apartment factor / maintenance law in Turkey

[katmanjock]

Hi,
When we bought our apartment many years ago, we were the first to buy and our contract had communal areas pool etc will all be equally shared. When the other apartments were sold they were all sold under different contracts. As such we have been unable since day one to have an agreement between all , which has resulted , eventually, of no one paying for maintenance. We urgently require work to collapsed wall and sewage works but only three aparts are willing to pay . I read somewhere before that it's possible to set up a block factor which can legally bind all owners to contribute to the work. Unfortunately I can't remember or find what this is called in Turkish. Can anyone help point me in the right direction here. Thanks for any advice offered

Linkback: https://www.enjoykalkan.com/forum/index.php?topic=13667.0

[BeyazGül Apt.]

Might be a good idea to message Doc Martin forum on face book, good luck.

[BeyazGül Apt.]

Here is link to Doc Martin Surgery on Facebook.  https://www.facebook.com/groups/544167955696716/?ref=group_cover

[Christina]

I believe it is called Turkish Condominium Law. I looked into it myself last year, but it seemed quite onerous to implement and enforce without strong support. Here is a link with some background - good luck!

http://www.yellali.com/advice/question/271/what-is-turkish-condominium-law-law-no-634

[DRBD]

For those who are buying or have bought their property within in a condominium it really is so important to get such things as maintenance, pool maintenance etc dealt with otherwise it can cause many problems unbeknown to the owner. These problems can be extremly costly.   

[MartynE]

I think you will find you are bound by condominium law regardless of whether you have drawn up a condo agreement or not. Why anyone would not want to sort this out when they buy an apartment in a block is beyond me. Surely it's just common sense?

[bibi]

Hi there

All apartments are covered by standard Turkish Condominium Law and a copy of the "Management Plan" for your development is lodged at the land registry in Kas. This is called the "Yonetim Plan" and as an owner you can ask for a copy of it by taking your Tapu and ID to the Land Registry Office. They will charge you a photocopy fee.

If you are serious about resolving the management of your block  I would advise you the get a copy of the plan and then some basic legal advice as to its details. In particular any that differ from the standard condominium law. You have the right to call an emergency meeting (with certain protocols) to resolve maintenance issues, and at that meeting elect a chairman and start a proper annual meeting/decision process for your block. That meeting can discuss outside maintenance company offers and vote a decision on who will be your maintenance provider. Your meeting decisions can be formally recorded in a "Decision Book" (Karar Deft) which is notarised to make those decisions legally binding on all apartment owners.

It may sound complicated but its actually quite straightforward. If you follow this process correctly owners who do not comply with payment for items voted at the meeting, can be relatively swiftly prosecuted for non payment. In general you will find once they understand the block is following proper decision processes they will comply.

[katmanjock]

Thanks very much for all the informative replies.will be out shortly and will look into it. In the meantime I will look at the links provided. Thanks again, it's appreciated.