: 2017-12-05 Modified date : 2019-11-05
Investors in Turkey usually want to buy apartments in luxury residential complexes, which are characterized by basic services and additional services for the welfare of the residents of the complex. This entails collecting monthly fees from the owners of apartments in the complex called “Dues".
These fees will be charged for the provision of housing services such as heating, cleaning, security, gymnasiums, swimming pools, and similar services and facilities, which are jointly used by residents of a residential complex.
The monthly dues of the apartments are collected on the basis of a decision taken unanimously by the residents of the complex, in accordance with the floor property law.
The residential complexes resort to the specialized companies in every field of services such as security, cleaning, elevators and many other companies that carry out specialized professional services; the administration works to rationalize the use of available resources within residential complexes and to allocate them for use more effectively by residents of the complex.
Elevators are one of the most important items of expenditure in order to maintain their work continuously and ensure continuous maintenance.
The monthly dues are used by residential community departments to develop the residential complex, add additional social facilities, and bring smart solutions that make life easier for residents.
Mr. Nihad Donmaz, Advisor to the Department of Residential Complexes, spoke about 4 important ideas contained in the floor property law:
The maintenance of the security and cleanliness of residential complexes requires the use of specific resources, capacities, tools, and contracts. Meeting these needs will entail periodic expenses. Thus, These costs may increase because of the desire of the residents of the complex to add some additional means of luxury.
The basic needs are the provision of security, cleaning and maintenance services, all of which are mandatory in law and their expenses must be distributed to the residents.
The floor property law regulates the distribution of the management expenses of the complex to the residents, but allows for the determination of other special provisions by the management of the residential complex, such as the approval of certain forms of restricted distribution, according to several factors such as:
Accordingly, these expenses should be paid by the shareholders in advance. It is not possible to evade commitment to the approved division for any excuse.
Late payment of timely payment of 5% per month is applied to those who are late for the payment, and the delay is calculated on a daily basis, so that 5% is calculated for the whole month, divided by the number of days of delay. For example, if the value of the advance payment is $ 100 per month, the monthly delay penalty is $ 5, so the value of the daily fine 5 ÷ 30 = 0.16, multiplied by the number of days of delay. If the shareholder delays 7 days, for example, he will pay 7 days x $ 0.16 = $ 1.16.
According to the law, the management of the complex has the right to initiate legal dues against shareholders who do not make advance payments. These measures range from a claim to payment to a lawsuit, which may entail a legal mortgage on the property and may in some cases result in a transfer of ownership.
The operating project is an arithmetic table in which the estimated costs of the residential complex are determined and the share of the single part (the unit of real estate) is calculated.
If there is no approved operating project, then the manager of the complex sets a guess to divide the expenses to be paid in advance by each participant and informs the owners accordingly. The objections received shall be considered for a period of 7 days, after which the division shall be approved and passed by the Board of owners.
The final decision to be adopted by the Board of Owners, a final decision shall be considered enforceable, and the only reference to objection shall be through the competent courts.
Residential complexes expenses are determined based on the above-mentioned operating project. If no special provisions are included in the management plan of the complex, in this case, the division of dues is determined under article 20 of the floor property law.
Where the relative distribution of dues is determined as follows:
Edited by: Imtilak Real Estate ©
Source: Emlak kulasi
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