When a resident won't pay their fair share?

[micky mouse]

We to have a simular problem,our complex has no money due to past presidents wasting money and the fact that many turkish owners have never paid a penny since the place was built.Also,sadly we do have some english owners who owe monies.How ever,i understand that one villa has been taken back through the courts to pay off its debts,Thats why we are now paying over £60-00 per month,to keep the place going and every year the fees have been going up,sad.

[patch]

we had the same problem , some people think they dont have to pay , so we employed a solicitor and got a translation of the turkish condominium law . we are on a complex of 14 , we havent managed to get all money owing but have compromised and come to an agreement . we found this to be the only way .

[cathy h]

Our apartment block is only composed of 6 apartments, so we are not officially covered by condominium law. However most owners felt that to give everyone peace of mind, we would set up a management agreement. This cost 300 pounds for the lawyer and basically if anyone defaults, a charge can be put on their apartment at the deeds office which impacts any future sale. In addition, as an earlier member has said, interest on late payment can be applied and will be enforced by the courts. You need a majority (50% of those named on tapus) to vote for this. If some owners cannot be present for the meeting as long as they give POA to someone to vote on their behalf it ccan go ahead and a manager appointed. This can be one of the owners or it could be your maintenance company if you have one.
Cathy

[Gorgeous_bird]

The commitee (now defunct) on our complex wanted us all to sign power of attorney to committee members to make decisions on the complex. Is this something that others have done?

[Liz 101]

quote:Originally posted by Gorgeous_bird

The commitee (now defunct) on our complex wanted us all to sign power of attorney to committee members to make decisions on the complex. Is this something that others have done?

Technically, it's not necessary to give POA to committee members, if the committee is legally recognised, ie has been properly voted for, you have a decision book that has been notarised etc, the Manager (Baskan) can make whatever decisions (s)he sees fit for the good of the complex without any consultation

[Maisie58]

Liz you wrote:
'.... the Manager (Baskan) can make whatever decisions (s)he sees fit for the good of the complex without any consultation'

We have appointed our manager (Turkish) (as it happens, the maintenance company we use) but we did so on the understanding that her duties would cease after the year was up and we will either have to vote her in again (we are only 2 other owners on our board who will each present POA for the vote at our annual meeting). Am I right in my understanding? We have also been under the impression that it would complicate matters for us if we appointed one of our actual owners as manager - in terms of managing the payment of bills and work done in Turkey while we are in the UK. Have you any thoughts on this. We are thinking that we could perhaps manage the funds from the UK - sending out money as and when required to Turkey if need be.  thanks

[Liz 101]

Maisie

I've just returned from 3 weeks in Fethiye, so have just seen your post. Our Manager is in fact also an owner & he is largely in the UK, for my sins I act as treasurer / accountant & ensure that cash is sent to Turkey as & when required from our UK A/C (a Nationwide Treasurers A/C) either to our Turkish A/C or to the property management company. More often than not I get one of our UK owners will take the cash over, as this saves a large sum in bank charges. All the communal electricity bills are paid by direct debit from the Turkish A/C. Any large extra expenses are agreed in advance so that cash for this can also be sent over.

In addition to the manager & myself, we have a deputy manager, an ex-pat, who is also a signatory to the Turkish A/C. Our complex has approx 1/3 Turkish owners, so their maintenance is paid directly into the Turkish A/C. Small extra expenses eg replacement light bulbs etc are paid out of this A/C.

I know it all sounds a bit complicated, but it works reasonably well for us. There has to be a certain level of commitment from all the site officials, as there is always an element of spending some part of their time doing site business.

[bev]

I have an apartment on the same complex as Lynne and Liz, go the legal route. It works for us the committee work very very hard in making sure everything run as smoothly as possible.
You do have the advantage as you have three British owners and as long as you all agree you should be able to sort out this problem.

[SteveJ]

Thanks for all the advice. Our troublesome neighbour is still proving to be a problem and is refusing to pay his share. However he has put his duplex apartment up for sale and is asking £68k for it fully furnished which is a bit of a bargain as he paid £70k for it in 2008 unfurnished. If you or anyone you know is interested then email me via my profile for the web address.

[tribalelder]

This link does not work but if you drop the full stop after .com it will work