afletch1

Member
no post invitation just email invitation to owner meeting
Owners managed to take over the management of our complex in 2017. We are a small site of 16 properties. Mixture of nationalities. No owners live at any of the properties, hence, all communication is done by email. This included the invitation to the owner meeting the following year in 2018. Turkish builder who still owns 2 properties was angry we took the management away from him in 2017, he was ripping us off for the past ten years. We had the 2018 owner meeting in October and two weeks later the minutes were sent to all owners. Builder came to the meeting.
In January he reported us to the court saying we did meeting wrong we did not send invitation by post. He came to the meeting by chance and he left half way through because the meeting was illegal. Thats a lie he stayed until the meeting closed.
What do you suggest?
We are getting owners to sign a declaration that they do not live at the property and want all information by email.
We are getting owners to sign permission to change the management plan to allow email communication.
Should we do 2018 meeting again? Send postal invitation (even though owners are not there), tell owners what we are doing, not enough people will attend for the meeting, hence, the second meeting will take place and the chairman can vote through all the decisions that were made at the 2018 meeting?
Will this work???
Also, I thought owners only had 39 days to disagree with the minutes of the meeting they receive.
Lawyer is saying we dont need to do any of the above, we will win the court case. I am not sure, I want to make sure we win.
Needless to say the builder is in debt for no payment of his maintenance fees. The debt has been reported to the court.
Lots of questions above!!! But thank you for your help!
 

alva5763

Bodrum buddy
no post invitation just email invitation to owner meeting
There has been no change to Condominium Law regarding sending invitation by post. Some judges may accept that email is now acceptable but it is not legal method.
Post to all owners can be sent to their Turkish address. It is sent 'signed for delivery'. Proof is on the posting. If it does not get signature due to absent owner that is not a problem.
To change Management Plan requires 4/5 ths of owners to agree. Nothing in Management Plan can overrule condominium Law so judge could state change to Management Plan is illegal.
If you had enough members for first meeting why not the second? Remember they do not have to be there in person.
Who is taking builder to court? Who had permission in the past to collect fees? Was there a legal committee before?
 

afletch1

Member
no post invitation just email invitation to owner meeting
The builder did the management previously but not under condominium law, no yearly meetings, no accounts etc....everything he did was illegal. Eventually we, the owners got together and did the first meeting in October 2017 and took over the management from him. We have a bank account, decision book etc.
The builder is taking the chairman who the owners elected to court for not sending out postal invitation for the meeting in October 2018. If this meeting is invalid and not legal because of no postal invitation can we re-do the meeting? If we do this soon I know may owners cannot travel for this extra meeting as the yearly meeting in due in October 2019. However, we could get them to send proxy votes.
The builder is in debt now to management for his service fees on his two properties. His debt has been reported to the court.
 
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akbukowl

Member
no post invitation just email invitation to owner meeting
Owners managed to take over the management of our complex in 2017. We are a small site of 16 properties. Mixture of nationalities. No owners live at any of the properties, hence, all communication is done by email. This included the invitation to the owner meeting the following year in 2018. Turkish builder who still owns 2 properties was angry we took the management away from him in 2017, he was ripping us off for the past ten years. We had the 2018 owner meeting in October and two weeks later the minutes were sent to all owners. Builder came to the meeting.
In January he reported us to the court saying we did meeting wrong we did not send invitation by post. He came to the meeting by chance and he left half way through because the meeting was illegal. Thats a lie he stayed until the meeting closed.
What do you suggest?
We are getting owners to sign a declaration that they do not live at the property and want all information by email.
We are getting owners to sign permission to change the management plan to allow email communication.
Should we do 2018 meeting again? Send postal invitation (even though owners are not there), tell owners what we are doing, not enough people will attend for the meeting, hence, the second meeting will take place and the chairman can vote through all the decisions that were made at the 2018 meeting?
Will this work???
Also, I thought owners only had 39 days to disagree with the minutes of the meeting they receive.
Lawyer is saying we dont need to do any of the above, we will win the court case. I am not sure, I want to make sure we win.
Needless to say the builder is in debt for no payment of his maintenance fees. The debt has been reported to the court.
Lots of questions above!!! But thank you for your help!

