Author Topic: Site Maintenance Co and Board of Owners (committee)  (Read 3750 times)

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Offline tonk

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Site Maintenance Co and Board of Owners (committee)
« on: March 30, 2015, 14:16:10 PM »
Hi Folks,

I own a property with my wife on a small complex in Ovacik. The site is very well maintained and kept very clean by the maintenance company (also based in Ovacik). That we do not dispute but last year when it came round to renewing the contract the maintenance company called the AGM and also asked for votes to be cast on new committee members. With this request they sent out proxy forms and several owners who could not attend sent them back to the maintenance company or gave their proxy to other owners. What ensued was that the proxies were used to vote in new committee members with some single member or the maintenance company having around 12-13 proxies each. How this happened when we only have 26 apartments I don't know as I'm sure TCL states no one owner shall have more than two additional proxies or 5% of the total votes.

The current committee (board of owners) called the AGM null and void but despite this the maintenance company notorised the results and would not change the defter to record the irregularities. Since then the committe have been bickering amongst the so called new committee members and some owners and to put it quite frankly a rift now exists which I'd like to see sorted. Likewise I'd like to make sure the maintenance company can't interfere or maniplulate the voting process in their favour to retain contract renewals.

I'm sure as the site is only about seven years old that there hasn't been any change to the original manangement plan and it looks unlikely due to the bickering that we'll ever get the required 80% owner votes required to amend the MP such that we take back control of the site.

I've seen other forum entries regarding this type of situation and would like to know the best way forward and also clarify we're operating in line with TCL so a few things first:

  • Can the AGM be held outside of Turkey ...last post I saw on this seemed to be "yes" but with caveats on votes required?
  • How many proxies can one owner or representative hold on a complex with 26 apartemnts?
  • How many committe members do you recommend?
  • I've built a online forum for the owners so we can all have a say on matters and even vote. Would this be legal if used for voting and then the votes transferred to proxy or consent form with the owners signature?

I was thinking about obtaining a copy of the MP from the deeds/tapu office but not sure if a) this will be of any use b) we'll ever get the agreement of 20+ owners required to make a change.

I've offered to run the forum free of charge to see if I can resolve the spat between the committee and it needs to be said that I have no other motive than to personally take back control of our site back ...not that it even appears to bother some owners so short of peeing in he wind can any of you offer any advice or point me in the right direction ...and I don't mean opposite to the wind lol

TIA

Offline Liz 101

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #1 on: March 30, 2015, 14:48:37 PM »
Not sure how anyone could have had 12 -13 votes each on a complex of 26 dwellings, as it it one vote / dwelling

To answer your questions

1) Not to my knowledge
2) Max of their own vote + 2 proxies - the main criteria is that no one person can hold more than 1/3 of the vote
3) On a site of 36 we have a manager, treasurer + site inspector

Cannot comment on 4)

As for not being able to get 80% of the owner vote, if the AGM is called & you don't have the required attendance, the meeting should be reconvened (& noted as such in the decision book) At the reconvened meeting, it is a simple majority of who turns up + the proxy votes available that carry the decision.

BTW it is for the committe to call the AGM, not the maintenance company. Our maintenance co do not attend the AGM or have any vote (though they could hold proxies if requested by specific owners & vote that way), as they do not own any of the properties. Have you made the maintenance co your site manager, otherwise, how could they notarise the decision book? Our committe have to present themselves to the notary office

Also, every owner should have a copy of the MP & one should be available in the decision book, we have never lodged a copy with the tapu office.

Offline tonk

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #2 on: March 30, 2015, 15:59:04 PM »
Hi Liz 101

Thanks for the reply it's much appreciated.

The early committee thought it was convenient to have the maintenance co owner handle bills etc for them so although I don't think the maintco owner was officially appointed they now feel they are also the site manager so hence they call the AGM ...at least that's my understanding coming in at a later date. Hence one of the first things I'd like see happen is this unofficial title revoked. I think the maintco should be nothing more than that as it puts them in a position of control.

As for copies of the MP we have never seen one ...I suspect it will be the original MP as lodged by the builder. I intend to get a copy when I'm out there next month

Regards


Offline Steve A

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #3 on: March 30, 2015, 20:02:15 PM »
I think legal advice would be better than asking on an open forum,in my view

Offline tonk

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #4 on: March 30, 2015, 21:22:16 PM »
True Steve but legal advice costs and will further split the mood at our site. My wife has a work colleague going through similar pain in Cyprus and has spent £housands already. I've read large chunks of the condo law but quoting it verbatum falls on deaf ears. If I can get some backup from others who have experienced similar problems it'll help me move in the right direction.

The AGM vote was definately null and void but again other owners are happy just to let things ride. I'm trying my best to stay neutral and keep the peace but my wife has suffered verbal attacks from some owners for trying to help them. If we step aside and let things ride like the others we can all look forward to hefty fees increases. Furthermore having just taken the contract renewal the maintco has sold out to another company ...is this allowed too?

Thanks

Offline Scunner

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #5 on: March 30, 2015, 21:37:43 PM »
A maintenance company calling a complex AGM is like your mortgage company choosing your next curtains - it's not their place to do it and they have no right to even suggest it! They are there at your request and work for you, you don't work for them!!

Offline tonk

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #6 on: March 30, 2015, 23:00:08 PM »
A maintenance company calling a complex AGM is like your mortgage company choosing your next curtains - it's not their place to do it and they have no right to even suggest it! They are there at your request and work for you, you don't work for them!!

Thank you Scunner. I don't want to name names but the owner of the maintco demanded my wife to their office. When I told them in no uncertain terms we don't answer to the employee they threatened to have my wife removed from the comittee. Fortunately the other members of the comittee rounded on the maintco and they backed off. I'm all for good relations but honestly their attitude beggered belief. More the reason I want them to understand the nature of employer/employee and give some respect that they earn good money from the owners

I'm not sure how to move forward with this as we'd proably have to have a vote to remove them as "unofficial site manager" and even that would end in argument. Which is why I started the forum so everyone could have honest open debate. It has voting facilty so I thought matters of any concern could be voted on democratically and even proxies could be assigned such that they aren't missused or abused again. The main thing being to keep the maintenance company out of our decision making process.

One thing is for certain I will push to make sure the next AGM is held without them present and the defteri should be translated by a noter of our choice

Offline Scunner

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #7 on: March 30, 2015, 23:08:58 PM »
Let them know that the owners of the properties on the site each own a percentage of the complex and when all added together it comes to 100% of it. The maintenance provider owns 0% of it and should remember that.

It's appalling that they think they have a say (or think they can dictate to the owners!!) on who or how things should be done. They have no claim to anything at all, they are there to carry out the wishes of the owners, whatever the owners decide between them. If it were a complex I owned a property on I'd get support to call and EGM and vote to kick them out at the earliest opportunity.

Offline c1

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Re: Site Maintenance Co and Board of Owners (committee)
« Reply #8 on: May 12, 2015, 19:56:28 PM »
I hope you resolve this issue, who are the maintenance company as I think we all need to be wary of this type of action.




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