management for Ufuk Hillside
Hiya,

Thought I would start a new thread rather than pad out the holiday period thread with this stuff.

I found the following in this weeks edition of Fethiye Times which can be found at Fethiyetimes.com.

I don't know how to put on a link so copied and pasted it onto here.

The setting up seems staight forward as long as we can get intouch with every owner...it would seem from the closing line that once that is done it could get tricky! And I quote......................


If you live in a Turkish apartment block or in a property on a shared site Turkish law dictates how, amongst other things, the owners share costs, maintain common areas, carry out repair works and more.



The condominium law, Kat Mulkiyeti in Turkish, concerns not only private property but also business and other types of property where owners effectively own a freehold share of the wider property and land.

It covers a wide remit ranging from the initial easements through to how to resolve disputes for non payment of shared costs due.

It also states how owners should organise themselves for the management of the shared areas.

If you have just moved into a brand new development it is unlikely that the necessary management process has been up.

If on an older site you may also not have a process in place because it may be that, through ignorance of the law or other factors, someone such as the developer has decided to take over the management role.

But the law is clear that as owners you have the right to manage your property.

So what are the steps that need to be taken to get things organised and have your own management process?

•Firstly, you will need to arrange an initial meeting to get the ball rolling. At this meeting owners can be made aware of the requirements of the law and what steps need to be taken to get organised. At this meeting it can be decided who stand to be the manager or if a management company will be sought when the first official meeting is held.
•Next obtain the necessary books available from local stationers (Turkish name listed first):

◦DEFTERI - A book for the minutes of the meetings. This should be taken to the Public Notare who will stamp every page of the book and place a certificate on the first page of the book. A charge is made for this. Without the necessary stamps the book is unofficial and therefore cannot be used if subsequently a court case is taken over a disagreement.
◦ISLETME HESABI DEFTERI – A book for keeping the accounts – the income and expenditure. This doesn’t need to be stamped by the Notare.
◦GIDER PUSULASI – Receipt books for issue of income collected or expenses paid.
•Organise the first official meeting giving at least 15 days notice. At this meeting, where at least 4/5ths of the owners should be present, a manager/treasurer should be appointed.
•If 4/5ths cannot be present another meeting must be organised where the correct number will be present or a proxy vote obtained.
•Note the decisions agreed in the minutes and obtain the signatures on the book of those in attendance.
•Meetings should be held at least once a year.
So that’s the process to get set up and running. Now comes the hard part – getting agreement between the other owners as to what needs to be done, when and how much it will cost!

This article is intended to raise general awareness of the principles of the law. You should always seek professional advice! :kitapoku:
 

So

Member
management for Ufuk Hillside
I believe Ufuk HS is being managed at the moment by Hane Group.
Just give them a ring or drop them an email if you want them to help you all out with setting up your committee.

It is quite a daunting process and has to follow indeed a certain set of rules for your committee to be legal.

(google Hane Group Altinkum, and you'll find their contact info)
 

jearden

Member
management for Ufuk Hillside
Just going back to the article from the Fethiye Times.

Does anyone know where this statement comes from?
•Organise the first official meeting giving at least 15 days notice. At this meeting, where at least 4/5ths of the owners should be present, a manager/treasurer should be appointed.

And what is the origin and meaning of this statement?
•If 4/5ths cannot be present another meeting must be organised where the correct number will be present or a proxy vote obtained.
 

So

Member
management for Ufuk Hillside
•Organise the first official meeting giving at least 15 days notice. At this meeting, where at least 4/5ths of the owners should be present, a manager/treasurer should be appointed.

first; home owners are the ones that received their tapu (all other don't count)
4/5th is 80%, so 80% of all owners should be present.
e.g. your site has 100 properties, 50 are sold, out of those only 10 have a tapu, than those 10 plus the builder should be present to reach the 80% required.
The first meeting is usually where you appoint main members of the committee. However because these tasks are impossible to full fill from outside of Turkey, usually a manager (representing a management company some times) is appointed by the committee that will take care of things.

•If 4/5ths cannot be present another meeting must be organized where the correct number will be present or a proxy vote obtained.

it means if those people cannot come together, home owners can give a proxy to other owners to represent on their behalf. I believe each owner can hold only 2 or 3 proxies.

In general, invitations need to be send through regular mail in Turkish to the property address, any 3 home owners can call for the first meeting (on paper they need to sign it).

To do this thing right you should really get help and not try and organize this on your own, or with a small group of enthusiastic property owners.
Not to sound nasty, but if not done properly the whole thing is invalid....we all know by now Turkish law is complicated and not always 'logic' ;-)
 
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jearden

Member
management for Ufuk Hillside
Thanks So, but both of those statements are news to me, so where do they come from?
 

So

Member
management for Ufuk Hillside
I believe the 4/5 rule came into place with the last amendment of the condominium law in 2008. The proxy rule has always been there as far as I know (but I can be wrong), enabling owners to have somebody vote on decisions on their behalf
 

Merlin+

Member
management for Ufuk Hillside
Just going back to the article from the Fethiye Times.

Does anyone know where this statement comes from?
•Organise the first official meeting giving at least 15 days notice.

15 days is merely a suggestive dateline drawn from a pre-formatted draft.

sounds very much designed for a sitesi in a community where people are living
all year round and a pool of owners can be drafted without making enquires via rental occupancies.

And what is the origin and meaning of this statement?
•If 4/5ths cannot be present another meeting must be organised where the correct number will be present or a proxy vote obtained.

Arbitary unless pre agreed according to the articles set out and agreed by all members of the site/translated/notarised. 51% is ok as long as you all agree.
 

jearden

Member
management for Ufuk Hillside
Since no one seems to know where these two statements originated I feel safe in saying what I originally intended.

Condominium Law does not differentiate between the first meeting and subsequent meetings in terms of quorum. The two requirements are:-(a) more than one-half of the ownerships represented, and (b) more than one-half by plot share represented. If this cannot be achieved at the first attempt then the second meeting is arranged at which regardless of numbers, a quorum is established and decisions are made by majority vote. As always, one owner of multiple properties cannot hold more than 1/3 the votes available

You need to get advice on the difference between plot share and site share for your UFUK site, and how different plots are managed and combined under Condominium Law.
 
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Jon & Mia

Member
management for Ufuk Hillside
All of the above would appear to justify the suggestions that I have made in the email to all of the owners on the Ufuk Hillside (at least the ones I have addresses for)
Jon
 

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