20 of the Condominium Law. According to the article, whether you are a landlord or a tenant, you have to pay regular dues even if you have never been to your apartment. Your manager or any of the floor owners may file a lawsuit against you in the Magistrate’s Court for not paying the dues and demand that you pay your dues. He can also apply to the Enforcement Agency and carry out enforcement proceedings. You will have to pay 5 percent monthly delay interest together with the follow-up to be made by the Enforcement Agency.
Condominium according to the law; “the owners, unless otherwise agreed between each floor, the doorman, furnace, gardener and caretaker costs and for them to be collected to advance as equal; to the insurance premium of the main building, and maintenance of all public places, protection, strengthening and repair facilities such as pension costs and other expenses the operating expenses of the administrator and common share at a rate of advance will be collected for the expenses for their land are required to attend.”
Landlords (Condominiums) or tenants are OBLIGED TO PAY AN ADVANCE SHARE FOR EXPENSES related to common places and facilities, even if they do not use common places or facilities or do not need to use these common facilities.”
34 of the Condominium Law.Article 2 of the nu.according to paragraph NCI; The appointment of an administrator in apartments or sites with eight or more independent departments is mandatory.
317 of the Code of Obligations. According to the article, Tenants are obliged to pay the necessary cleaning and maintenance expenses for the usual use of the rented real estate. (They only pay regular common expenses, except for fixed expenses. Only Owners are responsible for paying for fixed expenses.)
SURPLUSES OF APARTMENT OR SITE DUES
CAN IT BE RETURNED TO OWNERS OR TENANTS?
According to the Condominium Law, dues paid on apartments or sites are in the form of an EXPENSE ADVANCE paid to cover their common expenses. DUES SURPLUSES that are not spent on a large number of apartments or sites for various reasons, but are in the safe, bank of the apartment or site, must be returned in CASH to the Owners or Tenants the following year. If the Owners or tenants of the apartments or sites request, these DUES SURPLUSES must be refunded and paid to the Owners or Tenants.
For example, if the actual expenses are 500 TL due to unspent expenses from the budgeted Dues of 750 TL on a site where you have been living as a tenant for 5 months, the Dues of 1.250 TL More than you have paid (750-500= 250 X 5 months= 1.250 TL) should be returned to you as a Tenant of 1.250 TL paid due to dues more than you have paid (750-500= 250 X 5 months= 1.250 TL).
General practices are that the AMOUNTS of INCOME – EXPENSE SURPLUSES that INCREASE due to expenses not spent from dues paid should be transferred to the next elected administration.
result:
Whether you are a landlord or a tenant, you have to pay regular dues even if you never visit your apartment. Your manager or any of the floor owners may file a lawsuit against you in the Magistrate’s Court for not paying the dues and demand that you pay your dues. He can also apply to the Enforcement Agency and carry out enforcement proceedings. You will have to pay 5 percent monthly delay interest together with the follow-up to be made by the Enforcement Agency.
Dues paid on apartments or sites are in the form of an EXPENSE ADVANCE paid to cover their common expenses. DUES SURPLUSES that are not spent on a large number of apartments or sites for various reasons, but are in the safe, bank of the apartment or site, must be returned in CASH to the Owners or Tenants the following year. If the Owners or tenants of the apartments or sites request, these DUES SURPLUSES must be refunded and paid to the Owners or Tenants.
For example, if the actual expenses are 500 TL due to unspent expenses from the budgeted Dues of 750 TL on a site where you have been living as a tenant for 5 months, the Dues of 1.250 TL More than you have paid (750-500=250 X 5 months= 1.250 TL) should be returned to you as a Tenant of 1.250 TL paid due to the dues more than you have paid (750-500= 250 X 5 months= 1.250 TL).
General practices are that the AMOUNTS of INCOME – EXPENSE SURPLUSES that INCREASE due to expenses not spent from dues paid should be transferred to the next elected administration.
Ahmet GÜNDÜZ – YMM