Management?

#1
I have just read an email from ORACLE about no longer managing our complex due to amount of new owners not paying their maintenance!

I'm wondering where that leaves us the owners who have always been good payers and happy with the service. The security of our apartments and maintenance seems to be a serious issue.
Does anyone know anything more about this or any possible solutions?

However if Oracle could not get the payments how would any other management structure get all the owners to pay.

Diane and Toney H3
 

Chinook

Senior Member
#3
Agree with grahamdady . There is a legal procedure within the Condominium Act where if the non payers do not respond to a formal letter that you can apply to the courts and then sell off the property and take the money owed from whats received. In my experience they pay up after the letter.
I presume ORACLE are legally appointed managers in accordance with the Condominium Act . As they have resigned you will need an egm to appoint new managers and certainly before you can start this procedure.
 
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#4
If it was a well managed management company this wouldn't happen and they would have got the fees etc.

Cheaper to put a debt on the owners tapus at the tapu office then going to court. And at the same time write to the owners you are going to do this if they don't pay within some days or so.

Why don't you manage by yourselves?
 

jearden

Senior Member
#5
If it was a well managed management company this wouldn't happen and they would have got the fees etc.

Cheaper to put a debt on the owners tapus at the tapu office then going to court. And at the same time write to the owners you are going to do this if they don't pay within some days or so.

Why don't you manage by yourselves?
Mehmet,
Can you explain your procedure for registering a debt against the title deeds without first getting a court judgement.
 
#6
John:

Since they owe the site some amount of money which you can prove since they haven't paid this should be enough to register a debt against they owners at the tapu officce. I am sure many will tell you to use a lawyer etc so you can use money but you don't have to.

Again since your management compay hasn't done this already etc. they are NOT worth to use. It's their JOB! Seems like they think we just let them pay for nothing really! Which I don't like ...

Isn't there any Turkish owners who pay the fees and are a bit decent. They can do it.
 

Chinook

Senior Member
#7
Cheaper to put a debt on the owners tapus at the tapu office then going to court
Write the threatening letter first . Either way it will need an EGM to agree to the procedure as its the site that is acting not an individual.

ARTICLE 25. – Should any of the condominium owners violate the rights of other
condominium owners to the point of making a nuisance of himself, by neglecting to fulfil the
obligations and failing to pay the debts incumbent on him under this law, the other
condominium owners are entitled to request the judge that the ownership right of the owner of
the said independent division be transferred to them.
 
#9
Hi guys- my concerns also,I am going out to Sunflower between 13th and 23rd,so fortunately I will be able to attend the meeting scheduled for the 20th.I will post a thread on here , once I have more info after the meeting.
Alan -B8
 

jearden

Senior Member
#10
John:

Since they owe the site some amount of money which you can prove since they haven't paid this should be enough to register a debt against they owners at the tapu officce. I am sure many will tell you to use a lawyer etc so you can use money but you don't have to.
Mehmet,
Are you absolutely sure about this from first-hand experience, or is this what you think is possible. In my experience the only person on site with legal powers to enforce debts is the Site Manager, and the Manager of the title deeds office will do nothing without a court directive.

If you do have first-hand experience then please talk me through it step by step because I am genuinely interested.
 
#11
John: The site manager or the director of board has the POA to do so. You don't need to go to court. Sure people will say you need to but you don't have to. When somebody owes you money you are allowed to put a debt on his values after the law. Hope this helps.

I just wonder what kind of site management did you have since they haven't done it before.

You should talk to the site manager you have used and ask WHY? they haven't done anything for it. And if you write a warning letter written by a lawyer i. e. you can put the lawyer's fee on the person who owes you the site fees.

Tell me isn't there any Turkish owners living there. If they are somebody should be able to tell you this and do it for you. Maybe they want you to use money on court etc. They know this takes years etc.

PS. Our site had a manager didn't want to collect money from those who didn't pay until we said it was there job! Even then we got wrong informations about what to do! Thank God we don't use them any more and we our account is NOT empty even some haven't paid for awhile cos they do mostly when they arrive from the countries sometimes etc...
 
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#12
Hi Diane & tony
I also am a owener on sunflower E1 .from what I understand we are ment by Turkish law ment to have a management committe.
Ours has always been oracle.and they say they can't take the non payers to court but a management committe can dont really understand that but that's Turkish law for you.plus also surely they can't make a decision without getting in touch with all oweners.there will be a few Brit oweners out there for the meeting.
 
#13
Hi guys- my concerns also,I am going out to Sunflower between 13th and 23rd,so fortunately I will be able to attend the meeting scheduled for the 20th.I will post a thread on here , once I have more info after the meeting.
Alan -B8
We won't be there in May but would be good if you can keep us informed.
Martin G5
 

sarah391

Senior Member
#14
I have spoken to Oracle and they are looking into proxy votes for those of us that can't be there for the meeting. I think they need to get appointed officially by the owners after a manager has been chosen and then hopefully they can use legal channels to go after non payers. I think part if the problem has been people selling up and not telling Oracle the names etc of the new owners as well as non/late payers.
 
#15
I don't really understand how we have gone almost 8 years without a committee?
I don't remember this coming up before or if it did it must have passed me by. I don't think we all get the contact or emails the same way, so some things clearly that are important we are not all aware of.
I think we all need to keep this open and keep each other up to date as possible at least till we have an outcome. Unfortunately we will not be at the meeting either we will be back before the 20th.
 

Chinook

Senior Member
#16
In my experience the only person on site with legal powers to enforce debts is the Site Manager
Only if he has authority from the owners on whose behalf and under whose instructions they are managing.

(Amended : 13/4/1983 - 2814/art.9) Legal action and execution proceedings may be taken
against condominium owners who fail to pay their share of expenses and advance payments,
by each condominium owner or by the manager, according to the management plan, this law
and general legislation. Condominium owner who did not pay all of his expenditure or
advance share is liable to pay delay compensation calculated by monthly five percent delay
interest for the delayed days.(1)
I have spoken to Oracle and they are looking into proxy votes for those of us that can't be there for the meeting
Be careful who you give proxies to and for what purpose . You certainly do not want to give them to the current management company. Proxy votes are covered in the Condominium Law. Also if the vote takes place at the AGM and there is not a quorum then a second meeting takes place one week later and does not need a quorum.

(Amended last parag. : 14/11/2007-5711/ art 16) One of condominium owners can use her /
his vote by the medium of her / his representative. One person cannot be assigned as the
representative to use more than 5% of the number of votes. However, as per the immovable
assets which are subject to forty or less condominium ownerships one person can represent
maximum two people.
 
#18
Hi Sarah
That's what happened to us we bought privately on sunflower sept 2010 it wasn't until may 2011 that we went into the oracle office to pay our maintaince that they even knew it had been sold .

Thanks Sarah

Vicky E1 sunflower.
 
#19
Unfortunately we will not be on site on the proposed date for the AGM if that is the correct term for this meeting, I don’t think so!! – Any idea how many owners will be there?
The numbers of Owners present I would have thought is very important with regard to any proposal voted on and so say agreed by the majority (as stated in the recent communication referred to)
I note that there is no mention of any other method by which that the majority of Owners can express their views which I’m sure cannot be legal e.g. by e-mail /post
Any views
 
#20
Hi Brian for what I understand oracle are looking into proxy votes.i believe there is only about 4/5 Brit oweners out for the meeting.we are not out till 9th June.

Regards vicky&kevin E1
 
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