Transfer of Property Maintenance

[TheBruces187]

I know from reading past posts that we are not unique in our current situation but I would welcome feedback on a few specific points. please.

The background; we have had our complex maintained by the builder for about 3-4 years and he has now sold all but 1 property. We understand that he is now going to move on and wants the folks who do the gardening and maintain the pool to become the Managing Directors for all maintenance. As far as we are aware, no owner has a seperate maintenance agreement. There is a meeting this coming Saturday, where we understand some sort of vote is to be held. A number of owners have received emails, from the folks who do the gardening, in not very clear English but we think we are being asked to agree to this change.

We appreciate that Turkish law differs from English law, so....

Questions? As owners, should we be invited to the meeting and have a clear statement upon which we are being asked to vote?

Can the builder simply decide to up sticks, with many owners having paid maintenance charges for a year in advance?

What are our rights, if the builder moves on and we have a contract that commits him to maintaining certain aspects of the building for 5 years?

This has all kicked off today and the meeting is on Saturday. We and many others owners are in the UK.

Any advice will be very welcome. Thanks to all.

[mac2010]

Do you have a writen contract for the years maint that you paid for.If so he should or appoint some one on his behalf to keep maintaining  the site until the end of the agreed contract.Then as owners you have the choice to choose  a company that you would like to do it and not have one thrust upon you.It is up to the owners to form a committee and and make these decisions.

[Liz 101]

Yes, as owners, you should be invited to the meeting 14 days before it happens & should have an agenda & know what you are being asked to vote for.

Our builder, many moons ago, also upped sticks & left us a bit in the lurch, though fortunately, it was during the winter, so no problems ensuring pool was maintained etc. None of us got a refund for monies paid in advance & because it was comparatively small beer, nobody could be bothered to go down the legal route & spend their holidays for the next umpteen years, pursuing anything through the courts.

Without a written agreement, you are probably on a hiding to nothing.

If the builder has already stopped maintaining the pool / grounds etc & as it's still mid season you will perhaps have to go with what's available, but ensure that the contract has a review date built in, so if you're not happy with the service, you have time to find your own alternative.

In the meantime, I strongly urge the owners on your site to form a legally recognised management committee in order to take control of all things relating to the site. PM me if you need details of how this should be done

[TheBruces187]

Thanks to you both for the repliies.

Steve. I don't believe any owner has a specific contract for grounds and pool maintenance. We do have a receipt for payments made for maintenance up to a date in the future, Not very solid, I appreciate.

Liz, I will try to email you via the forum, as I would appreciate any information you have available. The email function didn't appear to be working earlier. Thanks again, John