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BERK ÇEKTİR b.cektir@todayszaman.com Columnists

Off! plan


Unless you are a seasoned expat living in Turkey, the word “off” will not mean anything more than the English word “off.” For those who do not speak Turkish fluently enough to get the point of this sentence, the word “off” in Turkish means frustration. You say “off” when something is boring, frustrating or surprisingly negative.

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Here I have a new email about off-plan problems. It reads as follows: “Hello, my name is Linda. My husband and I bought off plan in 2005 and moved into our apartment in August 2007. They still have work to do to provide most of the facilities promised in our contract, the main one is to provide a generator. Our first meeting with the board of directors was cancelled. One of the directors is the site manager, the accountant from the main office is the auditor [smell the books cooking] and we have no committee. We have now been told what the service charges and rules are and are unable to pick our own tradesmen for repairs. The service charges are: 1 bed 800 euros per year /2 bed 900/3 bed 950/ and duplex and penthouse 1,100 per year. They also want for last year 1 bed 700 euros/ 2 bed 800/ 3 bed 850 /duplex and penthouse 1000 euros. It says in the paperwork that the amounts indicated list the due amounts that are calculated by taking the date of completion of each property into consideration, and will be paid into the bank account of the housing estate management... We would be grateful for any advice and also if you could give us a breakdown on the different item costs of housing. There is talk of getting a lawyer, but my husband and I are pensioners and don't want to pay out for one if we don't stand a chance of winning. Thanking you in anticipation”

In this case, the original names have been changed in order to maintain confidentiality. Dear readers, please let me know if you don't want your name to be disclosed in this corner otherwise I feel that I should be free to disclose them.

 Dear Linda, the fee seems to be excessive if the services do not cover indoor services such as cleaning the house, making up the rooms, etc. If it is only for the maintenance of the common areas like the pool and the gardens, I would say that this is excessive but this certainly depends on the features of the development. My educated guess says that the average maintenance fee for the common areas for an average complex with 60 compounds should be around 50 euros per month, making 600 euros per year. I don't know if this works as an example for you, but for my house in Bodrum, for lousy service I pay around 2,500 euros per year, and this only includes maintenance of the common areas, a not great but large garden and a swimming pool. I find this excessive.

Your problem needs special attention as there seem to be several details to be considered in making an efficient plan. I understand that you already have a kind of network or common communication group amongst the owners. I would highly recommend that you create a fund to pay to a good lawyer, and one lawyer can represent you all and solve this problem for you by taking the appropriate legal action.


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.

14 October 2009, Wednesday
BERK ÇEKTİR
   
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  Off! plan
  Two topics: work permits and child support
  A Phoenix fly
  A second chance to register your money and assets
  Can a non-national become a director of a Turkish company?
  A new expat’s legal guide: the basics of living in Turkey
  Bayram tıme -- cheerful letters
  Military service question
  Love, marriage and divorce
  Unregistered marriage and child support (2)
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  Incorporated companies under Turkish law
  Limited companies under Turkish law
  Fly Turkish Airlines
  Writing a will for your Turkish property
  What and why should I write?
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Columnists
ABDULHAMİT BİLİCİ
ABDULLAH BOZKURT
ALİ BULAÇ
ALİ H. ASLAN
AMANDA PAUL
ANDREW FINKEL
ASIM ERDİLEK
AYŞE KARABAT
BEJAN MATUR
BERİL DEDEOĞLU
BERK ÇEKTİR
BÜLENT KENEŞ
BÜLENT KORUCU
CHARLOTTE MCPHERSON
DOĞU ERGİL
EKREM DUMANLI
EMRE USLU
ETYEN MAHÇUPYAN
FATMA DİŞLİ ZIBAK
FİKRET ERTAN
GÜRKAN ZENGİN
HASAN KANBOLAT
HÜSEYİN GÜLERCE
İBRAHİM KALIN
İBRAHİM ÖZTÜRK
İHSAN DAĞI
İHSAN YILMAZ
KATHY HAMILTON
KERİM BALCI
KLAUS JURGENS
LALE KEMAL
MEHMET KAMIŞ
MICHAEL KUSER
MUHAMMED ÇETİN
MÜMTAZER TÜRKÖNE
NICOLE POPE
ÖMER TAŞPINAR
ORHAN KEMAL CENGİZ
PAT YALE
ŞAHİN ALPAY
SELÇUK GÜLTAŞLI
SUAT KINIKLIOĞLU
YAVUZ BAYDAR