've successfully gone through this on behalf of our complex If you want to pm feel free
We sacked our site solicitor last year and engaged the services of a proactive solicitor who only gets paid on successful collection of debt.....she has been very successful.....she freezes bank accounts or places a lien on assets like a car or boat.....we had a Turkish owner who owed 8000tl.....he had 10k in his bank.....was heading for UK to get married leaving debt and mortgage behind him.....bank repo the property to sell and he has been to the site 4 times pleading to unfreeze his account so that he can settle his debt.....sorry to late....court now dealing with your debt.....results....people are now paying.
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Old 5th June 2017, 09:36   #9 (permalink)
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Re: condominium law help please

Quote:
Originally Posted by the bueman View Post
We sacked our site solicitor last year and engaged the services of a proactive solicitor who only gets paid on successful collection of debt.....she has been very successful.....she freezes bank accounts or places a lien on assets like a car or boat.....we had a Turkish owner who owed 8000tl.....he had 10k in his bank.....was heading for UK to get married leaving debt and mortgage behind him.....bank repo the property to sell and he has been to the site 4 times pleading to unfreeze his account so that he can settle his debt.....sorry to late....court now dealing with your debt.....results....people are now paying.
You can almost guarantee if his Bank acc was unfrozen he would take out the money and run.
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Old 20th August 2017, 20:24   #10 (permalink)
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Re: condominium law help please

yes we have the Tapu
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