… TO THE JUDGE OF THE CIVIL COURT OF PEACE
PLAINTIFF: TC No:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: This petition concerns our claim for compensation for the damages suffered by the apartment building during the period of management.
VALUE OF THE CLAIM:
OUR EXPLANATIONS
1) At the meeting of the homeowners’ association held on …/…/… of the … Apartment building located at … Street … Avenue …/… address, the defendant was elected as the manager and resigned on …/…/… after serving for … years, citing disagreements with other homeowners regarding the management style and method.
2) At the homeowners’ association meeting held on …/…/… months prior to the defendant’s resignation, a person named …… was appointed as auditor; The audit report prepared by the auditor for the period of …/… during which the defendant served as manager, dated …/…/…, revealed that the defendant kept the money collected from the apartment owners in his personal account instead of opening a bank account as required, recorded duplicate expenses in the ledger and made expenditures without documentation, had renovations done to the management office without justification, had excessive stationery and telephone expenses, and also assigned himself a salary even though no salary was assigned to the manager in previous periods, and that there was a discrepancy of ….-TL between the accounts. An expert examination, if deemed appropriate by your court, will also clarify the situation.
3) After the auditor’s report, the defendant, when asked for an explanation, admitted his actions, but despite verbal warnings and a notice registered under journal number … at … Notary Public, stating that no legal action would be taken against him if he paid the amount of damage he caused to the apartment with legal interest, he took no action.
4) Regarding the defendant… A complaint has been filed with the Public Prosecutor’s Office, and the investigation against the defendant is still ongoing under file number …/…. Therefore, it has become necessary to apply to your court with this petition to collect a total of …. – TL, including legal interest, from the defendant.
LEGAL GROUNDS: Articles 38, 39, and Annex Article of Law No. 634. 1.
LEGAL EVIDENCE: 1. Minutes of the meeting dated …/…/…
2. Resignation letter dated …/…/…
3. Minutes of the meeting dated …/…/…
4. Audit report dated …/…/…
5. Notice number … from … Notary Public dated …/…/…
6. Investigation file dated …/…
7. Expert opinion
CONCLUSION AND REQUEST: We hereby request, on behalf of our client, that the defendant be ordered to pay …-TL, representing the damages caused to the apartment during the period of …/… when he served as manager, along with legal interest accruing from the date of the lawsuit, and that the court costs and attorney’s fees be borne by the opposing party. …/…/…
Plaintiff’s Attorney
Attorney
You can also access our other articles and petition examples by clicking here.