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Our Statutes

Statutes of the Belek Holiday Residence



Statutes of the Belek Holiday Residence Homeowners Association
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§ 1 Name, place of business and legal status

1. The associations name is “Belek Holiday Residence Homeowners Association”.
2. Place of business is Turkey/Serik/Kadriye/Mah. 114 SK. Villa No.1 to 88
3. The business year is from April 28th to April 27th of every year.
4. This arrangement comes into force with effect from April 28th 2017 and substitutes completely the present arrangement "Villa Belek Resort Sitesi" dated 10.04.2012 and the supplement dated 28.04.2015.

§ 2 Aim of the Belek Holiday Residence Homeowners Association (in the following called “BHRHA” )

The BHRHA is an association of homeowners that have a common interest in the general upkeep and welfare of Belek Holiday Residence.
1. The BHRHA pursues no economic aims. The BHRHA is a non-profit association.
2. BHRHA pursues the non-profit goal of the preservation, care, repair, care and protection of the site.
3. It promotes services and measures for the common good of the public and members.
4. The BHRHA acts as contracting partner for contracts with third party persons in so far as they are in the interest of the community.
5. The BHRHA gives its members the possibility to exchange experiences and opinions and to take part at events of the association.
6. The BHRHA supports its members towards public authorities when it is in the interest of the community.
7. The BHRHA administers parts of the site which are not in the possession or property of the owners.

§ 3 Means of the BHRHA, Membership Fees

1. The means for the achievement of the BHRHA are generated by membership fees in Euro and other contributions.
2. The yearly subscription of the member's shall be paid for the current business year in advance.
3. The member does not receive any request for payment for the member's contribution.
4. The member is responsible to ensure that the member's yearly subscription is paid in EURO on time to the account of the BHRHA.
5. The board of directors of the BHRHA is entitled to fix the member's yearly subscription for the following business year according to demand between at least EURO 25 and maximum EURO 200.
6. Changes concerning the member's contribution will be told to the members by e-mail.
7. The member's contributions may be used only for reaching of the aims of the BHRHA and is not to be paid to members. Exceptions are expense allowances for activities for the purposes of the aims of the BHRHA.
8. Member's contributions are not reimbursable.
9. The means of the BHRHA are administered by the elected board’s Financial Officer separate from his private assets. The Financial Officer will carry out his duties as a prudent businessman or a trustee would do.

§ 4 Membership

1. All house owners can with registration at the land register become member of the houses from 1 to 88. For that a member's application has to complete the admitting form of the association. With the registration, the applicant accepts the statute of the BHRHA. All applications for membership are subject to the approval of the board.
2. The admission of house owners with a real estate in the site "Villa Belek Resort Sitesi II" needs the decision of the general meeting with at least 50% of approval of the persons entitled to vote.
3. The membership can be terminated at any time with three months notice to be effective on the end of the business year. The notice is to be directed by e-mail to the chairman of the board.
4. The membership ends immediately with death or sale with the transference of the property to the buyer.
5. If a member behaves grossly damaging towards the BHRHA, offends against the statutes, if he disturbs the life within the BHRHA grossly, he can be excluded with unanimous decision of the board of directors from the BHRHA. Against the decision of the management legal remedies are excluded.
6. The member loses with notice, exclusion, sales or death with ending of the membership all claims against BHRHA. Restitutions of membership fees do not occur.
7. Transfer of rights on third is excluded.
8. If a member does not pay his membership fee, the membership rests for the duration of the non-payment. During this time the member has no right to vote.

§ 5 Rights and Duties

1. All members own the active and passive right to vote. They have the right to take part in the meetings of the BHRHA and have one vote per semidetached house. It belongs to their duties to serve the interests and aims of the association to the best of their abilities.
2. The Members have the duty to respect the statute and decisions and to provide the statutory defined payments of contribution.
3. The members have the right to inspect all businesses of the BHRHA. The application for inspection is to be directed in written form to the board of directors.
4. A member of the community is entitled only by explicit, written authority by the board of directors to act in the name of the association or to appear in public.
5. The member recognizes unconditionally by his admission and accepts the decisions of the meeting of the members and the board of directors after their commencement of their liability.
6. The members are obliged to support the attempts and interests BHRHA with combined efforts. All members expressly refuse to get rich financially by the BHRHA.

