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tapu deadline
Here are the issues on what to do with the tapu,before the deadline of Novenber of this year.Copied from the voice newspaper

EXPATS who fail to get their title deeds on their apartments or houses in complexes fully completed by November this year could face fines of 1,000 TL each, Voices can reveal.

For the past few weeks, there has been growing anxiety in the community about rumours that residents need to get their tapus completed – essentially this means the tapu certificate having a tick in the left hand box (KAT MULKİYETİ).

Most tapus have a tick or cross in the middle box (KAT İRTİFAKI), but many residents believe this to be the conclusion of the buying process.

In fact, residents who have been issued with a tapu with a cross in the middle box need to obtain a certificate of habitation from the Belediye to support the process for the tapu to be ticked in the left hand box.

Once armed with a certificate of habitation, residents need to decide on how they go about getting the final process completed.

But the bottom line is that if this process is not completed, then by government law, each individual owner could face a 1000 YL fine.

It appears that this law, passed on November 2007, gave residents a two-year honeymoon period to get the matters soughted. Hence the November 2009 deadline.

Voices Newspaper obtained a statement from Didim Governor Ali Katırcı about the issue – which will affect apartment owners not only in this resort but across Turkey.

Mr Katırcı said that in accordance with the Condominium Ownership Law dated 2007, holders of storey easement rights have to get their condominium ownership by November 30; otherwise they will pay a fine of 1,000 TL.

He said: “The Law regarding amendment of Condominium Ownership Law was accepted in the parliament on 14 November 2007.

“The law sets to solve the versatile problems raised by the practice of subsidized houses and to have the new houses built to meet the needs of the era and supported against earthquakes.

“The Condominium Ownership Law concerns everybody who live in apartment blocks or sites.”

Mr Katırcı said: “For those buildings which had the storey easement and completed the building and got the licence before the law, condominium ownership is required within two years of the issue of the new law.

“The holders of storey easement right have to get their condominium ownership by November 30; otherwise they will pay a fine of 1,000 TL.”

Help from the Estate Agents Association

Didim Estate Agents Association Chairman Osman Coşkun thinks that it is unlikely that they will start fining people for 1000 TL as of end of November 2009.

Mr Coşkun spoke to Voices and said that the British residents should not panic about this.

He said that those who prepare their documents and bring it to the association’s office across from the tapu office will have their procedures completed in exchange of small donations to the association.

Coşkun said, “In Turkey many of the buildings do not have condominium ownership. It does not seem realistic that everyone will complete by November. So instead of fining, the government may choose to give extra time. But then, you can not rely on this possibility.”

Osman Coşkun said the contractors are responsible for following the condominium ownership procedures but in buildings bought before the condominium ownership was obtained, if not specified in contract, the expenses for the procedures will be paid by the property owner.

Other highlights of the law are:

Nobody will be able to make amendments in their houses as they wish. The columns within the shops and galleries will not be allowed to be cut. The balconies will not be painted in different colours.

EARTHQUAKE EXPENSES: The expenses made to reinforce the building against earthquakes will be added to the general expenses of the property. Those who do not pay their share of reinforcement and advance payment will pay a monthly interest of 5%.

UNRULY NEIGHBOURS: The law brings new regulations for unruly neighbours. Those who make life difficult for their neighbours by not paying their cooperative share, monthly fee, maintenance fees will have their houses sold by court decree. The house will be sold at its value at the time of the court decree; the previous law had it that the house was sold at the value at the time of the case was opened and since the cases lasted very long people would be in great loss. If a house was 50,000 TL at the beginning of the case, by the time the case was resolved its value would go up to 100,000 TL but it was still sold for 50,000.

THE MANAGEMENT BOARD WILL MEET EVERY TWO YEARS: The elections for the site managements will be held biannually. The present system had it that it was elected annually. In sites where there are several blocks, it was taking almost a year even to gather the voters.

THE COMMON AREAS TO BE RENOVATED BY PERMISSION: If one of the flat owners wants to do construction, repairs and installation, different colour paint on the exterior, he will have to get the written approval of 80% of the other flat owners. If the urgent need for a repair or for the reinforcement of the main building is approved by court then it can be done without the written approval of the other flat owners.

OPPONENTS WILL ALSO BE ABLE TO OPEN A COURT CASE: The flat owners who oppose to a decision taken regarding the block will be able to open a law suit for the annulment of the decision.

LIMITATIONS FOR RENOVATIONS: Without the approval of the neighbours, nobody will be able to cut the columns or the beams in their house. If it is included in the supporting system, no walls will be put down. Especially the shops under the buildings will be prevented from cutting their columns and beams.

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