General Communal Maintenance?

[westonalan]

It seems there is a growing problem on some complexes where some owners are refusing to pay for the yearly communal maintenance for such as shared swimming pools and gardens etc.

I would like peoples views on this and what should be done to force owners to pay their share?
Why do people refuse to pay the maintenance?

It is the owners responsibility to maintain the communal areas of their own complex, but some owners seem to think they can get away without paying the maintenance.
Do they realise if they don't pay, then there wont be any money in the pot to pay for the up keep and maintenance of the pool and gardens?
Therefore, should apartment owners have their apartments repossessed by the council for none payment of maintenance?

your comments please

 

[Guz1]

This is one area where I believe the Turks have the correct approach. The Management Committee can take legal action against defaulters and put a charge on their property for any unpaid fees.

 

[immac]

I had the same problem when I lived in a mansion converted into flats in UK. You were left with the dilema of either paying someone else's share of work not being done.

My feeling (relating to Turkey) is that you have to have an aggressive management approach that will be clear that there are only so many warnings before court action. It will only need one victim of this for the word to get around.

This may become a bigger issue as people feel the financial crisis more and more in Europe. The overseas property may not be the highest priority.

 

[lippy]

They may have the correct approach but it's a different matter getting the money,even through the courts.
We have four or five mainly Turks who refuse point blank to pay,we have another not Turkish who makes all sorts of excuses about not having any money,new baby,unemployment every excuse under the sun but lets the place out,while the rest of us pay for the amenities and the upkeep.It seems they have the law on THEIR side if any action is taken against them eg shutting off the water,as it's from our supply.
These spongers are a drain on the resources and funds which the rest of us pay,a solution mmm superglue their locks.

 

[jearden]

They may have the correct approach but it's a different matter getting the money,even through the courts.
We have four or five mainly Turks who refuse point blank to pay,we have another not Turkish who makes all sorts of excuses about not having any money,new baby,unemployment every excuse under the sun but lets the place out,while the rest of us pay for the amenities and the upkeep.It seems they have the law on THEIR side if any action is taken against them eg shutting off the water,as it's from our supply.
These spongers are a drain on the resources and funds which the rest of us pay,a solution mmm superglue their locks.

Hi Lippy,
I agree with Guz that the Law is well defined and should not present a problem if you follow it to the letter. You imply that you have tried this and failed but is that really the case or is this just hearsay. Certainly turning off the water is not part of the legal process.

 

[Guz1]

Lippy: I recall getting a letter from our Management Committee saying that they went with the Sheriff (or Turkish equivalent) to the main residence of a defaulter and he paid up rather than have his belonging seized.

 

[Avatar]

Hi,
What kind of cost are you talking about? I do agree each owner should pay their share of maintenance but for my 2 bed apt I am being charged 250tl/month. The villas are well over 300tl/month. I certainly cannot afford this and if it's not paid by certain date I am charged 5% interest. There is no compromise whatsoever.
Unless my maintenance cost is reduced by at least 50% I will find myself in the position of not being able to pay.

 

[Martyn]

Seems a lot of money, is that because others aren't paying or is that the rate?

 

[thegrieves]

Look at the other side of the coin for a minute, if you can. We have a ground floor duplex in a block of 9. The swimming pool has not been touched (full of builders' rubbish now) since September last year. There is a tiny little garden which is just full of weeds and not touched either. The block has Turkish occupants, one English couple and ourselves. I am more than willing to pay my share of the maintenance, but want to see proof that everyone else is paying, or has paid before I part with my cash. This is our second year as owners, and the first year of maintenance was free of charge. Any thoughts or suggestions? I have mentioned this before, but since it's a topic of interest today.......

 

[Avatar]

Seems a lot of money, is that because others aren't paying or is that the rate?

That's the rate. Although, we do have a committee the builder is running the maintenance.
I don't think the aggressive approach is the answer (well, maybe in some cases) when the costs are extremely high and non-affordable.

 

[Guz1]

200 TL a month seems excessive but I suppose it depends on what you are getting for your money. Our monthly site fees are 65 TL and a lot of residents complain about it.

