Enforcement & bankruptcy · Legal information

If Enforcement Arrives for Site Dues, How Is the Decision Read?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If enforcement arrives for site dues, the debt is read from the decision or the ledger record in the annex. These proceedings are not rent proceedings. If the decision and the ledger are absent, the dues item is not completed. The heading of the paper shows whether it is a payment order or an enforcement order. If the heading has no vacation, the subject is a money claim. The dues tariff, the number of periods, and the amount are not added from this page if they are not written on the statement.

The section and the unit owner on the decision

The decision writes which expense of which independent section it relates to. The section number and the debtor's name are read side by side. If the name is not on the unit-owner line, the tenant is not treated as the debtor by themselves. The tenancy is under a rent claim. That heading does not build the dues decision. A sentence in the lease that "the tenant pays the dues" does not by itself change the debtor line on the enforcement paper. If the line shows the unit owner, the tenant is not made the debtor with the contract sentence.

If the section number is not on the decision, the flat is not completed from the site plan or from the door number. If more than one independent section belongs to the same person, each section's line is looked for separately. A section that has no line is not taken inside the debt. A record under a condominium easement and a record under condominium ownership is whichever the decision writes. A type that was not written is not chosen from a photocopy of the title. The title may show the owner. The title does not stand in for the management decision. If the owner has changed, the new owner's name is looked for both on the decision and on the enforcement paper. If there is no name, the old owner is not dropped from the debt as if a sale had happened. If a sale document does not stand in the annex, the transfer is not completed.

The general-meeting decision and the management writing

A general-meeting decision and a management writing may not be the same text. Which one was annexed as the basis is read from the annex list of the enforcement paper. If the list is blank, a decision is not assumed to exist. The Condominium Ownership Law No. 634 speaks of the common expense. The name of the statute does not produce a decision that is not in the file. If the page number of the decision ledger is not on the list, that page is not added as the basis.

The list of those who attended the meeting does not stand in for the text of the decision. The list may show who was present. The decision itself shows which section the expense was written to. The decision is not announced as invalid on this page because a signature is missing. Validity is not built while the text in hand and the annex list do not stand side by side. The management plan may mention the name of the dues. The plan is not the statement of the concrete period. If the plan is not in the annex, an item is not written as if the plan existed. If a decision of past years does not stand in the annex of this file, the old decision is not carried into these proceedings.

The item lines on the ledger statement

The ledger or the debt statement shows which items the decision was tied to. On the statement, the period, the section, and the item are on separate lines. If there is no line, more than one period is not joined as a single dues. The statement is not an invoice for goods or services. The basis of invoice proceedings is in the article on enforcement for an invoice. A lift invoice, a fuel slip, or a security contract is not put in place of the statement. If these documents are not listed in the annex, they do not open the item by themselves.

If the decision shows one section and the ledger shows another, the item is disputed. The dispute is built from the lines of the two documents. A missing line is not completed. If the dues tariff is not written on the statement, it is not put here. If a delay item does not stand on the statement under a separate name, it is not written inside the principal dues. An advance, a fixture, or an operating project may be separate names. A project whose name does not pass in the writing is not added to the dues sentence. If the sub-items are faint, the total line is not read as the debt by itself. If a receipt does not show which period and which section it was written to, it does not close that period.

The payment order and the enforcement order

In proceedings without a judgment, the paper is a payment order. If there is a court judgment, the paper may be an enforcement order. Which it is is read from the heading. The first separation of the payment order is under when a payment order arrives. The place of the objection is under objection to enforcement proceedings. An enforcement order is not written as the objection petition of a payment order. If the short decision of the judgment is not in the annex, the operative part is not completed from here. If the operative part writes only money, vacation is not added to the operative part.

The general order of attachment in the enforcement file is in the article on how attachment happens. That order does not stand in for the decision in the annex. While there is no decision, an account of attachment does not build the dues item. The file number and the date line of the decision should stand side by side. If the date is not on the writing, the decision is not tied as belonging to this file. If there is more than one enforcement file, each order's annex is read from its own list. One file's decision is not copied into the other file's annex.

The dues are a money claim, and vacation is separate

The dues are a money claim. If vacation is not in the heading of this paper, it is not the subject of the decision. A notice stuck on the door is not an eviction order. If the notice has no section and no debtor's name, the notice does not stand in for the enforcement paper. Delivery of the key, or the flat having been vacated, does not erase the debtor line. If a delivery record does not stand in the annex, the delivery is not treated as having closed the debt.

