COMPLEX MANAGEMENT İN TURKEY
COMPLEX MANAGEMENT İN TURKEY.Turkey adds to the legislation of the republic consisting of 81 substances, including site management and temporary decrees No. 634 condominium is the law. In this real estate law there are no issues related only to the regulation of the main real estate. The law includes articles related to the arrangement of many collective living areas such as floor easement, condominium, period property. Below you will find the contents of the law on these topics.
1.Floor ownership and floor easement
- Basic definitions of ownership and alliance
- Common locations on sites
Rights of rights owners
- Rights of floor owners on independent section
- Rights of floor owners over common places
Debts of floor owners
- General debts of floor owners
- Responsibility for maintenance, repair and protection of the main structure of the floor owners
- Responsibilities of floor owners on general expenses
- Insurance agreement and guarantee of common expenses
- Legal and prohibited works on the site
- Obligation of transfer of condominium
Management of the main structure
- Formation of general assembly on the website
- Management plan concept
- Determining the meeting time and inviting
- Meeting opening and decision making by majority vote
- Voting participation in decisions and determination of this
- Decisions of the meeting board and their binding
- The manner and conditions of the meeting chairman’s intervention
- Responsibilities of the manager regarding the execution of the works
- Archiving and storage
- Creating a Roadmap for Operation
- Responsibility, accountability, rights and supervision of the manager
- New land processing
- Savings and important jobs
Management of collective structure
- Description of the collective structure and the area covered
- Common Places
- Project plans of the mentioned structure
- The specified management principles
- Appointment of manager and auditor
- Decisions on joint costs
- Board of Directors and its limits
- The court in charge
HOW TO ARRANGE THE FIRST SITE MANAGEMENT
I will share with you detailed information about how to set up new site management in an apartment or on the site, in cases where the apartment owners have not yet moved or there is no building management.
It is established according to the principles of the new management floor ownership law in the buildings or estates where the apartment owners have recently moved or where apartment management has not yet been established.
According to this law, the owners of the flats meet at least once a year on the date specified by the site management. If no date is specified, Month 1 of each year shall convene on any day.
The main building is managed by the apartment owners and the management method is determined in accordance with the provisions of the laws. The temporary committee established follows this regulation throughout the meeting and tries to get everyone’s opinions on this issue.
Development of management plan
The management plan sets out how site management will be, how it works, the fees of managers and supervisors, and the way they work. All residents must comply with the provisions of this management plan. In case of a possible dispute, the decision is made according to the law.
In order to make changes in the management plan, it is sufficient for the apartment ships to provide a 5/4 majority. Changes are announced to all apartment owners.
Collection of residents and decisions taken
As I mentioned before, the residents of the site have to meet at least once a year. In order for the meeting to be valid, it must be held with a minimum of 51% majority. If the majority cannot be achieved in the first meeting, the meeting is held at the latest 15 days after the first meeting without a majority.
Right to vote: each apartment owner has one vote regardless of the land share rate he owns. If one person has more than one apartment, they have separate votes for each apartment. No matter how many circles this person owns, the number of votes may not be more than 1/3 of the total votes. This issue should be considered before voting and everyone should be warned.
If there is more than one owner of an apartment, 1 person represents his apartment in the meeting by taking power of attorney from the other partners.
If the decision of the meeting concerns any owner, he / she can attend the meeting but cannot vote.
In addition, apartment owners who cannot attend the meeting may give a written power of attorney to someone else (notary public approval is not required). Thus, the right to representation is not lost. 1 person cannot collect surrogate more than a certain percentage of total apartment owners.
How does selected site management make decisions?
Site management must meet with the flat owners at least once a year to make decisions. The site administrator is required to make an announcement to the other flat owners for the meeting.
If there is no valid excuse for these site meetings, all flat owners should attend. And the decisions taken and the opinions mentioned must be recorded in the minutes of the meeting. The resolutions adopted at the end of the meeting should be recorded in the general assembly resolution book and this must be approved by the notary at the end of the meeting. All the flat owners participating in the meeting are required to sign the decision, if there is any other vote in the decision, they must sign the reasoning.
RESPONSİBİLİTİES OF THE SELECTED SİTE MANAGEMENT
In the case of sites with one or more buildings, the selected administration has obligations to all flat owners. According to the rules in the condominium law, the site management has responsibilities to the flat owners.
You can compare this form of management to a company or a small municipality. The administrator selected person struggles to serve the residents of the site. The site should analyze the problems well and solve it quickly and economically. Since all responsibility and usage rights of the collected money belongs to the site administrator, the site administrator must be trusted.
The site management periodically provides information to the residents about the budget and expenditures made. How many money dues were collected, how much was left, where the collected money was spent. They must inform all apartment owners about these issues. Generally, information is given by hanging the charts in the entries.
