Complex Issues

[padraig]

The title of this thread couldn't be more apt. Is there anyone on the forum that can verify or discount the following facts in Turkish law. At a recent meeting with an accountant attached to the Fethiye
Belideye several residents from our complex in Gunlukbasi were told the following. The outstanding debts left by the property developer who built our complex 5 years or so ago after he went into liquidation will have to be met in full by the residents of the complex. This we have been told is Turkish law as after any block on the complex has been registered for 5 years will automatically be liable to meet the unpaid Sigorta payments to the government which are quite substantial. The outstanding monies due to contractors and subcontractors are also thrown into the pot. We have been told that each block will have a total figure put against it and the cost split equally between the number of apartments in the block. The residents who do not pay will be penalised finacially on an ongoing basis.If the whole complex which has a blend of UK and turkish residents as well as owners and Turkish families who rent does not meet the outstanding debt then other consequences are that no living permission will be granted or the worst case senario is the complex could be bulldozed. This is unlikely but is a last option for the Belideye. Is this genuine and can anyone verify this is current government policy locally,regionally or nationally.

[Scunner]

You need to get together and seek the advice of a solicitor - sooner rather than later. Were you aware you didn't have your living permission? One thing you need to be clear on from what you have said - don't think the people renting have any responsibility to pay anything, they don't. There is an owner somewhere for every rental property and it is the owner of the property who is responsible here. I have known ill feeling towards renters in situations not unlike this one and they really don't deserve that.

Are your agents helping - assuming you used an agent? Can you email me privately and tell me where the complex is we are talking about?

[padraig]

Hi Scunner, We were aware that we did not have living permission which was mainly down to the architect refusing to sign off the relevant paperwork due to non payment of his fees by the developer. We have tried unsuccessfully on several occaisions in the past to rectify this but a lack of willingness on the part of the architect to find a compromise and also the reluctance of some residents to pay any level of funding to resolve the issue has frustrated us all.
This issue is completely different as the failure to have living permission granted is only a consequence of all the outstanding debts owed to the government and contractors.

Your point about the renters on the complex is well made and I think the way I put it across has misled you as there is no ill feeling towards them and we are fully aware the property owners will be the individuals who will be responsible for settling the outstanding monies. I only mentioned them to paint a picture of the type of complex we have which sees to cultures integrated very well together.

I hope there is a common sense approach to this and we can find a solution  as the figures quoted per apartment are around the 6000 TL mark and for some residents irrespect of nationality this is a bit of a stretch.We have never heard of this 5 year ruling before and are
unclear if this is new legislation or not. It was also suggested to us that any of the apartments in blocks where the 5 year period has passed will have a block put on them at the Tapu office to stop any possible sales.

I will e.mail you privately with the name of the complex.

[Scunner]

Yes the 5 year rule is quite correct - after project approval you have 5 years to build it and get it signed off with habitation certificates (living permission as we call it). Once 5 years has lapsed you need to resubmit the project with full plans. You can see how strong the architect is and why they generally get paid - they are like the mechanic who can trust everyone because they hold the customer's car. Upset him and you won't ever win, and it sounds like he has used his power after not being paid.

I'd once again recommend Ozlen Ozergin, she has handled similar situations at my request and is something of a property law specialist these days. As I said earlier, the rules that are coming into effect are genuine and you need to start doing something now or things will get worse.

[padraig]

I have just received a phone call from a resident on the complex to let me know that this issue has been verified by a lawyer.What you have said scunner is correct and further backs up our predicament. The block which has been given a figure is close to the 6700 TL mark and the lawyer who has contacted the Belideye to verify this said they wanted payment within 2 days but then relented and gave them until the end of the week. The lawyer stated that the belideye are determined to recoup all the monies due and heavy penalties will be forced on anyone who refuses to pay.

I think the timescale is a little harsh for the property owners in the block that has been notified of the amount as no formal notice
or communication was given to anyone. We only stumbled on this as a result of a friendly word from a local retailer. I have at least the best part of another year before the 5 year rule comes in. Thanks
for your advice scunner and I have passed the name of the property lawyer on to the complex to help them if they need any further advice.