Non payment of maintainence
I wondered what the situation is on a site when one couple do not pay their maintainence fees? They do in fact own 2 houses on a site of 24 so it amounts to quite a sum per year. The maintainence committee is in Ireland so I presume Turkish laws do not apply? One of this couple is in fact turkish , the other not although has lived in turkey for many years. Any info much appreciated.
 

abla

Member
Non payment of maintainence
I would say that Turkish law rules here.Not Irish.Pay up for gawds sake!
 

butt007

Warren
Non payment of maintainence
I understand that a lien (think it's called) can be put on the property for outstanding monies, this means that when the property is sold the debt has to be paid off first, same as in UK when a house is sold, the remainder of the mortgage is paid back to the lender.
Warren
 

Pete&Mag

Member
Non payment of maintainence
We had a couple of peope on our site ,way behind on payments. It added up to thousands. The association voted to sue them via turkish courts . We had already as a group voted that any late payments would be subject to 10% interest.So that goes on the bill sued for. We know its a long process but they will lose. one of them has decided to start giving the management company a good proportion of the rental yield of his property until the debt is paid. We also told them both that we were going to get a sequestration of the assets ( property) and sell it to pay the bills. I think that made them think a bit.
 

Tess

Member
Non payment of maintainence
Ruthie, may I ask what reasons the couple are giving to justify non payment of fees ?
I may be wrong but regardless of where the maintenance committee is based ie Ireland, I would imagine in Turkey you live by the Turkish laws and rules on sites.
Most of the residents on the sitesi I am in are owned majorally by Northern Irish citizens but that does not give us the authority to rule in Turkey.
Celtic our member solicitor would be well equipped to answer as to the legality of non payment and what recourse would be available.
I know you can ask him on a one to one for a nominal fee.
Hope you find a solution soon Ruthie, these kind of things really do take the shine out of happy holidays and friendly neighbours.
 
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butt007

Warren
Non payment of maintainence
A lien, so I have been told is done through a solicitor and notarised, it's a debt set against a property, which is paid when the property is sold.

If i am wrong about this, then my apologies, but it is what I have been told
Warren
 
L

les&Tasha

Guest
Non payment of maintainence
Warren is perfectly correct. After a judge has ruled the debt to be valid and payable you can apply to the Tapu cadestre and have the debt registered on the Tapu in the same way as a mortgage. If the property is sold the debt must be cleared before the Tapu can be transferred to the new owners.

Pete & Mag You have a lot to learn if you think that your threatening behaviour will get anywhere except a reprimand from a judge! The condominium and Sitesi laws are complex. The management committee must adhere to the law. If you have not then applying to the courts for enforcement may result in the debt being cancelled or greatly reduced. If you have not got legally audited accounts forget trying to sue. You will waste your time. In our building the management committee and 2 flat owners are going to court for the fourth time. Thousands of TL has been burnt with avocats. I reckon the result imposed by a judge is going to be a compramise we could have agreed 3 years ago.
 

alison09400

Moderator
Non payment of maintainence
As far as I'm aware an "Ipotek" can be put on to the property/properties making these people unable to sell without clearing their debt first.
We have a turkish couple who owe our sitesi 1000's of Lira and our Committee have done what I said above.
 

Mal Lisa

Member
Non payment of maintainence
If people are saying that they will not pay maintenance, because no maintenance is being carried out, or very little. Do we have a leg to stand on, so to speak, because if we do not pay maintenance they turn water and electricity off, and if we do pay the maintenance nothing gets done.

Any ideas, or is there something we can do.
 
L

les&Tasha

Guest
Non payment of maintainence
Mal Lisa,

If you have a habitation certificate for your property and the electric and water are in your name. The management agents cannot cut off your supply. However if you are on builder/developer supply they can. If you are unhappy with the maintenance then you must change the management agents. I simple majority of the owners need to agree to do this. I suggest you investigate further.

Ruthie,

Get the maintenance accounts audited. Go to an avocat and have a notorized letter and account statement delivered by the court agents to the people who are not paying. They will be given a period to respond. If they do not then the debt is validated and you can begin collection proceedings. If they do respond with counter claims then you will have your day in court - eventually...
 

celtic

Member
Non payment of maintainence
Sounds very logical and proper as if a professional Turkish solicitor is giving advice.

Congratulations.
 
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lynd

Member
Non payment of maintainence
We are in dispute with our builder because he has tried to charge us twice for our tapu.We paid him £3k to obtain our tapu (property cost £46k) and eventually we got our tapu but realising that we have paid over the odds we have deducted the outstanding amount from our maintenance charges until such time that he gives us a written breakdown of how the money was spent - however he is now saying that he will lodge the debt against our property can he do this?
 

lynd

Member
Non payment of maintainence
Just getting this post back on the main page in the hope that someone has some information
 
L

les&Tasha

Guest
Non payment of maintainence
Lynd,

Your dispute over the charges made for delivering your tapu and payment of your maintenance charges are separate issues. You cannot offset one issue against the other!

You are entitled to legally audited accounts of the maintenance costs. I suggest you go to an avocat and get a notorized letter written and officially delivered to the registered office of the managment agents. This will state that you are not prepared to pay the proposed maqintenance charges until you receive audited accounts. Your avocate will probably recomend that you pay a reasonable(nominal) sum towards the maintenance costs. This shows that you are willing to pay your share. Once such a letter has been written the management agents have a period to reply (and provide audited accounts). Otherwise you just continue to make these nominal payments. If you do this the management agent will not be able to get any debt for maintenance charges validated by a court. Only a validated debt can be charged against your property.

Your dispute over payments made for your tapu is a completely separate issue. Were you given a tax office receipt for the transfer tax? You should have paid 1.5% of the tapu transfer value. The other elements are a few hundred Lira each (earthquake insurance Tapu Cadestre fees etc.) You should again talk to an avocate on this issue. However recovering any money you overpaid will involve a legal case against the builder. Think carefully here. It may not be worth the hassle and legal costs.

Les
 

lynd

Member
Non payment of maintainence
We were lucky in that one of the other owners had a friend who was able to take us to the tapu office and obtain our tapu for us.The builder offset £1500 of our money against our service charges himself but still claims the other £1500 is for tapu costs (but not in writing of course)
 

stan

Member
Non payment of maintainence
What happens if for the maintainence payment you don't get the expected services do you still have to pay, I have friends who are supposed to get security and general cleaning of the communal grounds and there is no lighting (all bulbs removed) they are not paying but getting hassle where do they stand.
 

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