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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4854
Experience:  Spanish Attorney
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Good morning, I do hope that you can help. We purchased

Resolved Question:

Good morning,

I do hope that you can help. We purchased a property in the Mugla region of Turkey off plan first payment was made in October of 2005. We had verbal consent from the developers to bring our two pet dogs. Our four bedroom villa is completely enclosed. There was also a picture of our particular type villa illustrating people with a dog
around the pool.On the 12 June of 2007 a management plan was drafted, and we were never given or e-mailed a copy. We now have this in our possession as we visited the managing agent to get a copy.
Some British owners on the same city are threatening to take us to court to have our dogs removed or destrroyed. This happened within three days of us arriving with our dogsThe section of the management plan that they refer to quotes "PROPERTY OWNERS SHALL NOT BE ALLOWED TO FEED ANIMALS LIKE CATS, DOGS AND CHICKENS IN THEIR OWN INDEPENDANT UNITS AND THEIR EXTENSIONS AND IN COMMUNAL AREAS UNLESS PERMISSION IS GRANTED BY THE PROPERT OWNERS COMMITTEE"
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi there

Abogado3044 :

If the rules of the comunity deny the right to have the pets in comunal parts you could not have them

Abogado3044 :

But the seller had to advice you about the rules in the place, so you could demand him for this damages

Abogado3044 :

You have two ways to procedure, once its asking for a permission, and in the other hand to demand the seller in court for not advice you about this comunity law

Abogado3044 :

In order to take the second way you will need a local attorney to demand him

Abogado3044 :

I will be here if needed

Abogado3044 :

thank you

Customer:

When we put the deposit on the house the management plan was not in place. They never at any time said that we could not bring our pets. We asked the question, and we were told of course, this will be your home. I do not think they will grant permission even though we have a wall and gate. The problemis mainly with the apartments who share communal gardens, and people have complained about the wild dogs being fed. Our dogs do not run freely, and have their own walled garden. The clause as in my first e-mail seems ambiguous in any case. We would never have moved here selling in the U.K if this was not the case. It seems like our only option is to seek agreement/ recompense with the developer. If they seek court action will we have a right to defend ourselves ?.

Abogado3044 :

In my opinion its a fraud from the seller, who was forced to tell you the limits about pets in the propiety, so he must be demanded for it

Abogado3044 :

The comunity has the right to put the rules they want with the legal limits, so you can do anything about it

Abogado3044 :

So, you shall considerer to demand the seller for the fraud and to take a decision about the pets

Abogado3044 :

Its clear that if they deny the permission you cant have the pets there, and the damages must ne demanded to the seller

Abogado3044 :

You can not force the comunity to accept the pets if they do not want them

Abogado3044 :

In order to demand the seller you have to contract a local attorney

Abogado3044 :

I will be on line if needed, thank you

Expert:  José M. replied 1 year ago.

Hi, I gently ask for a good rate of the service

If you do not do it the site does not pay the pexpert

Thank you

Customer: replied 1 year ago.

Thank you


 


Do you not consider that the reference to feeding cats dogs and chickens is more a reference to stray animals, and does not refer to domestic pets, bearing in mind our pets have their own enclosed garden, and do not visit the communal areas

Expert:  José M. replied 1 year ago.

Of course it could be
The answer must be checked in the comunity laws, the laws which the co-owners has made for the comunity
If the comunity rules does not specify that the forbidden animals are wold ones, pets must be admitted
The rules which reduce co-owner rights must be alwys very, very clear, and its interpretation very restrictive, I mean it has to be interpretated restrictivly
Thank you

Customer: replied 1 year ago.

Thank you


Do you mean that the wording is ambiguous, and that we should seek clarification. The wording does not actually state wild animals, but it does not state pets either. I think when you refer to be "interpretated restrictively" does this mean it has to clear.


 


I am sorry, but before I seek to employ a Turkish lawyer, I feel that I need to understand our position.

Expert:  José M. replied 1 year ago.
Yes. The rules has to be very, very clear, and it has to say what kind of limits the owner has approved. If its not clear enought, the interpretation to be given is restrictive and it will be allowed all which has not been previusly forbiden
José M., Attorney
Category: European Law
Satisfied Customers: 4854
Experience: Spanish Attorney
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