Must be sent by post and signed for it given personally and signed for
 

afletch1

Member
no post invitation just email invitation to owner meeting
Yes we are going to do this for the meeting in October 2019.
Its the meeting October 2018 that he has raised a court case against us, we didn't send a postal invitation to the owners just email.
My question is can we re do the October 2018, send invitation by post, re vote the decisions. We can then submit this to the court in our defence.
 

afletch1

Member
no post invitation just email invitation to owner meeting
We could re do the October 2018 meeting one hour before the October 2019 meeting. That way we can have owners attending both meetings. Will this be ok?
 

akbukowl

Member
no post invitation just email invitation to owner meeting
I send an email followed by a recorded delivery and a covering letter to all owners ,the letter states that any items that owners want to discuss should be in the hands of the Baskan no later than Severn days in advance of the meeting ,a final agenda is emailed out after the closing date.
I print out a full agenda in both Turkish and English and we have a slide show as well.
Before business starts you elect a chair of the meeting and proceed to the accounts for the previous year you cannot move on until the accounts are agreed.
 

alva5763

Bodrum buddy
no post invitation just email invitation to owner meeting
Why do you need 2 meetings?
Why not have the proposals of the first meeting put into the October 2019 meeting?
 

akbukowl

Member
no post invitation just email invitation to owner meeting
Yes we are going to do this for the meeting in October 2019.
Its the meeting October 2018 that he has raised a court case against us, we didn't send a postal invitation to the owners just email.
My question is can we re do the October 2018, send invitation by post, re vote the decisions. We can then submit this to the court in our defence.

A judge can wipe out all previous decisions and appoint someone to run the site you need to demonstrate unity between the rest of the owners
 

IbrahimAbi

Grey wisdom
no post invitation just email invitation to owner meeting
Do you have copies of letters sent to builder when he was running the site asking for details of finances etc? These may be necessary, it seems to me that the builder is trying to get the judge to re-appoint him as manager.
 

akbukowl

Member
no post invitation just email invitation to owner meeting
Do you have copies of letters sent to builder when he was running the site asking for details of finances etc? These may be necessary, it seems to me that the builder is trying to get the judge to re-appoint him as manager.

Exactly
 

afletch1

Member
no post invitation just email invitation to owner meeting
Thank you for your advice. We are going to do meeting again, post invitations and use the same agenda. I have emails I sent to the builder asking for information about the accounts etc.... He is trying to find loop holes so he can take back control so he doesnt have to pay his debt money. He currently owes about 15,000TL in debt monies. Debt is reported to the court. At the next meeting in October 2019 we are going to ask voters to support management to apply to the court and put a charge/lieu on his properties.
 

alva5763

Bodrum buddy
no post invitation just email invitation to owner meeting
How many years does he owe? I take it that when he was on the Board he was exempt from site fees?
 

lippy

Member
no post invitation just email invitation to owner meeting
A very interesting post,we are never informed by post about when the AGM will be,not even by email,so does that make all previous AGMs illegal?Also is it a requirement by law that 50% of owners or their reps must be present and one vote per apartment/house.
 

akbukowl

Member
no post invitation just email invitation to owner meeting
A very interesting post,we are never informed by post about when the AGM will be,not even by email,so does that make all previous AGMs illegal?Also is it a requirement by law that 50% of owners or their reps must be present and one vote per apartment/house.

Not post alone but proof of sending the invitation (recorded delivery)or given personally with signature obtained.
A judge can cross out previous decisions if procedure is not in keeping with the law
 

enoch

Member
Top Poster Of Month
no post invitation just email invitation to owner meeting
A very interesting post,we are never informed by post about when the AGM will be,not even by email,so does that make all previous AGMs illegal?Also is it a requirement by law that 50% of owners or their reps must be present and one vote per apartment/house.
As I underdstand if a owner has a few apartments he only gets a percentage vote, I think it is 2 thirds.
 

alva5763

Bodrum buddy
no post invitation just email invitation to owner meeting
If owner has multiple apartments maximum voting is 33%. This stops a single owner controlling the site.
 

yalimart

The Carnwath Massive
no post invitation just email invitation to owner meeting
Surely he wouldn’t be excused any payment on both properties as site manager,

Martin
 

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