Calis Beach and Fethiye Turkey Discussion Forum

Calis Beach Forum => Expat & Property Owners Q and A Forum => Topic started by: usedbustickets on September 02, 2012, 12:01:39 PM

Title: Getting the neighbour to pay up
Post by: usedbustickets on September 02, 2012, 12:01:39 PM
We live on a small development shared with two neighbours.  The pool and garden are maintained by a part time gardener/pool man, and we all contribute equally to all the costs, including the annual payment to the P/T gardener/pool man.  This has worked well until recently.

Our Turkish neighbour, who does not live in the house, cleared his house earlier in the year in order to 'help' with the sale of his property.  Unfortunately he now says that as he does not live there - he never has other than for brief holidays - that he will now not pay anything towards any of the the bills, including the pool, electricity and worst of all paying the gardener/poolman.  A really dirty trick on his fellow countryman who can least afford it >:(.  So we have bills going back to the beginning of the year that he needs to pay, and which he steadfastly refuses to pay.

So any advice that you can provide on what our 'rights' are on this issue, or any tactics we could adopt to make him pay (fair or foul!!) would be appreciated, particularly during a period when he is 'vulnerable' as he tries to sell the house.
Title: Getting the neighbour to pay up
Post by: Rimms on September 02, 2012, 12:08:41 PM
Drain the pool and throw some rubbish in it. Tell all prospective buyers that you can't get the other people on the development to pay for its upkeep. This will soon get back to your neighbour via his agents as people either turn it down or put in a silly offer
Title: Re: Getting the neighbour to pay up
Post by: Libra on September 02, 2012, 12:11:43 PM
Is there a written agreement showing how much to pay , how to pay , whom to pay , when to pay etc. ?

Who's name is written on the Bills ?   
Title: Re: Getting the neighbour to pay up
Post by: Scunner on September 02, 2012, 12:13:32 PM
Yes, agree with Rimms - also get some miracle-gro and keep the weeds watered. Not just a great time because he is selling, a great time of year because summer is almost done so outside isn't quite as important to you. Live with a bit of chaos for the time being because if you don't it could go on forever. Legally you can take action but it would not be cheap, and wouldn't be half as much fun. Shopping trolleys are highly recommended for the pool   ;)
Title: Re: Getting the neighbour to pay up
Post by: Libra on September 02, 2012, 12:16:26 PM
But as long as the house is not beeing sold , this uncertain and disturbing situation would continue , wouldn't it ?
Title: Re: Getting the neighbour to pay up
Post by: Scunner on September 02, 2012, 12:17:34 PM
If I was trying to sell a house I don't use, and the garden was looking very shabby, I'd have to consider paying my share...that's the point.
Title: Re: Getting the neighbour to pay up
Post by: usedbustickets on September 02, 2012, 12:23:46 PM
The communal area and pool electricity bill is in the name of the original developer.

There is no formal agreement in place on bills etc.

The suggested theme of making the place look shabby and drive down his price or drive away purchasers has been considered, but not eliminated, but the issues is that we still want the place to look 'nice', and use the pool.  Mind you I did laugh out on the thought of the drained pool with the supermarket trolley  ... a BIMS would be better one assumes than a Kippa ;D

Please keep the suggestions coming.
Title: Re: Getting the neighbour to pay up
Post by: Libra on September 02, 2012, 12:31:24 PM
So if nobody will pay the electric bill , Aydem may cut the electricity. How would this effect your daily life ( assuming pool time will be over soon )  ? If you too would not pay , there may be higher electric bills in the end , but if you do pay all the bills for others , you pay more than you should anyway. If you have time , maybe you should get some information from Aydem as how this would effect you ?
Title: Re: Getting the neighbour to pay up
Post by: Scunner on September 02, 2012, 13:56:59 PM
I am sure the extra costs that Aydem might charge to reconnect after an unpaid bill will be tiny compared with paying a neighbour's third share for communal maintenance.
Title: Re: Getting the neighbour to pay up
Post by: mac2010 on September 03, 2012, 08:04:01 AM
its not just Turkish neighbours that dont pay.English ones know all the same tricks as well complex living is a complex one. ???
Title: Re: Getting the neighbour to pay up
Post by: Libra on September 03, 2012, 08:15:08 AM
As one turkish proverb says "ev alma komsu ( komshu ) al  - don't get a house , get neighbours" .   
Title: Re: Getting the neighbour to pay up
Post by: usedbustickets on September 03, 2012, 10:47:53 AM
As one turkish proverb says "ev alma komsu ( komshu ) al  - don't get a house , get neighbours" .   
Yes that makes sense except for one drawback, as one wise Englishman observed "You can pick your house, but you can't pick your neighbours"
Title: Re: Getting the neighbour to pay up
Post by: Libra on September 03, 2012, 11:38:40 AM
Yes , that's true. Neighbours may change then and when.
Title: Re: Getting the neighbour to pay up
Post by: karenr on October 13, 2012, 19:48:31 PM
we have a committee and after 18 months it has been running...all our non payers (Turkish) were threatened with legal court action and have paid up!!!!! The condeminium Law protects us from that situation. I know you are not required to have a committee as there are only three BUt I cannot believe theres not a simular protection for people in your situation. Is it worth getting a one off solicitors letter sent to him stating you and the other owner are taking him to court for his 3rd share and if you win he will be expected to pay all the legal fees for this case. A letter shouldnt be anymore than in England....say £25.  Im sure a local solicitor would do this. Put a deadline of payment.......if no money.....get a court date booked. He will have no defese in court for non payment of his 3rd owing. Just because your not required to have a committee, theres still an expectation that people pay their way....Check with a solicitor but I feel the court can only find in your favour.....he has no excuse and will never win the argument.......... Goodluck, get the letter sent recorded to his apartment and his main home (so get it notarised as proof of sending)
Title: Re: Getting the neighbour to pay up
Post by: karenr on November 02, 2012, 23:26:55 PM
The communal area and pool electricity bill is in the name of the original developer.

There is no formal agreement in place on bills etc.


Our communial water bill is still inthe name of the developer so we were all (10 apartments) paying 1/10 of the water bill. the fact that it is still with the developer we were told we were still paying builders rates for the water which is higher than consumer.........why dont you (as we are doing) get the bills into individual payments...ie the water/electric  fitted to each apartment  so he will have no    water or electric at least!!!! I dont know where you stand legally as 2 apartments with one not paying ut its worth legal advice. Condiminium law helps o larger complexes but there must ne something there for your circumstances....all the best
Title: Re: Getting the neighbour to pay up
Post by: karenr on November 05, 2012, 10:02:49 AM
goodluck