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Old 25th March 2019, 13:23   #31 (permalink)
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Re: Complex Management

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Originally Posted by oldfogy View Post
I was also informed by our Avokat that the 12 month debt rule has also changed and a person can now be taken to court after just being in debt for one month. But the claim will only be for one twelfth of the debt.

A shame also that our previous management company were not taken to court for dereliction of duty for allowing one particular owner to have never paid any maintenance in 9 years, however that is now about to change as now I am the appointed block manager, proceedings will be instigated starting in April when I get there

HOWEVER remember this is Turkey we are talking about and not all Avokats seem to be as informed as we would like them to be.
Good on yer OF. Sometimes the only way to move progress is to roll your sleeves up and lead it yourself (yours sounds similar to my motivation).

Yes, we got the same advice re: court, which is why (as I explained) we got it through the AGM that Owners each had to make the declaration (a signed declaration goes a long, long way with the court when you get there with those who then don't comply with their own declaration).

You're also right about lawyers and their differences in understanding and interpretation of the law. We have had to sack one for only wanting to tell us what we can't do - when we are really only interested in what we can.... So much easier.
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Old 25th March 2019, 13:54   #32 (permalink)
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Re: Complex Management

And at least if the Avokat is wrong she will have to pay herself for her time, because normally it will be the debtor who pays the Avokat and Court charges

We started of with a Complex and the usual Bashkan and committee but since being informed that only a 'Block manager' can instigate court proceedings, (hence no-one ever being taken to court) we have at the last AGM dissolved the complex and now each of the 5 blocks of between 11 & 14 apartments now have their own individual block manager along with new individual tax numbers and bank account all of which has also been Notorised.

However as one of the pools borders across 2 plots of land we have reorganised the supply of electric for both the pool and perimeter lights onto a new separate electric meter of which the bill is then shared equally between just our 2 blocks along with a joint public liability insurance policy which also cover buildings and pool damage.

However I can't 'legally' chase the 9 year debtor for any debt prior to me taking over as block manager, but at least if we can just get things running as they should with people paying when due that will be a start and if the9 year debtor pays anything else then that will be a bonus.
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Old 25th March 2019, 17:39   #33 (permalink)
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Re: Complex Management

Quote:
Originally Posted by oldfogy View Post
And at least if the Avokat is wrong she will have to pay herself for her time, because normally it will be the debtor who pays the Avokat and Court charges

We started of with a Complex and the usual Bashkan and committee but since being informed that only a 'Block manager' can instigate court proceedings, (hence no-one ever being taken to court) we have at the last AGM dissolved the complex and now each of the 5 blocks of between 11 & 14 apartments now have their own individual block manager along with new individual tax numbers and bank account all of which has also been Notorised.

However as one of the pools borders across 2 plots of land we have reorganised the supply of electric for both the pool and perimeter lights onto a new separate electric meter of which the bill is then shared equally between just our 2 blocks along with a joint public liability insurance policy which also cover buildings and pool damage.

However I can't 'legally' chase the 9 year debtor for any debt prior to me taking over as block manager, but at least if we can just get things running as they should with people paying when due that will be a start and if the9 year debtor pays anything else then that will be a bonus.
We have 27 blocks in one complex and it's not a problem for the Baskan to take legal action ,it's what powers owners give the Baskan at the Annual Meeting and what authority is notarized

Last edited by akbukowl; 26th March 2019 at 18:28..
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Old 25th March 2019, 17:54   #34 (permalink)
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Re: Complex Management

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We have 27 blocks in one complex and it's not a problem for the Baskan to take legal action ,it's what without owners give the Baskan at the Annual Saving and what authority is notarized
Obviously only time will tell if we have been fed more Turkish rubbish and I am actually going to see another avokat (as not entirely happy with current avokat) when I will be asking questions which we have already been told.
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Old 25th March 2019, 18:02   #35 (permalink)
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Re: Complex Management

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Obviously only time will tell if we have been fed more Turkish rubbish and I am actually going to see another avokat (as not entirely happy with current avokat) when I will be asking questions which we have already been told.
And just to add OF, given that your contract with the former management company I assume invested responsibility on them to collect the monies in accordance with the TCL etc, then you can actually take them to court - even after you have sacked them, for their dereliction. We are currently engaged in this process. It's proven rather time consuming to prove our case (eg: we provided more than 6,500 email communications in support of our claim - Yes we pedantically write down everything we say and agree and send it to the parties as an email) and we have had to progress to the higher court due to the complexity, but 'give a dog a bone' and all that - and the current court has already indicated that it is the responsibility of the former manager to try to provide evidence that we are wrong, rather than us to prove our case - as they have accepted our evidence as having primacy.

Last edited by Leo; 25th March 2019 at 18:09..
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Old 25th March 2019, 21:56   #36 (permalink)
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Re: Complex Management

Just to add this had all happened prior to my arrival on the scene, but I have since mentioned something on the lines of taking him to court but was shouted down as at least they/he got other things done what exactly still remains a bit of a mystery to me. So like it or not that episode in our life is going to be pushed away so we can move forward asap.
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Old 26th March 2019, 07:34   #37 (permalink)
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Re: Complex Management

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Originally Posted by oldfogy View Post
Just to add this had all happened prior to my arrival on the scene, but I have since mentioned something on the lines of taking him to court but was shouted down as at least they/he got other things done what exactly still remains a bit of a mystery to me. So like it or not that episode in our life is going to be pushed away so we can move forward asap.
I think the trick in these situations is not to get tempted into chasing debts that are not recoverable and stepping into the unknown in legal actions that are unlikely to prove fruitful.
This may require owners agreeing to write off some debts and pursuing targets that are winnable.
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Old 26th March 2019, 13:34   #38 (permalink)
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Re: Complex Management

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I think the trick in these situations is not to get tempted into chasing debts that are not recoverable and stepping into the unknown in legal actions that are unlikely to prove fruitful.
This may require owners agreeing to write off some debts and pursuing targets that are winnable.
Yes, basically we that count have already agreed to write of the past debts 'but will still strongly ask for them' and if paid then that's a bonus, and if not well never had it before and managed.
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Old 26th March 2019, 14:22   #39 (permalink)
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Re: Complex Management

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Yes, basically we that count have already agreed to write of the past debts 'but will still strongly ask for them' and if paid then that's a bonus, and if not well never had it before and managed.
If the owners of the properties have sold up and left and the Tapu has been changed into a new owners name forget about chasing the old debt
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Old 26th March 2019, 15:16   #40 (permalink)
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Re: Complex Management

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If the owners of the properties have sold up and left and the Tapu has been changed into a new owners name forget about chasing the old debt
Yes I realise chasing after a new owner technically they would be responsible would be like chasing the wind, and plus possibly alienating the new owner and starting of on the wrong foot which is something we would not and do not want to do. But what we will be doing as at least one owner is for sale is to put a LARGE notice on the notice board saying something about maintenance being due in October but payable by January [as already agreed] 700TL per year and even some Brits do not want to pay.
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