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A- GENERAL PROVISIONS
Clause – 1: On condition that the
governing provisions of the Act of Independent Ownership No.
634 and the Management Plan are observed, “GREEN VILLAGE VILLAS
ESTATE”, which comprises 62 residences with a total of 31 independent
units and various communal areas and infrastructural installations,
all of which have been constructed on parcel 1 , plot 2228,
located on sectional map no. 15M-3 for the neighbourhood of
Türkmen mahallesi Degirmen önü in the district of Kuşadası,
province of Aydın, in accordance with Municipality approved
projects, is to be managed in accordance with this operating
plan.
Clause – 2: The Operating Plan is
in the form of a Contract between the Independent Owners. For
subjects not stipulated in the Operating Plan the provisions
of the Management Plan, Act of Independent Ownership, the Civil
Code and other relevant laws are applied.
Clause – 3: The Operating Plan binds
all the Independent Owners, owners by way of easement, and their
heirs, and all real persons or legal entities to acquire a plot
share as a result of the easement put in place, by way of sale,
donation, or rent etc. Each of the aforementioned are bound
to conform to all the provisions of the Operating Plan.
Clause – 4: The clauses of the Administration
Plan may be altered by way of a majority vote of those in attendance
at the meetings of the Board of Independent Owners. Alterations
made in this way, however, may not be made concerning subjects
that, according to the Act of Independent Ownership No. 634,
require a unanimous vote or a specific percentage of the votes.
B- DEFINITIONS
Clause – 5: Independent Units
These are the residences constructed in accordance with the
approved project and which have been designated a share of the
plot. The estate comprises 62 villas, i.e. a total of 31 independent
units. Under no circumstances may this number be increased.
Clause – 6: Independent Owners
Independent Owners are real persons or legal entities who own
any one of the abovementioned independent units or have the
right of easement.
Clause – 7: Communal Areas
These are the remaining areas outside the 31 independent units
on the estate which are for communal use and benefit. The communal
areas are as follows:
Within the Estate:
The boundary walls, the iron, timber etc. railings on top of
the walls, wire fencing, fences, the estate entrance gate, watchmen’s
lodges and permanent fixtures, roads, pavements, manholes, showers,
WC’s, green areas, flower pots, water depots, water and watering
network, electrical network and outside lighting units, central
TV installations, aerials and cables, canalisation network,
natural gas installations and depots, water pumps, purifying
system, Management and personnel rooms, the electricity transformer
as shown on the project, sports areas, benches, estate furniture,
stairs, the foundations of these facilities and the main walls.
Open air or inside car parks designated for the owners of the
residences.
Clause – 8: Communal Expenses:
These are the payments collected on a monthly basis from the
Independent Owners for the purpose of ensuring the maintenance
and repair of the Communal Areas stipulated in Clause 7 and
for additional services, and for the payment of wages and statutory
premiums for the personnel by whom these services are carried
out. For a period of ten years the maintenance fees are to be
determined by JAPPA İNŞAAT A.Ş. at a reasonable rate in accordance
with current living standards.
C – SPECIAL PROVISIONS
Clause – 9: By way of a decision
made by the Board of Independent Owners, “GREEN VILLAGE VILLAS”
may form a legal entity and may purchase independent units within
the estate for use as “a Meeting Place or Social Facilities”.
Clause – 10: Each Independent Owner participates in the
communal expenses at the rate of 1/62.
Clause – 11: The sums payable as maintenance
fees are to be determined at the Meetings of the Board of Independent
Owners. The amounts to be determined may not be less than the
amounts determined by JAPPA İNŞAAT A.Ş. as per Clause 9. Payments
for the private consumption of electricity, water and gas etc.
are collected as separate sums (i.e. not included in the maintenance
fees) in accordance with the readings on the relevant meters.
