Didim Today

A Turkish proverb says, “Once you have property, you have a problem.” This proverb gently addresses the problems of the modern world and demonstrates the difficulties of having things. On the other hand, almost nobody can stop herself/himself from having things. I also find Tracy Chapman’s song mentioning “Mountains O’ Things” very meaningful.

A dear reader acquired property in Turkey and problems started to arise within a day of the purchase. This was a fortunate transaction, since many purchasers are not able to obtain their property after payment, and are thus subjected to fraud.

This is the letter from my reader:

“Dear Berk,

We recently purchased an apartment in Turkey. The week we finalized the purchase the complex had an annual general meeting, for which we did not receive an invitation. We would not have been able to attend as we had already booked our flights back to the UK, because we did not know about the meeting. It was the first ever annual meeting held at the complex.

Prior to the meeting a property management company had taken it upon themselves to charge people and do some basic maintenance and provide a caretaker. At the meeting not enough people attended — I think the required amount is four-fifths for the first meeting — and if not enough attend, a second meeting should be called within one week of the first meeting. If my understanding is correct, it is at the second meeting that the majority of people who attend the meeting — no matter how many — can elect the board and property management company. If I am correct, and this is not what happened, what action can remedy this? Only [the residents of] five apartments out of 21 attended the meeting and most of them do not know their rights.

They were told the meeting was to elect the board, and that the property management agent would remain without having a majority vote. Does this mean that as the process was not done according to Turkish law that we don’t have a board? Does this mean that we don’t have a property management company until the process is carried out correctly? The meeting was called by the property management company and not three property owners.

Kind regards, Janice.”

Can the complex convene an annual general meeting without properly inviting the flat owners?

No. This matter is governed by the Flat Ownership Act. Article 29 of the law stipulates that the flat owners’ annual general meeting be held at least once a year. This is the minimum frequency of gathering required by law, though flat owners may gather at any time when it is deemed necessary for the building. The timing of the flat owners’ annual general meeting is shown in the maintenance plan. If this is not shown on the maintenance plan, then the meeting should convene within the first month of every calendar year.

How should the flat owners’ annual general meeting be convened should a need for it arise?

The flat owners’ annual general meeting may convene when it is deemed to be necessary by flat owners at any time. The invitation is made by the manager of the building or statutory auditor, the person who audits and inspects the performance of the management of the building.

I will write more about this next week and respond to questions such as “Who should make the invitation?” and “What are the quorum requirements for an annual general meeting of flat owners?”

Berk Cektir http://www.berkcektir.av.tr The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it