Can a Man Emergency Levy imposed by Board

[sybil plessey]

Emergency Levy imposed by Board

A question for all you legal eagles. Our Baskan has imposed an Emergency Levy to raise money to pay for essential services to run our site. We have apparently run out of money and therefore the emergency levy. Can a Board impose a levy - I thought such a levy is not enforceable ? Any experience of this on your complex?

 

[enoch]

I read a post on the Hurriyet news. About site fees 10 days ago and forgot to post it ,What it said was a high court ruling as said if you have services on site you do not use you do not have to pay. It was under the heading don't pay to much. I will try and find it again

 

[Hilsjw]

I don't get that Enoch. What if you never stay in your property - maybe bought it for an investment, surely you must pay the fees otherwise the complex will be a sorry mess in no time ? Back home we live in a ground floor apartment, there is a lift in the building which we never use but our maintenance is the highest. I know this isn't Turkey but you know the rules & reg 's before you buy. As for a levy perhaps ask to see the accounts - perhaps some owners are not paying their fair share.

 

[enoch]

I can only say what i read , the way i read it was ,cleaning and every day things you pay .extras like gym's baby changing rooms maybe indoor pools ,maybe the cost would increase for those who use the facilities. It was an article in the paper with not a lot of detail . I have noticed in Alanya pools are not getting filled maybe for the same reason.

 

[Hilsjw]

Thanks for your reply. As you mentioned some pools in Alanya are not getting filled and I expect this is because of lack of funds. Not enough maintenance being paid the site will become a ruin in no time. As for the levy, perhaps this is a one off for something unforeseen. It happens for time to time in our property in the U.K. annoying but things have to be done to keep our 19th century in good order.

 

[IbrahimAbi]

You can bet your life that people 'who do not use the pool' will want it to be clean and functional when they try to sell up. Nonsense. One of the reasons we sold up in Bodrum was just this. One of the main culprits for not paying was famous Turkish actor who had been on Broadway. Disgusting.

 

[Akasya]

Our site Baskan has repossessed several houses for non payment , they were sold and the balance after costs etc were returned .

Do not risk it ,

Steve

 

[IbrahimAbi]

Our site Baskan has repossessed several houses for non payment , they were sold and the balance after costs etc were returned .

Do not risk it ,

Steve

I wish we'd had him on our site. We only had spineless gits who did noy want to be th nasty oone who called in the bailiffs.

 

[alva5763]

https://yellali.com/law/turkish_condominium_law.pdf


App. 11, 12, 13, 14
III. PARTICIPATION IN THE GENERAL EXPENSES OF THE MAIN LANDED ESTATE
ARTICLE 20- (Date of the amendment on clause 1: 13.4.1983-2814/Article 9)
Each owner of the apartment, unless stated otherwise in the contract signed between all those participating equally in the payment
of any staff on cleaning, security and gardening;
a) In accordance with the ratio of their land share, each owner has the obligation to pay for the insurance premiums, maintenance,
preservation, amplification and repair costs of the mutual parts as well as the managers’s salary;
b) Apartment owners can not be exempted from the costs mentioned above, nor can they be exempted from the advance payment
costs of such expenses. Even if they relinquish usage of the mutual zones or facilities or claim that there is no need or necessity for
them to make use of such zones and facilities, they can not be exempt from paying for the expenses mentioned above.
(Amendment of date: 13.4.1983-2814/ Article 9)
The manager of the block or each apartment owner has the right to bring a law suit against the apartment property owner who
refrains from paying for the expenses or advance of such payment. They can even take the matter to the Law Enforcement Office.
(Amendment of date:28.11.2007-5711/Article 9)
The apartment owner who refrains from paying for the whole debt is made to pay for a mandatory interest of 5% per month.
If any one of the expenses indicated in clause 1 of Article 20 is caused by the negligence of one of the apartment owners or the
people who use any individual part of the immovable property on behalf of its owner, the participant who has paid those expenses
has the right of recourse; which means the right of

 

[Hilsjw]

That's cleared that up. Thanks.