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accounts

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Old 07-07-2008, 21:00   #1
foreigner

 
Varsayılan accounts

Hello!
We have sent the message below to your forum about two weeks ago, but we cannot see any response. Have you received the message? Can you answer us?
Thank you in advance.
----

"We have a holiday apartment in a compound in the Antalya area, where all the owners are foreigners. The compound has been in use since 2005. The owners have fomed an unofficial “owners union” (it is not registered anywhere) with a “board” that is collecting maintenance fees and hiring a caretaker and paying expenses. I was a member of the board until May 2008, when a new board was elected. One of the owners has a “lawyer” who is representing her, and this “lawyer” now has started to ask for detailed accounts for the year 2007. We do not have this, as no one has asked for it before. The chairman of the board, together with another board member, looked through all the bills for 2007 and approved of the accounts, and the bills were then thrown away. The “lawyer” keeps saying that the old board will be held responsible for not showing the accounts. How is the situation for the old board, if the case is taken to court? I suppose everyone on the compound will be held responsible and not only the board members, who have acted voluntarily (without payment) on behalf of everyone?

There are maybe 1000 foreigners on 30-40 compounds in the Antalya area, which all function in the same unofficial way – should they all be taken to court??"
Old 12-07-2008, 10:17   #2
Av. Balkan Tunalı

 
Varsayılan

Dear Sir,
Your case seems a criminal one but not in the court yet. The accountant had to keep the bills for a period of time that was orders by law.
The board shares the responsibility however, as being a foreign and having an accountant there a reasonable grounds for you in defense. I strongly recommend you not to ignore the case..
Old 13-07-2008, 15:48   #3
Konuk

 
Varsayılan accounts

Thank you for the answer!
Are not the other owners than the board members responsible too? I did the cashier job: I collected the money, paid the caretaker his salary, and paid other expenses against bills from the caretaker. Is it me who is responsible for the accounts? It will be unfair to be reponsible for a job without payment and because the other owners wouldn’t do anything because of lazyness.
How long should the bills be kept (according to Turkish law)?
The discussion is about the accounts for 2007. Even without bills it is easy to find out what the money has been spent on, because it is visible on the compound. 56% of the whole collected money was the salary for the caretaker, which has been announced to all the owners. The person can confirm he has received the payment. About 17% for chemicals and electricity, which can also be easily verified. The rest of the money has been spent on easily visible things like a new grass cutter etc.

In case of a court case and if all responsibility lays on me, what will happen with me? Do I have to pay penalty?

We are by the way not sure whether the “lawyer” mentioned is really a lawyer, but he knows the law. He works with real estates.
Thank you for your time
Old 14-07-2008, 08:00   #4
Av. Balkan Tunalı

 
Varsayılan

Dear Sir,

http://www.barobirlik.org.tr/kimlik/

This is a link of Turkish Bar Association web page where all the bars have to associate. So that all the lawyers are listed as well. You should see the details of the lawyer, you are talking about, in the page when you type his name unless, he is not a lawyer. For instance, when you type "Hikmet Balkan" as name (adı) and "Tunalı" as surname (soyadı)in the page you will be seeing the details of me with a picture. I strongly recommend you to check the guy's name in the web page I mention.

As being the board, you responsible in all circumstances.
Old 17-07-2008, 00:11   #5
Konuk

 
Varsayılan

Hello!
I checked the link. The person is not a lawyer.
What Turkish law does this refer to? What is the number of the law? Can I find it in english on the internet.
I think we foreigners should know the law and I need in addition to know:
1- How long should the bills be kept (according to Turkish law)?
2- In case of a court case and if all responsibility lays on me, what will happen with me? Do I have to pay penalty?
Thank you
Best wishes
Old 18-07-2008, 08:04   #6
Av. Balkan Tunalı

 
Varsayılan

Hi again,
In the Turkish Legal system all the lawyers are equal(no barrister and solicitor) and have to register to a certain authority called TBB. If not than he is not only unable to act on behalf of you in a session but also can not counsel you as a lawyer.
I think google will be suitable for you to find English articles on various fields of law.
The length of keeping the bills changes according to the situation.I have to check the regulations in order to response you certainly.

Nobody can speculate about an end of any case before it starts. Even me, as a lawyer considering your case for few times can not due to no paper was read by me. I strongly recommend to counsel a professional.
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