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Turkish Apartment Owner's Act |
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SECTION FIVE: Management of Main building
A) General Assembly:
Article 27 – Main building shall be managed by the board of flat owners
and the method of management shall be decided by this board with the
statutory provisions of the laws reserved.
B) Management Plan:
Article 28 – The management plan shall regulate the method of
management, purpose and method of flat occupation, fees to be collected
by the manager and auditors and other issues concerning management. The
management plan shall constitute a contract binding all flat owners.
Disputes that may arise from the management of the main building shall
be resolved in accordance with this law and the general provisions in
cases where a provision is not provided in the management plan.
(Amended paragraph: 13/04/1983 - Article 2814/11.) Any amendment to the
management plan shall be decided upon with the votes of at least four
fifths of all flat owners. The right of flat owners to apply to courts
according to Article 33 is reserved.
The management plan and any amendments made thereto shall be legally
binding for all flat owners together with their complete and partial
successors, and managers, and auditors.
The dates of management plan and any amendments made thereto shall be
registered in the (Statements) field of flat owners’ ledger and such
amendments shall constitute a part of the management plan and shall be
kept together with the articles of organization for flat ownership.
C) Meetings and decisions of the board of flat owners:
I – Time for meeting:
Article 29 – Board of flat owners shall convene at least once a year at
dates specified in the management plan or within the first month of each
calendar year if no such dates are specified.
If an important reason occurs, the board of flat owners can be called to
convene upon the demand of manager or auditor or one third of flat
owners with a written message or a registered letter indicating the
reason for the meeting and signed by all flat owners at least 15 days
prior to the date of meeting.
In the first call for the meeting, the venue and date of the second
meeting, in case the first meeting cannot be held due to lack of quorum,
shall be defined.
II - Quorum:
Article 30 – Board of Flat Owners shall convene if more than one-half of
flat owners or those having more than one-half of the land shares are
present and shall decide with the majority of votes.
If the first meeting cannot be held due to lack of quorum, the decisions
shall be made by majority of votes of those who attend the second
meeting which is held within the following week at the latest.
The provisions in this law regarding the quorum per se are reserved.
III – Right to vote:
Article 31 – Each and every flat owner shall have one vote regardless of
their land share proportions.
Flat owners with more than one independent flat in the main building
shall have one vote for each independent flat; however, his/her total
votes shall not exceed one third of total votes regardless of the number
of independent flats he/she possess, and fractions shall not be taken
into account while calculating the number of vote rights.
If there is more than one owner of an independent flat, they will be
represented in the board of flat owners by one person they will
authorize. Flat owners who are not eligible to attend the board shall be
represented by legal representatives.
Flat owners who shall be directly affected by the decisions taken can be
present at the meetings but shall not have votes. |
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