İznik was very important in Christianity, and the First Council of Nicaea met in the Senate Palace under the chairmanship of Emperor Constantine I in the summer of 325. The dates of Christian festivals and the 20-article text known as the Nicene Creed were adopted after this council meeting. Earthquakes struck in A.D. 358, 362 and 368, but you can still feel the city's greatness in old times. In the Ottoman era, İznik was the heart of fine art, culture and trade. There is a magnificent tile museum in the city. There is a lot I could write about it, but I strongly recommend that you visit the city and taste the delicious meatballs. It is a city well worth seeing.
Let's go back to legal matters.
The following question is from Mike: “Dear Berk, I have an apartment in Turkey within a block of just four. One of the owners will not pay the maintenance we agreed would be paid when we bought the apartments five years ago, by written agreement initially made in the UK, and subsequently by verbal and email majority agreement. I understand owners should have meetings once a year in accordance with Turkish law to agree the rules of their apartments, appoint officials and set budgets, but I have also been told that for small developments this is not necessary. Can you clarify the rules for small developments and the process I or all of the other owners can adopt to take action against the non-payer? Thank you. Mike.”
Dear Mike, I need to know if you have already prepared an administration plan or not. If there is an administration plan you can bring claims against the non-paying owner in respect of this set of rules. If not (I understand that there is nothing you have done about the maintenance of the building yet) you should first start making an administration plan, then ask him to abide by it, and if he fails to do so then you can take action against him. I would say that, even in the position of not having such a plan or meeting yet, you should be able to bring claims against this non-paying person in respect of the rights arising from the laws regulating neighborhood relations or joint use of a property or communal places.
What is an apartment administration plan?
An apartment administration plan is a set of rules which governs and regulates the relation between the persons -- tenants, landlords or owners -- who are living in a complex or hold the title of a property in a building. The administration plan mainly aims to regulate financial matters such as who will pay how much for the maintenance of the building, and the rules of the property including all details; having pets, use of water, waste management, etc. The plan is signed on every page by all owners or their representatives with a start date.
The owners form an assembly of owners which convenes every year and resolves to run the property. In order to change the administration plan, the owners' assembly should make a resolution in respect of the change with a majority of four-fifths of the owners.
If there is no resolution or clause in respect of the maintenance fees payment, then the communal expenses are paid in equal proportion by all owners. In the case of late payment, the interest rate for the unpaid communal expenses is 10 percent per month.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: 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.
