Friday, November 16, 2012

Questions related to yearly fees

As an apartment owner in Turkey - and most other places too - you each year have to pay the yearly fees to related to the owners association.

These payments will then cover expenses for keeping common areas clean and tidy, usage of common electricity, maintenance of the pool, elevator checkups and so on.

How much to pay is decided each year at the annual general meeting (AGM).

This often leads to the following questions:

1) Can the AGM decide what ever amount they choose?
Yes and No. According to Turkish law on this matter an apartment owner can not be forced to contribute with payments to new facilities or improvements that are considered as being "luxurious and out of the ordinary".
That means, that in case the AGM decides to add an indoor pool to the complex or install floor heating in the gym area, then each individual apartment owner can not be forced to contribute, since both items will be considered as being improvements that are "luxurious and out of the ordinary".  
On the other hand no apartment owner can avoid paying fees related to daily operation of the complex and expenses for general repairs since they are both considered as a part of the daily operation and maintenance.

That leads us to another frequently asked question.
2) When must the decided fees be paid?
The Turkish law does not state when the fees should be paid, only that they MUST be paid.
The AGM - or the board in case it is not decided on the AGM - should therefor decide whether the fees must be paid once and in advance, in monthly installments or quarterly installments.
This decision is to be obeyed by all owners.
In other words: In case the AGM decides that the fees must be paid in once and in advance, every owner must do so.

In case some owners wish to pay monthly payments - for instance because of their economical situation - the board should consider allowing this, since creating unnecessary conflicts are in no ones interest.
But this is not something that the apartment owner can demand, it is solely something that the board can allow if they wish to do so.

This blog-post is written by 2Base Estate Agency & My2Base Holiday Homes
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