Residents also have responsibilities to site management. At the beginning of these dues are required to deposit the account to the site timely. if there is a delay on the specified date, the site management warns. If there is still no payment, the site management may apply interest to the site receivable by the decision it has taken. If it is unpaid, it will be taken legally.
The most common problems we face today are the debts of unpaid dues to the sites and the subsequent legal follow-up process. Pay your dues on time if you don’t want to face a bigger debt in the future. I’m going to share with you an example of what happened. One of my clients did not pay a one-year dues debt of € 420 for 3 years and at the end of 3 years, the lawyer’s fee and the added interest amounted to a total of 30,000 lira.
In such cases, many apartment owners do not know the legal responsibility of the work. If the dues arrears to the lawyer are still unpaid, the site management can get this claim by having the apartment sold through execution. I want to repeat this issue is very important. Your apartment may be sold through execution because of the debt owed. Because by law this is your life debt and you have to pay.
Let’s further clarify the responsibilities of the site administrator. The site administrator must fulfill the decisions of the board of directors. The site has obligations such as repair, maintenance, cleaning, elevator maintenance, insurance of social areas and main building, payment of debts, follow-up of receivables, acceptance of notifications received on behalf of the site, taking measures about the site, initiating and controlling legal proceedings, and organizing other meetings.
The administrator is obliged to write the decisions and legal actions taken in the site book. It has to archive even the smallest detail of the site.
If there is no business project approved by the board of residents, the site management makes a business project.
The main features of this project are; prepares an estimated revenue and expenditure budget for one-year management of the site. Each apartment owner deducts the estimated amount from this budget. It calculates the prepayment from each apartment based on the estimated budget.
This project is communicated to the flat owners in return for their signatures or by registered letters. If there are objections, this process is determined as 7 days. If an objection is received, the project is reviewed and corrections are made.
WHAT TO DO IF ADMINISTRATION CANNOT BE SELECTED ON A SITE?
If there are more than eight independent sections on any real estate, site management is mandatory. I will try to answer the question what happens if the board is not established.
According to the size of this site when creating a management can be only one person can be 3 people.
If the owners of the flats cannot agree on site management and administrator selection or if they cannot meet and choose a manager, they will be elected by the magistrate court. For this purpose, upon the application of one of the apartment owners, a manager is selected after the rest of the rest is heard. This appointed administrator has all the powers of the executives appointed by normal election.
This appointed administrator cannot be changed by the flat owners until 6 months after the date of appointment. This can only be changed if the magistrate’s court sees a valid reason.
Doorman and site staff;
Almost every site has an attendant responsible for cleaning and maintenance of the site. In today’s conditions, almost all spouses work. People do not want to deal with problems in the building after coming home from work, and the first thing they demand after the administration is the officer. Many sites have concierge services on site. Janitors usually stay in these apartments free of charge. Besides, salary and insurance are paid.
Once these conditions are met, the basic expectation of the residents is that the attendant is interested in the site and does not do business outside. Here, the officer has responsibilities to the residents, and the residents have responsibilities to the officers. I’il tell you about this.
The employee working on a site has the right to annual leave if he has completed 1 year. This has to be indefinitely in the same apartment. Or if it works occasionally, it is done by calculating the total time it worked. It is a legal right for the site staff to take annual paid leave. If the site management does not meet these requirements, the site may have to pay compensation by court order.
Permission periods vary according to the working years of the site staff. We listed them below.
14 days working for 1 year to 5 years
More than 5 years Less than 15 years 20 days
Employees over 15 years are entitled to 26 days off.
Weekly and annual leave in the Turkish labor law must be used. Failure to do so will bring the site to court and receive compensation. Another important issue is the dismissal of the official. If there is no valid reason, it should be agreed with the official and terminated after the compensation is paid.
If the house where the janitors live is free and the electricity water is paid from the site management budget, the severance payment paid to the janitor is deducted.
Another issue to consider is that the concierge can only run for the allocated apartment. Unfortunately, this is a very common situation, but it is not legal. Under normal conditions, the only duty of the janitor is to serve the site and to pay for it.
And another thing you can do is rent out the doorman’s apartment to someone else. This is legally possible. There is no inconvenience. If a retired person is employed as a janitor, it is not compulsory to provide a janitor’s office to this person.
RİGHTS OF APARTMENT OWNERS WİTHİN THE SİTE
Apartment owners living on the same site have equal rights in respect of each other in public areas without disturbing each other’s peace. There is no difference in the use of the common area of the site between 10 people in the same site and 1 person in the same site. Everyone has the same right.
To summarize briefly in this article I tried to give information about site management laws and form of government in Turkey to you. In short, I shared my experiences with you. In fact, we do not lose the spirit of love, respect and neighborhood on our sites where we share the same basic environment. A little understanding and calm will be the cure for everything. I ask you not to forget it again. Pay your fees on time. Since there are people who make money from these jobs, they can squeeze you in legal ways and pay you a lot more money.
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