When are buyers liable for maintenance charges
Please can you clarify for us when people who buy on a complex become liable for maintenance charges. Is it from when they sign an agreement to purchase or is it from when they receive the tapu? Any help on this would be most appreciated. Sue
 

Lynda T

Member
When are buyers liable for maintenance charges
Maintenance charges are payable from completion of the site. So, as soon as you have completed the sale on your apartment and paid your final payment and if the site is completed and ready for use. If there are properties still for sale, then the builder is liable for the maintenance charges on these.
 

jearden

Member
When are buyers liable for maintenance charges
Lynda T said:
Maintenance charges are payable from completion of the site. So, as soon as you have completed the sale on your apartment and paid your final payment and if the site is completed and ready for use. If there are properties still for sale, then the builder is liable for the maintenance charges on these.

Hi Lynda, I understood it was solely dependent on the terms of the contract.
 

Lynda T

Member
When are buyers liable for maintenance charges
Our site was completed July 2006 and owners who had completed their sale, ie. paid their final payment, were liable for maintenance fees. We were told this by our lawyers who were completely independent from the builders. We have 136 units on our site so we had a management company on site from completion of the site. They were put in place by the builders for the first 6 months after which time the owners committee sought tenders for the next 12 months.

What do you mean by terms of the contract? Is that your contract with the builders? If so, and they say in the contract that they will upkeep your site for a certain period for no additional cost, then that's great.
 

Guz1

Member
When are buyers liable for maintenance charges
Paul Clements said:
On a slight side not, is it usual/proper to have a seperate contract for the maintenance agreement and can one be asked for before a sale is agreed? Seems to be a lot riding on the mainenance side of things that if not properly wrapped up and come back to cause problems.

That's a very good point. I was told by someone working for an emlak that some builders use maintenance fees to cover the costs of back taxes and social security contributions of their workers.
 

red

.....
When are buyers liable for maintenance charges
We were asked to pay from the month we furnished even though the site had been completed prior to this. some residents think the fee is too much - £50 a month and have told the developer they aren't happy. we thought the hassle caused by complaining wasn't worth it we didn't want to cause bad feeling (the developer lives on site).
 

tyreel

Member
When are buyers liable for maintenance charges
You are liable for maintenance whenever the tapu is handed over to you. before it is the owners responsibility. But because the long procedure, most buyers start using the property even without getting the deed transfered. In this case you must pay your maintenance fee's. If you dont use the property than of course the actually owner has to take care about the costs.
 

Brad

New Member
When are buyers liable for maintenance charges
Hi all , we signed contracts in January 2008 and got our tapu in August 2008. We have received a bill for 1200gbp for maintenance from December 2007. This is the builders expences for maintenance security etc. but he says we need to pay our share. The actual fees are yet to be worked out as only 4 of the six villas are sold. Can we be held responsible as nothing was signed or mentioned to us re this charge or service. We think it is a rip off what are your views please? Brad and Loraine
 

Mushroom

Member
When are buyers liable for maintenance charges
I have been making the same enquiry with our lawyer and she informs me that after completion, the relevant dates for the start of maintenence fees are either when you stay there for the first time if you are going to reside there or when the Tapu is issued, which in our case was 3 months after completion and the first time coincidentally that we ever used the place.
I am now using that as the relevant date and I am also informed that in Turkey it is the norm to pay your fees monthly and not a year up front as we were requested and as it turns out, foolishly did.
We are learning as we go on !!
 

Lesley T

Member
When are buyers liable for maintenance charges
After reading these postings I am still SO confused about the tapu ( as well as the maintenance issue!) It seems that some of you have had to wait 7 months for your tapu and some of you have received yours in 3 months. So is the average waiting time about 5 months? I had planned to move out to Turkey in March but know (from this forum that I have to have my tapu) so am disappointed that it seems I will have to wait longer. So does everyone agree that it is better to insist that maintenance charges be paid monthly and not annually?

Lesley T
 
When are buyers liable for maintenance charges
We have a complex in Torba with 16 apartments. 12 apartments are British owned who have all been paying their maintenance charges. However the landowner has three apartments and has been refusing to pay the maintenace charges. Is there any way we can force this issue wiiyhout having to go to expensive legal costs, as ultimatley the British owners will have to stump this up as well.

Can anyone help!!
 

celtic

Member
When are buyers liable for maintenance charges
We have a complex in Torba with 16 apartments. 12 apartments are British owned who have all been paying their maintenance charges. However the landowner has three apartments and has been refusing to pay the maintenace charges. Is there any way we can force this issue wiiyhout having to go to expensive legal costs, as ultimatley the British owners will have to stump this up as well.

Can anyone help!!

Hi Mohammed,

There has to be a manager or a management committee in every complex with 8 or more independent properties. This committee is elected by the majority of the all properties' owners votes and may be someone among the owners or an external one as appointed in.

All expenses and incomes of the complex have to be formally written down in a casebook by this committee. The total sum of the expenses and charges of the complex written in this casebook is deemed to be the collective debt of all owners from now on. Every independent property owner has to contribute this charge with their portion in the complex. Execution process can be started for the ones who don't pay their shares of charge by the management committee behalf of the whole complex as giving an attorney the power.

Hope this helps.
 

jearden

Member
When are buyers liable for maintenance charges
Yes it's related to land share percentages. The owner of that tapu has to contribute the complex' charges in the percentage of the number stated in number '14' section.

The principle is clear, but what happens when a complex is made up of 3 or more land parcels, which is often the case. For instance one parcel with 10 large properties, one parcel with 20 small properties, and one parcel with common facilities. If as I understand, the fraction (percentage) relates to the land parcel not the whole complex, how is that equation resolved.
 

Tillyfloss

Tillyfloss
When are buyers liable for maintenance charges
We are also having problems with this issue at the moment. Our contract states we pay maintenance charges from the date the 'useable estate' (i.e. the apartment) is handed over to us). It still hasn't been officially handed over due to outstanding work/snagging and we do not hold the keys but we did use it at the end of May. We have therefore offered to pay maintenance charges from the beginning of May but the management company are insisting we pay from 1st January, which was when the site was handed over to them, despite the terms of our contract. We visited the site in April and our apartment was totally unusable and we had to pay to rent another. We are not the only ones with this clause in their contract and the others are standing their ground also, but the management company are now saying they will refuse access to the site for anyone who has not paid their charges. We have emailed our lawyer to help sort out the stalemate but she has not replied. We have tried to pay the charges (backdated to May) but all they say is we have to pay from January. Can you give us some advice Celtic?
 

matty

Member
When are buyers liable for maintenance charges
After reading these postings I am still SO confused about the tapu ( as well as the maintenance issue!) It seems that some of you have had to wait 7 months for your tapu and some of you have received yours in 3 months. So is the average waiting time about 5 months? I had planned to move out to Turkey in March but know (from this forum that I have to have my tapu) so am disappointed that it seems I will have to wait longer. So does everyone agree that it is better to insist that maintenance charges be paid monthly and not annually?

Lesley T

I would recommend that you pay monthly and certainly NOT annually!
Good luck and hope you get your tapu soon.
 

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