§ 6 Owners’ Meeting, Suffrage

1. The annual general meeting takes place yearly on the April 28th of every year.
2. It can be paused on uniform decision of the board of directors for maximum a year.
3. An extraordinary meeting of the members can be called up any time, with unanimous decision of the whole board of directors or at the request of 25% of the members who have the right to vote.
4. The invitation for the meeting of the members and the definition of the agenda occurs basically after vote and in the name of the whole board of directors.
5. The place for the meeting is Kadriye or the closer sphere.
6. Every member and every person loaded by the board of directors is is entitled to participate.
7. The meeting of the members has a quorum, if at least 50% of the members eligible to vote are present.
8. If decisions of the meeting do not have a quorum in the absence of insufficiently available rights to vote, the decisions written in the meeting can be decided legally by additional written obtaining of the still missing number of approvals. The request on the additional approval is to be directed within 4 weeks from April 28th to the members who have not been present at the meeting and did not authority to others. In case of additional approval by a member, it is to be informed in written form to the board of directors within other four weeks. Afterwards sent approvals are invalid.
9. Every member who has paid the member's contribution for the new financial year is eligible to vote.
10. Members eligible to vote can be represented by authorization, given by the board of directors for the concerning meeting by another member who has right to vote.
11. A multiple right to vote given by authorities per member is limited to 10% of the eligible to vote.
12. The authorization for representation is to be signed legally by the principal and to give to the board of directors before the beginning of the meeting.
13. Wishes for the agenda items of the members for the meeting are to be sent 30 days before April 28th of every year to the board of directors in writing by e-mail.
14. Urgently necessary votes can also occur on the written way (e-mail), provided an unanimous decision of the management is given for it.
15. For legal decisions at least 50 % of the persons who have the right to vote must agree.
16. At least 66 % of the eligible to vote must agree to a change of the statute.
17. With danger in delay the chairman of the board may arrange without approval of the members the necessary measures together with the assistant chairman of the board.
18. The results of the meeting of the members have to be written and to given in written form to the members within four weeks after the meeting.
19. Every member has to take care that an effective e-mail address is announced to the chairman of the board about which the board of directors can communicate with the member and is allowed.
20. The board of directors is obliged to show the income and issues of the past financial year, an economic plan for the new financial year and to obtain approval for it.

§ 7 Chairman of the Board, Treasurer
1. The members amongst themselves elect a Board of directors consisting of 5 persons. It consists of Chairperson of the Board, assistant Chairperson of the Board, Board of Director Finances, Board of Director Correspondence and Board of Directors Assessor.
2. At least approval of 50% of the eligible to vote is necessary for the election of the board of directors.
3. The board members must be owners of a house within the Belek Holiday Residence and must have paid the membe
5. The meeting of the members is presented by the chairperson of the board.
6. The board of directors receives no reimbursement.
7. The board of directors can be deselected at any time with 2/3 of the eligible to vote.
8. The chairperson of board and the assistant chairman of the board are entitled individually to represent the BHRHA.

§ 8 Houses, Plot of Lands and Roads

The members undertake
1. To remove weed and refuse on the sidewalk bordering his property
2. To hold his property in a condition corresponding to the general view of the site.
3. To dispose of garden rubbish in the collective places supplied for it.
4. To dispose of no food scraps in the supplied places.
5. To dispose of domestic waste in the garbage containers put up for it.
6. To allow cared dogs only to move off-leashed on the plots of the house owners outside the site and accompanied.
7. Not to disparage the general view of the site with a facade new painting.
8. To a night lighting in the entering gate.
9. For the observance of the night's rest from 24.00 to 7.00 o'clock.
10. To a friendly, helpful and respecting the private sphere in contact with the other tenants.
11. To stimulate guests and tenants, to follow these rules.

§ 9 Other Legal Provisions

1. The present version of the statute is legally binding.
2. The BHRHA is liable with the association property. In addition, no personal liability exists for the board of directors and the members, for debts and obligations of the BHRHA.
3. The assertion of any liability and compensation claims from the activities of the BHRHA on the part of the members towards of the BHRHA and the board of directors are excluded, provided that the board of directors has acted not deliberately.
4. The language in the association is English. 5. Jurisdiction is Antalya/Serik

This version is a translation of the following original version written in German. In the case of disputes concerning the interpretation of the contents of the statute, only the following original version is valid.

Board of Directors, April 28th 2017