Clause – 12: Monthly maintenance fees
and payments for the consumption of electricity, water and gas
etc. are to be paid DURING THE MONTHS TO WHICH THE PAYMENTS
APPLY. Interest at a rate determined by the Board of Independent
Owners will be applied to payments not made within the given
time and the outstanding payments will be collected BY WAY OF
ENFORCEMENT. In the event of the payment of an outstanding debt
prior to the completion of enforcement measures, the enforcement
expenses will be obtained during the following month from the
person concerned.
Clause – 13: The “Estate Management”
is to inform the Independent Owners of their debts by the end
of the 22nd day of each month by way of letter, telephone, e-mail
or fax. Independent Owners are liable to notify the Management
of their contact addresses, telephone numbers, e-mail addresses
and fax numbers, and to provide further notification in the
event of any change thereto.
Independent Owners to whom, for various reasons, it has not
been possible to provide notification, are liable to contact
the Estate Management on +90 256 614 21 59 for the necessary
information in connection with the sums they are due to pay.
An authorised member of the personnel will be in the Estate
Management Office during working hours from Monday to Friday.
Independent Owners to whom it has not been possible to provide
notification concerning their debts may, on no account, hold
the Estate Management liable in connection with enforcement
measures.
Proceedings for the collection of outstanding payments by way
of enforcement will commence during the first week of the month
following the month in which the payments were due.
Clause – 14: In unexpected circumstances
where compulsory or urgent payments are required, the Estate
Management may request additional payments, other than the normal
maintenance fees, from the Independent Owners. Any such payments
not made within the period specified by the Estate Management
will be collected by way of enforcement in accordance with the
provisions of Clauses 13 and 14.
Clause – 15: New Independent Owners,
whether individual persons or establishments, are to participate
equally in the communal expenditure (for the water purification
system, modification of the central TV system, the boundary
wall and fencing, and additional planting etc.) which has been
made by way of the collection of additional sums, other than
maintenance fees, from the existing Independent Owners. The
amounts payable are to be calculated in accordance with the
foreign currency rates of exchange for the date on which the
payments were made, collected from the new Independent Owners,
and deposited in the communal Estate account.
Clause – 16: The provisions for the
use of the communal areas within the estate, to which all Independent
Owners and their visitors are obliged to conform, are based
on the principles of neighbourly relationships and community
life and have been determined as follows:
Clause – 17: COMMUNITY RULES
Independent Owners and their visitors are obliged to take every
care to conform to the following rules; parents are responsible
for the behaviour of their children.
Between 23.00 in the evening and 08.00 in the morning;
- A) Radios, televisions, music sets and any other equipment
which makes a noise may only be used in such a way as not
to disturb the neighbouring Independent Owners.
- B) Shutters and blinds are not to be opened or closed in
a noisy fashion, and doors and windows are not to be slammed.
Rules to which continuous conformity is required;
- C) Trash is to be placed in strong leak proof plastic bags,
specially manufactured for this purpose, through which bad
smells cannot escape, and tied securely. Plastic shopping
bags, not designed for the specific purpose of refuse disposal,
are not to be used. Each morning the trash bags are to be
placed inside a lidded plastic waste bin, obtained by the
individual Independent Owner, which is to be positioned outside
the entrance door to his/her own villa.
Each morning between 08.45 – 09.15, the trash will be collected
from the villa entrances by a member of the estate personnel.
Any trash placed outside after 09.15 will not be collected.
Independent Owners are obliged to take their waste bins back
inside their properties by 09.30 at the latest. Under no circumstances
may trash be left outside villa entrances at night.
- D) Shoes and slippers etc., or any other items that may
deter from the aesthetic appearance of the estate, may not
be left outside villa entrances. It is expressly forbidden
to install any air-conditioning unit or aerial, other than
those for which planned provision has been made. Any Independent
Owner who fails to comply with this regulation will receive
a warning from the Estate Management and in the event of continued
disregard the aesthetically damaging element will be removed
by the Management.
- E) Under no circumstances may carpets, kilims or sheets
etc. be shaken from balconies, windows or terraces; nor may
they be hung in such a way as to hang down from balconies,
windows or terraces.
