I have consulted some of the other foreign owners and they are refusing to pay until the apartment owners meeting is held in the summer when they will demand further explanation. Can you please advise? Please kindly find the letter from the management: It would appear, according to the Land Registry, that there are 48 apartments on the ... Estate Complex, when in fact there are 42 apartments. And in accordance with Land Registry procedures, the numbers of the apartments must start from no. 1. This could constitute problems for us in the future. For example, if the owner of No. 9 in A Block, whom we know to have obtained a loan from the bank, does not pay his debt to the bank, because of the discrepancy, the bank could seize property No. 11 in A Block. Some people could face difficulties. The owners, according to the Land Registry, of apartments 1 and 2 in A Block, 1 and 2 in B Block and 1 and 2 in D Block could come forward demanding their places or the money, and take us to court.”Underlining the problem
There is a saying in Turkish, if I may interpret it, “A decent sinner confesses everything when he is praying.” Apparently the seller made a mistake when selling and registering the properties. I understand that the properties do not match the site plan offered during the sales process. You should be able to prove this if you have kept the records of purchase and marketing materials from the company. If the problem is based on this miscalculation or mismatching, then all costs should be borne by the company (the seller) and it should be the seller who should rectify this problem. Let’s keep reading the letter:
“In order to resolve these problems, the owners of apartments 1 and 2 in A Block, 1 and 2 in B Block and 1 and 2 in D Block will waive their rights by selling their plot shares to us, the 42 owners. For this business to be carried out, the 48 apartment owners need to either give a power of attorney or be present at the Land Registry at the same time. Following the sale and purchase procedures that will take place at the same time, the new plot shares for the 42 properties will be calculated and new easement will be put in place.”
This is a huge undertaking. I would recommend that you limit the formulation of the power of attorney. It is very important that the owners see the before/after comparison in the formulation. The power of attorney should demonstrate the current status of the complex, the distribution of ownership, and it should also show the distribution of the ownership after the changes in the land registry. Otherwise, if you give a power of attorney with unlimited powers, you may come to find an unwanted distribution of the properties. Let’s keep reading:
“The authorized persons have stated that unless the new easement has been put in place on no account will we be able to convert to independent ownership or obtain our title deeds with independent ownership designation. The amended project with the numbers of the apartments starting from 1 will be submitted to the Land Registry. New title deeds with easement designation will be issued for the 42 apartments by calculating the new plot shares. Then, with all the new title deeds and the Habitation Licenses we obtained previously we can apply to the Land Registry and obtain our title deeds with independent ownership designation. If you do not delay and can send the powers of attorney as soon as possible, we can complete this work with the minimum expense. At present, you are required to send TL 500 to the following account at the Kuşadası branch of … bank; thank you for your help and understanding. Management Board. P.S. We would be very grateful if you would send the necessary power of attorney and the fee of TL 500 by Feb. 28, 2010.”
The expense per property “at present” is TL 500 TL; 500 times 42 makes a significant amount of money. The management board should explain for what this is needed exactly and should also provide a breakdown of the expenses and fees.
As I have pointed out, it is also important to know who should pay for the expenses for rectifying this problem. I guess that this has nothing to do with the property owners and should be the seller’s fault. Please check the documents you provided to the company when first registering the property. You will be able to see who is responsible for the wrong numbering and non-matching application.
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.