The internal account between the tenant and the unit owner does not change the debtor line of the enforcement office. If the tenant deposited the dues with the management, the receipt should show which section and which period it was written to. If the explanation is blank, the internal account is not treated as closed. If the management's receipt and the bank receipt conflict, the two documents are read side by side. One does not have the other treated as absent.

Site dues are not a public attachment

Site dues are followed at the enforcement office as a private-law claim of the board of unit owners or of the management. If the heading is the enforcement office, the statute is the text of the Enforcement and Bankruptcy Code No. 2004. Law No. 6183 on the Procedure for Collection of Public Receivables is not read in this file as the same procedure as the enforcement office. A tax office, a municipal collection writing, or a Social Security Institution letterhead is not the authority of the site dues. If those letterheads arrived, each is read from its own heading. A traffic fine, motor-vehicle tax, and a premium debt are not joined with the dues decision as an ordinary proceedings without a judgment.

If a bank notice arrives, the authority is read from the enforcement-office line on the notice. If the line writes a tax office or the Social Security Institution, the notice is not an attachment of site dues. If the notice has no office name, a dues block is not assumed. An insurance policy of the common area, or the municipality's property writing, does not stand in for the dues statement either.

If the manager has changed, the old management writing is not renewed by itself with the new manager's letterhead. If the new letterhead is not on the annex list, the basis is not treated as having changed. The trade name of the site or the apartment building is read from the creditor line on the enforcement paper. If the trade name does not match the short name on the signboard, the short name does not change the creditor. If there is more than one block, the block name is looked for on the section line of the decision. If the block is not written, the whole site is not joined as a single section.

An order that went out for the unit owner's debt is not added to the tenant's rent file. If the merits numbers of the two files are separate, the numbers stand side by side. If one number is blank, the blank one is not copied from the full one. A dues receipt is not a rent receipt. If the explanation has no period and no section, the receipt is not treated as having closed both files. If the debt table the management presents does not stand with the decision or the ledger in the annex, the table does not build an item by itself. If the table and the ledger conflict, the conflict is not closed with the total on the table.

A common expense and a fixture advance may stand side by side in the same decision. If the decision writes the two separately, two lines are looked for on the statement too. If the statement has a single line, the sentence of the decision shows which item was totalled. If there is no sentence, the two items are not made a single dues by being joined. If a temporary management and the principal management issued writings in the same period, each writing's annex list is separate. If the lists overlap, the overlapping item is not treated as the debt having been written twice. If the section numbers of the two documents are not the same, the overlap is not tied to this file.

Conclusion

In the file, the enforcement paper, the decision, and the ledger stand on the same annex list. If the annex list is blank, the basis is not treated as completed. The lease is not put on this list as the basis. If the heading has no vacation, the paper is not an eviction order. If the annex and the heading do not match, contact is for the documents to be read. The frame of the field stays on the enforcement and bankruptcy law page.

Legislation

Frequently asked questions

Who is the debtor on a dues order that came to the tenant?

The debtor is read from the name on the order and from the unit-owner line on the decision. The lease does not change this name. If the tenant is not on the line, they are not written as the debtor. A receipt showing that the tenant paid the dues does not change the name on the line by itself either.

Does a management writing stand in for the general-meeting decision by itself?

The basis is which document is shown on the annex list. If the list is blank, the decision is not completed. If the management writing is not on the list, it is not read as if there were a general-meeting decision. If the list has only the management writing, that writing's own lines speak.

Does enforcement of the dues vacate the immovable?

If the heading has no vacation, the paper is a money claim. Eviction of a tenancy is a separate file and does not come out of the dues decision. A common-expense decision is not renamed as an eviction judgment.

If more than one period is written on a single line, how is it separated?

The separation is in the lines of the ledger statement. If there is no line, the periods are not split. A tariff is not added either. The total on a single line is not read as each month's debt if the sub-periods do not stand.

If the annex list has only the enforcement paper, is the dues item built?

It is not. The item is read from the decision or the ledger line in the annex. If the list is blank, the period and the amount are not written. The general word 'dues' on the front of the enforcement paper does not stand in for the decision.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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