TO THE HONORABLE JUDGESHIP OF THE CIVIL COURT OF PEACE OF …
PLAINTIFF: T.R. IDENTITY NUMBER: ADDRESS: ATTORNEY: (Include legal representatives of the parties, if any) ADDRESS:
DEFENDANT: ADDRESS:
SUBJECT: Our petition containing the request for compensation for the damages incurred by the apartment building during the defendant’s term as manager.
VALUE OF THE CASE: (In cases related to property rights)
EXPLANATIONS:
1-) At the board of condominium owners meeting held on …/…/… for the building named “… Apartment” located at … Avenue, … Street, No: …/…, the defendant was elected as the manager (ANNEX-1). After performing this duty for …. years, the defendant resigned on …/…/… citing disagreements with other condominium owners regarding the management style (ANNEX-2).
2-) … months prior to the defendant’s resignation, at the meeting held on …/…/…, a person named ……. was appointed as the auditor (ANNEX-3). In the audit report dated …/…/… (ANNEX-4) regarding the …/… period of the defendant’s management, it was determined that the defendant kept the money collected from owners in a personal account instead of opening a bank account, recorded duplicate expenditures in the ledger, made expenditures without documentation, and that stationery and telephone expenses were exorbitant. Furthermore, although no salary was assigned to the manager in previous periods, the defendant assigned a salary to himself, resulting in a discrepancy of …. -TL between the accounts. If deemed appropriate by your Honorable Court, an expert examination to be conducted will serve to clarify this matter.
3-) After the audit report, the defendant was asked for an explanation and admitted to his actions. However, despite verbal warnings and the formal notice issued by the … Notary Public with journal number … (ANNEX-5), which warned that no legal action would be taken if the damage incurred was paid with legal interest, the defendant has taken no action.
4-) A criminal complaint has been filed against the defendant with the … Chief Public Prosecutor’s Office, and the investigation in file number …/…. (ANNEX-6) is still ongoing. Consequently, it has become mandatory to apply to your Honorable Court for the collection of a total amount of …. -TL, together with legal interest, from the defendant.
LEGAL GROUNDS: Condominium Law No. 634, Art. 38, 39, Additional Art. 1.
LEGAL EVIDENCE:
Minutes of the meeting dated …/…/…
Resignation letter dated …/…/…
Minutes of the meeting dated …/…/…
Audit report dated …/…/…
Notice of … Notary Public dated …/…/… numbered …
Investigation file numbered …/….
Expert witness
CONCLUSION AND REQUEST: We respectfully request on behalf of the plaintiff that the amount of … -TL, representing the damage caused to the apartment building during the …/… period of the defendant’s management, be collected from the defendant together with legal interest to accrue from the date of the lawsuit; and that the litigation costs and attorney fees be charged to the adverse party. …/…/…
ANNEXES:
Minutes of the meeting dated …/…/…
Resignation letter dated …/…/…
Minutes of the meeting dated …/…/…
Audit report dated …/…/…
Notice of … Notary Public dated …/…/… numbered …
Investigation file numbered …/….
A certified copy of the Power of Attorney.
Counsel for the Plaintiff Atty. [Name Surname]