Can anyone help on this problem

[Mal Lisa]

If the developer states that there will be a Gym, Spa, Resturant etc., on the complex and it is still not built after three years, do we, as owners have a say as to why they are not built. Also if the maintenance is not being carried out to a reasonable standard do we have any rights to assure it gets done. One more thing can we stop paying maintenance until resolved, or is it best to carry on paying knowing full well the money is not being used in our best interests. I suppose these questions have been asked loads of times by different people. The apartments I am talking about is Whitebay, by Tansas.
We also have an issue that the water in the domestic system is salt water.

Any ideas by anyone, or do we need to get a lawyer on the case ( A Turkish one ).

 

[alison09400]

Are all of the apartments on your complex sold? If not, is the majority of them sold? If so then Residents can decide to form their own committee and either manage the Maintenance themselves or employ a Maintenance Co to do it for you.

 

[Terry the Celt]

The price you paid for your property undoubtedly reflects the cost of the facilities like gym,restaurant etc that were promised no doubt in the glossy brochure or on advertising hoardings.
The maintenance you pay will also reflect the provision of those facilities and their upkeep.
SO damn right,you have a say as a new owner to question it.
We were told we would have a hairdressers and bar but its now nearly 5 years and still waiting. We werent unduly bothered because these are small facilities but I certainly would be if a restaurant,gym and spa werent there.

A local development to us is way behind completion due to problems with the building company and the promised shops,car park,pool and restaurant have never materialised. Several owners I know are attempting to take the company to court to get either all or part of their money back.

Another complex near us had a bar,gym and sauna but several of the properties are unsold and the builders cannot afford to staff those facilities so they are not in operation. Because of this and other maintenance issues the owners have clubbed together and stopped their maintenance payments due to the lack of the promised facilities etc.The dispute is ongoing.

From these 2 examples you can see that you have a right to expect certain standards and facilities which have been promised should be there. You no doubt bought on the strength of that information and are paying fees based on that standard so talk to the other owners and get advice from others.
Many other complex owners are in the same position as you and would support you so have a look at all the threads on here.There is loads of valuable information to help you.
All the best

 

[Mal Lisa]

Thanks for that it is a great help knowing that other people have been there before.
The way the complex is set up is that we are shareholders and we have the say on the communal maintenance , but so far this has not materialised, but I am sure it will as the other owners are also pissed off. My main concern is the water at present it should be city water and not salt water.

But thanks again

 

[juco]

My main concern is the water at present it should be city water and not salt water

Do you have this in your contract?

It used to be quite common to have salt water but most have converted to mains water now. Probably was cheaper to connect to salt water, and now if everyone complains they will get you connected to fresh water mains `at a cost` so in effect you will pay for the connection in addition to what you have already paid for the property.

 

[Mal Lisa]

It actually says in the specification City Water.

 

[carolk]

Hi Mal Lisa

Was this site developed by Pino properties?

If these 'extras' were part of the contract then you have course for re-dress, if not no.

If the water is coming from an artisiean well it will be salty, Ok for gardens etc but really needs to be connected to mains water supply.

My understanding is, these properties have been built one story too high and so do not have a Hab Cert, is this correct?

 

[Mal Lisa]

Yes it is Pino, I tried to apply for a small mortgage for the property this year and the bank said there was a legal issue with this development. I approached the builder and he said there was a disput three years ago when they where first built but it was cleared up. They have the certificate of habitation, however do you know anything else as I tried to find info but it is hard when you are in UK and unsure who to ask. I even tried to contact voices, but got no reply.

Would be grateful if you knew anymore.

Thanks

 

[carolk]

Hi again, do you actually have a copy of the Hab Cert, your own one, or have you just been told there is one?

 

[Mal Lisa]

To Be honest I have seen other ones that are there, but I only paid my balance a few weeks ago and I only requested it last week. Is it just one certificate for the whole site or are they individual for each apartment.

Thanks

 

[carolk]

I think it depends on how the site was registered, as a whole or block by block but, each person should have a copy with their own app on even if its the one for that block and a photo copy from the builder should be easy to give to you. I take it from your posts that the builder is still there.

How many app's are there and what are you each paying in maintenance?

 

[Mal Lisa]

Hi,

I have just recieved a copy of the certifcate after my request last week, obviously its in Turkish, Great!. Anyway it states, I think, the complete complex.
I have attached a copy, unsure if it is attached or can be opened.


Thanks for your help in this.