I would have said, though i am no expert, if the developer is taking maintenance money from you, then you have the right to vote. If you are not given the right, then do not pay the maintenance charge. They cannot have their cake and eat it!
I think you need the developers Power of Attorney to vote at the AGM. A friend recently had to get the POA of their developer as they don't have their tapu. Hope you get this sorted it is important to be able to vote for what you want especially if you are paying the site fees.
Ken (or is it Jim?): This question has been asked a few times in the past and the answer has always been that only registered owners are entitled to vote. An honourable developer would give proxy votes to people who had paid for their properties and were awaiting their tapu.
There are limits to the number of votes any single person (even one who owns multiple properties) can use. There are also limits to the number of proxy votes that can be exercised by a single person.
at the last two AGMs everyone had a vote even if they did not have a tapu(we have are tapu for the last 2 years)it is only this year the developer wants to move the goal posts ,as we want a change in maintenance management which at the moment is the developer!
Sorry, just realised that your question is posted in the Legal section of the forum.
Just one comment before I butt out and let the experts answer your questions.........
What happened in the past doesn't count. If the developer is digging in his heels you need to do your sums and see if you can outvote him. Otherwise work out the best deal you can and sit it out until you can count on enough votes.
Ken I cant remember where you bought, but it seemed at the time, that I thought you were with one of the decent cowboys.
BUt i think that if he wants to get nasty, he can stop your vote without the tapu.
good luck. band together with the other yabancis and try to deal with it as a group.......
let us know, it seems this question pops up from time to time, and is a very ambiguous thing......... I tell ya, it seems they re-write the rules as they go along to suit them.........
The law as written would be brilliant if you got your Tapu on the day of purchase but of course that is rarely the case so you end up in this state of impotence and in the grip of the developer. The owner is the one named on the title deed and he owns the vote. No one-owner of multiple properties can have more than one third the total available votes, so if your developer still owns most of the properties you will need to wait until more than one third of owners have Tapus to gain a majority.
In our case we caused our developer so many headaches by constantly scrutinising and questioning his maintenance expenditure that he eventually relented and transferred his voting rights to the purchasers.
When you do get to the point of holding an AGM I would strongly advise that you have good legal advice at your elbow. The law is very prescriptive and if you don’t fully comply some malcontent can easily get the meeting decisions overturned.
Hi, in the end we all got a vote,we then formed a new comm. of three to over see the site(private site not ko.op)this week they will hire a new manager who will be working for the owners and not the developer as before.thanks for all your replies Jim.
Thanks Pebble,yes we got it all sorted we think LOL,hope every thing is going well for you,lots of people from turgutries and gumusluk ask how you are feeling when they come in to the pansiyon,so take care Jim.