How to open site court case
Just wondering if anyone can help with procedure for opening a court case against site mismanagement. Following an agm ,does the objector(s) go to the local court personally and register a complaint OR does this have to go through a lawyer?
 

Chasey

Member
How to open site court case
Going into any legal situation without legal advice is a fools errand so id get a lawyer who's well versed in Condominium law

How long ago was he AGM and were you in attendance? there are time constraints on taking out a case

Last case we had took two years to resolve
 
How to open site court case
Going into any legal situation without legal advice is a fools errand so id get a lawyer who's well versed in Condominium law

How long ago was he AGM and were you in attendance? there are time constraints on taking out a case

Last case we had took two years to resolve

Yes i am aware of the time constraints as laid down in Condo law.

yes we have a lawyer ( who is on holiday ) and yes we are aware of the time constraints. i was just wanting clarification of whether the owner (s) go to the local court in person to file a complaint re mismanagement or whether a lawyer HAS to be the one who files the objection(s) at the court.

"ARTICLE 33. –----- each condominium owner who has not attended in the board meeting in one month from the date s/he learns the board resolution but in six months from the date of adjudication at the latest can file a nullity suit against the resolutions of the board of condominium owners at the court of peace of the place in which the said main property is located"
 
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Chasey

Member
How to open site court case
No you can defo go on your own without a lawyer if you know how the system works and speak the language
 

immac

Senior Member Has-Been
How to open site court case
You don't say where you are, or what the problem is, but if your local council has an arbitration facility you might try that to resolve an issue. Fethiye has such an office and they will try to mediate any dispute to avoid the legal process.

Another option is the 157 Advice Line. I know that that carries significant weight and is watched (and reports to) by local councils and district governor offices.

Neither cost anything, and don't stop you lawyering-up if they fail. Could also go in your favour if you can show you tried to resolve issue.

Ian
 
How to open site court case
You don't say where you are, or what the problem is, but if your local council has an arbitration facility you might try that to resolve an issue. Fethiye has such an office and they will try to mediate any dispute to avoid the legal process.

Another option is the 157 Advice Line. I know that that carries significant weight and is watched (and reports to) by local councils and district governor offices.

Neither cost anything, and don't stop you lawyering-up if they fail. Could also go in your favour if you can show you tried to resolve issue.

Ian

Hello Ian.Thanks for your helpful post. I have messaged you.
 

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