Just need a little help ...... I am over in the TRNC at the moment and a group of owners on the site where I have bought have organised a meeting regarding setting up an assembly to take over our existing management company.
I remember a couple of years ago that the law changed regarding over taking a management company and creating your own but can’t find anything about it.
Before I go to this meeting I would like to be informed of how it all works as they will be asking us to vote but at the moment I don’t have enough information and what I have been given I would like to verify.
This group of owners have been working with a Law firm to form a news owners assembly which is governed by strict TRNC laws so I just need to know if anyone else has any information regarding setting up an owners assembly to overtake an existing management company as not all owners will be at this meeting which worries me as I would have thought that all owners should be entitled to vote but it appears not.
One question I would really like to know is ....Do they only need a certain percentage of votes to overtake an existing management Company.
Thanking you all in advance.
Rights of Assembly .... New management company
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toonarmy
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Keithcaley
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Re: Rights of Assembly .... New management company
The law is called " FLOOR OWNERSHIP AND FLOOR EASEMENT LAW July 2010" - there may well be later additions/modifications...
You can read all of the TRNC Laws here - although you will need to translate from Turkish - Google Translate makes a fair stab at it.
There was a discussion on a now-discontinued forum, although the information is still available online, it was mentioned on this forum here. Also you can use the search facility on this forum - simply enter the word easement into the search box at the top left corner of this page.
My understanding is that although 'Due Notice' of such a Meeting/Vote has to be given, it is considered sufficient to post a Notice on the Site itself which could mean that 'absentee owners' don't get to know about it, although if they are aware of it, then they should be able to appoint a Proxy to attend in their stead.
The question also arises as to whether the 'Owners' are in fact the LEGAL Owners of the property, i.e. Do they have Koçans in their own names? - because if they don't then the original Builder/Developer/Landowner may still be the 'Legal Owner'... That is not to say that 'owners without Koçans' are powerless, but it does complicate the situation!
This is an extremely complex area of Law, and as you are in TRNC at the moment, I would advise you to seek legal advice rather than relying on hearsay from a Forum such as this - perhaps Naiomi Mehmet could be suitable - others may have different suggestions, of course
Without intending to impugne the integrity of any individuals in your particular case, it is as well to bear in mind that - in the past - the people organising such a meeting have been known to have had their own axe to grind, regarding it as an opportunity to line their own pockets, or to even a score with some third party.
You can read all of the TRNC Laws here - although you will need to translate from Turkish - Google Translate makes a fair stab at it.
There was a discussion on a now-discontinued forum, although the information is still available online, it was mentioned on this forum here. Also you can use the search facility on this forum - simply enter the word easement into the search box at the top left corner of this page.
My understanding is that although 'Due Notice' of such a Meeting/Vote has to be given, it is considered sufficient to post a Notice on the Site itself which could mean that 'absentee owners' don't get to know about it, although if they are aware of it, then they should be able to appoint a Proxy to attend in their stead.
The question also arises as to whether the 'Owners' are in fact the LEGAL Owners of the property, i.e. Do they have Koçans in their own names? - because if they don't then the original Builder/Developer/Landowner may still be the 'Legal Owner'... That is not to say that 'owners without Koçans' are powerless, but it does complicate the situation!
This is an extremely complex area of Law, and as you are in TRNC at the moment, I would advise you to seek legal advice rather than relying on hearsay from a Forum such as this - perhaps Naiomi Mehmet could be suitable - others may have different suggestions, of course
Without intending to impugne the integrity of any individuals in your particular case, it is as well to bear in mind that - in the past - the people organising such a meeting have been known to have had their own axe to grind, regarding it as an opportunity to line their own pockets, or to even a score with some third party.
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toonarmy
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sophie
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Re: Rights of Assembly .... New management company
I totally agree with KC on this one. Obviously we are not aware of your personal circumstances, however like KC I would strongly recommend you take professional advice. Its a minefield wherever or whatever country you are in, but here in the TRNC you can x 10 in complexity and legality.
