Hi Patrice,
We set up our comittee last September. I believe it is current law so is already current act and in force. I think it has been for some years but only recently come to the forefront. Infact the first post is from 2011.....and it has been in existance before that.
you will need to hold an extraordinary meeting first of all offering 2 dates for owners to attend. This is to meet the legal requirement that if someone cannot meet one date (the majority) you offer a second date. If you all chat to eachother in England (guessing most owners may be British) the first date will probablly be ok. You need the majority (80%) at this meeting to be able to set the yearly meeting date which will then be the same date each year. Most management plans that builders have automatically make the 1st Jan every year as the meeting date. So you need 80% of the owners to agree to the new annual meein date to get it changed. Ours is now 2nd of May every year and will never change. You do not need to go to the Notary before hand....what I have learnt (and Im no expert, but picked up as Ive gone along) you need to:
1. send invites to all owners for an extraordinary meeting. The reason its extra ordinary is because your calling it outside the standard 1/1 each year date (that funnily enough, none of us Brits ever knew about) You can do this via email invite for who you are in contact with. If you have Turkish owners or other nationalities on your complex and have their email address you can invite the same way. IF people dont reply to your email invite. You need to send the equivelent of a recorded delivery letter to their apartment on your complex in Turkey. This prooves you have sent an invite and will be good enough in Turkish Law that they were sent an invite. If people choose not to reply, you can evidence that you asked them. Their vote automatically goes with the majoriy vote in the whole process and they cannot complain when you agree things without their presence......thats why its important to show you have invited them with documentation to that fact.
2. you send the invites with the dates shown. there is a basic form of yes I will be attening myself ...or no I cant attend but I give (whoever you nominate) my vote (proxy or POA) at the meeting. Any one can be their POA for the meeting. They can nomnate or leave it to be nominated on the day. For example. I own our apartment with my other half. We can represent our apartment BUT can also represent one other apartment each. So the 2 of us could represent 3 apartments in total with the other owners consent.
3. at the meeting........what I did was speak to 6 owners in England by phone ( were a complex of 10 so already had the majority vote)) and agreed the date. Then we put in black and white what we wanted as owners on the complex. The act covers so many things that are important like.....all staying the same colour as a building, no pets, no buisness to be done from apartments without prior agreement fro all owners, the list was exhaustive, but basically we wanted a neat and tidy complex without a brothel or kebab house being opened on site.......sounds daft but you would be amazed what can happen!!! the act does cover all this though. But what we decided wa to highlight this in our meeting minutes (called the resolutions book)
4. we decided what we wanted in our resolutions book. It covered who we were using as a maintainance company, that we all agreed to stay with them, that we all agreed to pay on time and if we didnt there would be a financial penalty and or court action. Any improvements agreed by the majority and when to be paid by. Any non payers would be taken to court. This was written in English by myself and then translated in Turkey to turkish for the notary.
5. once you have had your meeting get it stamped down at the notary, they take a photocopy...so its legal !!!! You will need to have a manager and inspectors and they have the power (once nominated) to make complex descisions without having to ask all owners. Example. We needed new covers round the pool cause the old ones were dangerous. " 2 of us on the complex are inspectors and have permission from the other owners to make descisions for the whole complex. WE agreed to have them replaced from the communial budget.
We have also opened an account for the complex owners where we have all put in £100 each for any court matters to take people to court or any unforeseen emergencies....we got a tax code for the complex to open the account and put itin our resolutions.
6. so every year the meetings should be easier and easier. We have no topics for discussion next year so our resolution book will probably read.1. remai with same maintainance company. pay on time and all prevous rules and standards still apply........ this will be cheap as chips to get notarised as it will only be a page.
hope this helps a little
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