Kalkan Turkey Forum - EnjoyKalkan.com
The Owners Lounge => General Discussion => Topic started by: Christina on June 18, 2015, 07:36:02 PM
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I wonder whether any owners in shared apartment blocks/complexes have any information or advice they could share to help with our problem please?
I own an apartment in a communal block where there is one other rental apartment, two domestic dwellings, and one holiday home. When I bought the property, I was surprised to find that there was no written agreement in place for sharing communal maintenance/utility bills, and a few of us used to sort out bill paying etc. informally between ourselves.
A situation has arisen over the past couple of years where the owner of the holiday home – a large penthouse apartment – is refusing to contribute to any of the bills or running costs as, although his family come from Istanbul to holiday in Kalkan for four months of the year, they claim they do not use the pool/terrace down below so therefore refuse to contribute towards its upkeep, both in terms of seasonal start-up costs and ongoing communal electric and water expenses. Communication is difficult because of the language barrier.
Obviously, at the start of the season there are hefty bills to be met – and we are talking thousands of lire here: pool draining/cleaning/regrouting/chemicals, pump servicing/repairs, pool filling, terrace cleaning/planting/painting. On top of that are monthly running costs – LED pool lights, communal lights around the terrace, plus daily pool and terrace maintenance by our pool team. The family have the benefit of having their property on an immaculately maintained complex, and looking down on a sparkling pool and lush gardens – all paid for by someone else.
Some other residents in the block work in Kalkan and also rarely use the pool – yet they pay their share of the building repairs and running costs. It should not matter how often you use the facilities – if you don’t want to contribute to a pool and gardens then maybe you shouldn’t buy an apartment which comes with those things. Again, some apartments are 2 bedroom, some 3, but four out the five owners now have to split all these bills equally four ways instead of five ways, while the other family live bill-free.
Separately from this, we believe there are errors in our billing which need investigating (electricity and water bills are twice what they were last year) – and this only adds to our frustration and expense. Now one of the owners has suggested that we have a formal residents agreements drawn up which is legally binding, and which requires all owners to contribute equally to running costs. Before I go to a lawyer to try to get such a contract drawn up, are there any forum members who might be willing to share their current agreements please – preferably in English and Turkish - or offer any advice? Thanks.
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Christina. There is a Legal document in Turkey called The Turkish Condominium Law and this covers this issue. You may wish to look at this before going any further. If you google it there is an English Version. Think I would also take advise from a Turkish Lawyer tho to steer you through the process. Good luck!
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I suggest you ask this question on the forum on http://www.turkishliving.com/ where you have the benefit of turkey wide experience. I know you need 8 apartments for the condominium law to be valid. I'm sure someone on there will be able to give you advice.
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I suggest you ask this question on the forum on http://www.turkishliving.com/ where you have the benefit of turkey wide experience. I know you need 8 apartments for the condominium law to be valid. I'm sure someone on there will be able to give you advice.
Kalkanregular. Where did you get the requirement for 8 apartments for the TCL to be valid?
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I may have worded it wrongly. For 8 or more apartments is related to a management committee. This link should help http://www.turkishliving.com/forums/turkish-legal-helpdesk/22514-turkish-condominium-law-634-english-translation.html
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My understanding is that condominium law applies to all buildings with two or more TAPUs sharing the same plot. Every owner is jointly and severally liable for all maintenance costs and Turkish Condominium Law sets out the basis for how this should be managed. However... what the law says and what the law does may not always be the same thing....
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Christina. Getting back to your original question, I think the Turkish Condominium Law will be the basis for your way forward and I think a visit to a local Turkish Lawyer is your next step. My experience on asking Forums is that you get others "opinions/views/interpretation, etc" and for your situation this may be misleading or waste time.
I think MartnE has it smack on in that whilst the TCL may be the Law, enforcing it is your challenge. However hard it may be, reaching agreement through dialogue tends to be the most effective way for people to co-operate and pay their share.
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Hi Christina,
We share our building with 4 other apartments and we only go out about 3 weeks of the year, others about 5 weeks and one apartment is occupied for about 25 weeks. So we simply add up all of the communal bills and divide them according to occupancy. This means that if you are there for a long period and want to use all of the pool lights and the garden lighting etc...then you pay for them accordingly. We are all happy with this situation and each year we pay into a kitty, so that the bills are all covered in advance. We top up our individual kitties so they all remain the same, those amounts vary according to the occupancy.
It seems to all work very well and we are able to pay our bills on time every year as the funds are already in place in advance. The accounts are all kept in place by one owner and are shared by email at regular periods to maintain transparency.
In your case the owners from Istanbul should be paying their share in exactly the same way. You may have to consider getting a local Turkish lawyer to act as your representative collectively to discuss and agree things going forward.
Hope this helps....
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Hi Christina,
You need to do some steps before you go to lawyer,
Need to get with other owners and chose a manager for apartment site, After go to an accountant he will register notebook in Kas noter , it is yearly plan and expenses notebook. And accounted will get tax number.(This is nothing to do with the tax)
Next step is open bank account.( All payments has to be by bank;Utility pool chemicals,management ...everything)
Manager will e mail or post every owner to payments need to get in the bank account.
If any owner doesn't pay their share manager can start legal action.
Your next question past payments, You email to whoever doesn't pay make date for payment if they still doesn't ; again you have right to start legal action.
That way they have to pay , no chance by legally,even you can get with interest money back.