Petition For Receivable Lawsuit Regarding Dues and Common Expenses of Property Owners
TO THE JUDGE OF THE … MAGISTRATE LAW COURT
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : It is our demand for the payment of dues and common expense debts and delay compensation.
CLAIM VALUE :
(In cases related to property rights)
EXPLANATIONS
1) … Avenue … Street … Street … Apartment … Condominium owners’ board convened on …/…/ … date and our client was elected as manager in this meeting and has been performing his duty for ….. (ANNEX- 1) The defendant, on the other hand, has been residing in this immovable … apartment as a floor owner since …/ …/ … (ANNEX- 2)
2) The main immovable has caretaker expenses and each floor owner is required to pay a monthly fee of …. – TL for all these expenses. (ANNEX – 3) In addition, a common expense of …. – TL was incurred for the repair costs of the roof insulation and rain gutters damaged last winter. (ANNEX – 4)
3) In Article 42 of the management plan of the main immovable property, the rate of participation of the floor owners in common expenses is clearly determined and in the first paragraph of the article, it is regulated that the common expenses will be shared equally between the owners of eight normal floors and two penthouses in the main immovable property. (Annex – 5)
4) At the meeting of the condominium owners dated …/…/…/…, which was attended by the defendant, all condominium owners, except the defendant, agreed with the decision of the board of condominium owners that a total amount of TL …- should be paid for the expenses of the janitor, heater, gardener and watchman, and that TL …- should be spent for the maintenance and repair of the roof. (Annex – 6)
5) During the period when the defendant was a flat owner, …… TL as the dues fee for the months of … and … from the period of …… year and …. year, ……, …… and ……. months, a total of …… TL has not been paid, nor has he participated in the …. – TL expense that he should pay from the …… – TL expense made for the common expense of the roof. In addition, the relevant persons whose names are included in the witness list (ANNEX – 7) attached to our petition regarding this situation, if deemed appropriate by your court, will also provide explanations regarding the situation, and the expert and discovery examinations to be made will also serve to clarify the issue.
6) The defendant party ….. Notary …/…/… dated …/…/… dated … numbered notice (Annex – 8), but no payment has been made to date.
7) It has become necessary to apply to your court in order to collect the amount of … – TL for the dues and common expenses and the delay compensation of …. – TL, which it is obliged to pay for the days it is delayed in payment starting from the meeting of the board of condominium owners dated …/…/…, and a total of …. – TL from the defendant.
LEGAL GROUNDS : 634 S. K. Art. 20, 22, Annex Art. 1; 6100 S. K. Art. 4, 12
LEGAL EVIDENCES : …/…/…/… meeting minutes dated …/…/…/…, copy of land registry, janitor payrolls dated …/…/…/…, …/…/… and …/…/…. 5 invoices dated …/…/… and 4 invoices dated …/…/…, copy of the management plan of the main immovable dated …/…/…, minutes of the meeting dated …/…/…, …. . Notary Public dated …/…/…/… dated … numbered notice
CONCLUSION AND REQUEST
I hereby request, by proxy, to be ordered to pay … – TL for the dues and common expenses and the delay compensation of …. – TL, which he is obliged to pay for the days he is late in payment, starting from the meeting of the board of condominium owners dated …/…/…, and a total of …. – TL, and to decide to charge the court costs and attorney’s fees to the other party. …/…/…
ANNEXES :
1. Minutes of the meeting dated …/…/…/…
Sample of title deed
…/…/…, …/…/…/… and …/…/…/… dated janitor payrolls
5 invoices dated …/…/… and 4 invoices dated …/…/…
…/…/…/… dated management plan of the main immovable
…/…/…/… dated meeting minutes
Witness list showing the names and addresses of the witnesses and the issues they will testify about,
….. Notary Public dated …/…/…/… and numbered …
One approved power of attorney sample.
Plaintiff Attorney