You should be able to examine the books to find out whether everyone is paying and where the money is going.

 

[lippy]

Hi Lippy,
I agree with Guz that the Law is well defined and should not present a problem if you follow it to the letter. You imply that you have tried this and failed but is that really the case or is this just hearsay. Certainly turning off the water is not part of the legal process.

Do you really think I have spent a few minutes to come on here and write a load of b------s.We,our management committee,have been chasing defaulters,with the help of our lawyer,through the courts for over a year now,to no avail.I think the law is slanted to favour Turkish defaulters,who avoid paying with a ferver but are quite happy for the rest of us to pay.You are obviously well versed in the Turkish legal system or do you just go on HEAR SAY.

 

[alison09400]

Do you really think I have spent a few minutes to come on here and write a load of b------s.We,our management committee,have been chasing defaulters,with the help of our lawyer,through the courts for over a year now,to no avail.I think the law is slanted to favour Turkish defaulters,who avoid paying with a ferver but are quite happy for the rest of us to pay.You are obviously well versed in the Turkish legal system or do you just go on HEAR SAY

Why should turkish law favour turkish residents rather than foreign residents? If that's how you and the rest of the foreigners on your complex feel then no one should pay.
Turkish court cases are well reknowned to take a long time to come to a end so a year is nothing. They will be made to pay it in the end.

 

[Guz1]

Lippy: Here's an extract from the letter we got from our Baskan about getting money from a defaulter. Not quite as I remembered it, but still indicates that bringing in the bailiffs is an option.

When a resident had a debt to the cooperative, I sent a written communication out of courtesy. When he came to the estate saying he had no debt and asking for documentation, he said he would settle the matter in court. I informed the person that if the debt was not paid within a short period of time my lawyer and I would bring the court bailiffs to his house. The resident then paid his debt within a short space of time.

 

[Avatar]

200 TL a month seems excessive but I suppose it depends on what you are getting for your money. Our monthly site fees are 65 TL and a lot of residents complain about it.

You should be able to examine the books to find out whether everyone is paying and where the money is going.

Hi Maria,
250TL for 3 pools, security and gardens in villas and surrounding areas. 56 units in total. I only wish the cost was 65tl.

 

[parrot]

That's the rate. Although, we do have a committee the builder is running the maintenance.
I don't think the aggressive approach is the answer (well, maybe in some cases) when the costs are extremely high and non-affordable.

This rate is too high,so where is it,are all the properties sold even if not this shouldn't stop your committee running the site,how long have you been there and has the commitee looked at running the property through a maintenance company,of which there are many,good and bad.

 

[alison09400]

For 56 properties that amount seems too high to me. If all the properties are not sold then the builder (who owns them) should be paying the monthly maintenance for each empty property on the complex.
The builder should voted off the Committee at the next AGM if the residents are not happy with him. Are you residents foreign? Also if there is an elected Committe the residents should vote regarding the maintenance charges.

 

[Guz1]

Avatar: Check out the accounts for your site. You might have to bring an interpreter or an accountant with you to explain what you're looking at. Attend your AGM. We attended ours once and it was a real eye opener.

 

[Mushroom]

Coming back to the original question of what to do if there are certain owners not paying their share, there is one question which always springs to mind.. Are they not paying because they just don't want to or is it because they are not satisfied with the level of service and cost of maintenance.
If it is the former, then quite rightly they should be subject to action legally as it is obviously wrong, but if it is the latter and they feel that they are not being given the service they are being asked to pay for, it starts to get a bit awkward because in fairness who pays for crap service, often up front and with no chance of a refund if the service does not reach the anticipated level expected.
I am aware of this situation not too far from us and whilst I am not now one of the disgruntled as we have broken away to look after ourselves, it is still something that does not sit well.
I think before going off and making whatever demands, it may be a case of finding out if the non-payment is down to disatisfaction rather than just can't be arsed paying.

 

[Avatar]

Can anyone recommend a good maintenance company around the Gumusluk area. No harm in getting quotes to compare.
Thanks