- F) Washing may not be hung or dried in such a way as to
hang down from balconies, windows or terraces.
- G) Satellite dishes which spoil the appearance of the estate
will be removed.
- H) Trash, waste paper, cigarette ends or any other waste
may on no account be left anywhere on the estate.
- I) Pets may not be allowed to roam in the communal areas.
Pet owners are responsible for any fouling or damage to the
environment caused by their pets and will be liable to compensate
therefore.
- J) Villa owners are restricted to parking their vehicles
in the relevant numbered parking spaces allotted to them.
Additional vehicles belonging to villa owners and visitors’
vehicles may not be parked in vacant spaces without permission
from the Estate Management. In the event of villa owners leaving
their vehicles parked on a long term basis while absent from
the estate, the villa owners are obliged to notify the Estate
Management accordingly. The Estate Management may not be held
responsible for any damage which may occur to parked vehicles.
Vehicles may not be parked anywhere on the estate other than
in the areas specifically designated as parking spaces.
Furniture or delivery vans etc. or vehicles belonging to repair
and maintenance companies, or any other service provider,
may be parked in such a way as not to interfere with the flow
of the traffic around the estate. The maximum speed limit
within the estate is 10 km.; and the use of hooters is forbidden.
Independent Owners are obliged to affix the GREEN VILLAGE
VILLAS emblem, which they are to obtain from the Estate Management,
to the front left window of their vehicles as a means of assisting
the security personnel on duty at the entrance gate to the
estate.
- K) The estate personnel are primarily answerable to the
Estate Manager and the Estate Management. Villa owners may
not request members of the estate personnel to carry out any
services contrary to the rules stipulated in the Operating
Plan.
The estate personnel perform their duties to meet the general
needs of all villa owners. Villa owners may not make special
requests of the estate personnel that may in any way deter
them from their main duties on the estate.
Once each morning, villa owners are provided a service for
the delivery of newspapers and bread, and the collection of
refuse, other than which, villa owners may make no request
from the estate personnel for private shopping. The Estate
Management is to be informed of any disagreement between a
villa owner and a member of the estate personnel, and of any
disruption in the services provided.
- L) The Estate Management is to be informed of any repair
or maintenance required inside the residences, and qualified
repairmen are to be appointed. Workmen who are not familiar
with the estate installations and unqualified persons should
not be engaged for repair work etc.
Clause – 18: RULES FOR THE USE OF THE SWIMMING
POOL
All those who use the swimming pool are obliged to comply with
the following rules and regulations:
- A) The pool is for the use of residents only.
- B) Showers must be taken prior to entering the pool .
- C) It is forbidden to play ball games, use air-beds, flippers
or any other such equipment that may cause a disturbance to
others, in and around the pool. It is also forbidden to jump
into the pool, to make splashes, eat, deposit refuse or bring
pets into the pool and surrounding area.
- D) Families are responsible for the behaviour of their young
children in and around the pool area. Small children may not
enter the pool area without the supervision of their parents
or a related adult.
- E) Non-swimmers enter the pool at their own risk. Under
no circumstances can the Estate Management or the estate personnel
be held responsible.
- F) Swimming costumes are to be worn in the pool. It is forbidden
to enter the pool wearing t-shirts, shirts, blouses, dresses
or similar garments.
- G) It is forbidden to pour foreign substances of any sort
into the pool, and to enter the pool before removing suntan
oil. Due to the presence of chemicals in the pool water, the
addition of any foreign substance will cause discolouration
of the water.
- H) It is forbidden to enter the pool with open wounds or
any disease that may affect the hygienic conditions of the
pool.
Clause – 19: PENALTY
By way of a decision made by the Estate Manager, a fine to the
sum of one month’s maintenance fees will be obtained from the
owner or tenant of an independent unit in which any person who
fails to conform to the rules and regulations stipulated in
the Operating Plan is resident.
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 Co-ownership
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