Maintenance Charges

[kernowians]

Our contract says that we do not need to pay maintenance charges until we have our TAPU. We received our TAPU this February, but unfortunately we paid maintenance last year as we were asked for it, and were "green" then.

We pointed this out to our builder, who says " you used the property didn't you. You must pay."

Call me old fashioned but I was under the impression that the property was ours after we handed our money over.

If the contract says we don't have to pay until we get our TAPU how do you think this will hold up if we refuse to pay this year's maintenance charges?

He has threatened us with solicitors, and a monthly penalty charge until we pay this years charges.

 

[Peregrine]

get a lawyer of your own!

 

[kernowians]

Thanks. Very succinct.

 

[Sunny Seasider]

Peregrine always is. His advice is spot on.

 

[bobthenob]

As far as l am concerned[correct me if l am wrong,but you only start to pay the maintenance charges once your name is legally is on the tapu.lf the builder is asking for the money or any othr person,then he is exploiting the situation.Whether you have been using the property for years without the tapu in your name,doesn't mean you are legally binded to pay the charges.
Here is a link
http://www.turkishliving.com/forums...9-when-buyers-liable-maintenance-charges.html
The one that pays is the one that has the name on the tapu.So,please check to see who's name is on the tapu.And also find out at the register office if the tapu is registered in your name as well.
You can also find out from other authoritive bodies without paying anything,about this.l do think the buil;der is pulling a fasr one.lf the contract is legally binded,then surely the builder hasn't much to argue on.l think he is trying to scare you to pay.
l could be wrong

 

[Deleted member 13863]

You may also want to check to see that the Turkish version of your contract says exactly the same thing as your English version. They can and do vary something in the translation.

If you paid last year and you shouldn't have, do you have a receipt from the builder, this might help along with your contract to show you are in credit already.

Jolo

 

[kernowians]

Yes, we have a receipt. I am grateful for input - it was nice to hear somebody say the things we were thinking. It is good to have advice from somebody neutral. Thanks

 

[kernowians]

Your advice on this would be appreciated Celtic.

Our contract says that we do not need to pay maintenance charges until we have our TAPU. We received our TAPU this February, but unfortunately we paid maintenance last year as we were asked for it, and were "green" then.

We pointed this out to our builder, who says " you used the property didn't you. You must pay."

Call me old fashioned but I was under the impression that the property was ours after we handed our money over.

If the contract says we don't have to pay until we get our TAPU how do you think this will hold up if we refuse to pay this year's maintenance charges?

He has threatened us with solicitors, and a monthly penalty charge until we pay this years charges.

 

[tykatem]

We pointed this out to our builder, who says " you used the property didn't you. You must pay."

Call me old fashioned but I was under the impression that the property was ours after we handed our money over. .

.
I wish you luck in resolving this matter, but don't hold out much hope of you succeding. The property does not technically belong to you until you get the Tapu with your name on it.

Pete

 

[Peregrine]

Thanks. Very succinct.

OK, the long version

why did you pay? were you given a demand for payment. and in what form? Who asked you? did they tell you what the money is for?

how did you pay?, did you get a receipt?

could you explain what is meant by "maintenance charges"? what are they supposed to cover?

how much did you pay? (is it worth the hassle)

what is the status of the estate you are on? is it a Ko-Op? how is the paying and spending of the "maintenance charge" organised?

oh - dont believe the bit about "you only start to pay when you get the TAPU", it doesnt ring true (what was the source of that information?)

oh, sod it - just get a lawyer!! he will ask the right questions and tell you what your rights are (diont rely on hearsay and poorly informed opinion)

 

[kernowians]

It said, I will repeat this again for your benefit Peregrine, in our contract that we only pay when the TAPU is received.

Thanks for this - but why email us privately and be pleasant, and then post a public reply that is downright rude.

 

[KEN MOFFETT]

Hi abnettsu,
for its worth most people pay as soon as they get there keys,if you dont pay untill you get your Tapu,which in some cases maybe years who is going to pay the fees,the builder might be long gone by then, alot of times the contract does not stand up,
Jim

 

[Rob & Juls]

I agree with Jim. Every site is different though, we are happy to contribute as after all I want the place to be kept maintained and looked after! We are probably the only ones still waiting for the Tapu!
Rob

 

[kernowians]

I agree, we all want the sites to be kept clean and tidy, but at the end of the day right is right, and they are not backward in coming forward if they can get one over on us. I am sure the selling price includes money that can be used for maintenance.

 

[KEN MOFFETT]

As you say when you bought you were green, I take it you did not read your contract when you bought as you paid your first years fees when it said you had no need to untill you got your tapu,sorry but I think on this one you will have to put it down to experience. but maybe someone can hopefully prove me wrong! good luck anyway.

Jim

 

[juco]

Regardless of who is right and who is wrong and no matter what is in the contract it will probably cost more than the maintenance charges for legal fees.
So unless you can `win` without going legal they have you over a barrel.

 

[jearden]

If you press the issue, your builder will almost certainly argue that the property is legally his and you have no right to use it until you have the Tapu. Had you waited until you got your Tapu before taking possession then the contract clause would apply and no fees would have been payable.

 

[celtic]

Your advice on this would be appreciated Celtic.

Our contract says that we do not need to pay maintenance charges until we have our TAPU. We received our TAPU this February, but unfortunately we paid maintenance last year as we were asked for it, and were "green" then.

We pointed this out to our builder, who says " you used the property didn't you. You must pay."

Call me old fashioned but I was under the impression that the property was ours after we handed our money over.

If the contract says we don't have to pay until we get our TAPU how do you think this will hold up if we refuse to pay this year's maintenance charges?

He has threatened us with solicitors, and a monthly penalty charge until we pay this years charges.

Hi Kernowians,

You might have ignored such demands of maintenance if you had had such a strong contract with a clause in your favour. They couldn't have done anything further than starting the execution process that you could have also acquitted easily and stopped the process by submitting the contract to the legal authorities.

What you can do right now is filing a case to have the amount you payed recourse to your builder who was actually the liable one for these charges.

King regards.