F.A.Q.

In general, systems located in mass housing, plaza, business center and similar places in public areas where people live are called apartment management or site management. Generally, the site management takes care of the landscaping, landscaping, maintenance, cleaning and similar areas.

An apartment or estate management plan is a document that covers many topics. Topics included in the management plan may include:
• Use and rules of common areas
• Building maintenance and repair works
• Collection and use of dues
• Institutions to contact in case of resolution of problems and disputes
• Board elections and terms of office
• Board of directors duties and responsibilities
• Use of the car park of the apartment or the site
• Fire prevention and safety rules
• Borrowing transactions of flat owners
• Deposit or collateral transactions
• Renovation and construction works to be done in the apartment or site
• Tenants’ code of conduct and responsibilities
• General provisions regarding the management of the site or apartment
• Procedures for modification and revision of the management plan

The apartment is managed according to the decisions to be made by the flat owners board in accordance with the management plan and the provisions of the Condominium Ownership Law, which is a contract between them.

The apartment manager, with the authority he receives from the floor owners; It refers to people who have duties such as producing solutions to building problems, deciding on basic issues about the building, tracking expenses and documenting them.

Duties;
• Apartment managers are responsible for keeping the relevant real estate clean.
• It should ensure that the invoices are paid on time.
• Must collect the dues on a regular basis.
• The real estate should lead the use of the structure completely in accordance with its structure. In order to protect the internal and external structure of the apartment, the necessary maintenance / repair operations should be undertaken.
• It should follow the insurance transactions of the real estate annually.
• It should implement the decisions made by the floor owners.
• Creating a plan on issues such as elevator/heater maintenance and repair, general cleaning. To pay the resulting debts as a result of the money collected from the floor owners.
• To ensure the collection of rents for independent sections.
• To have enforcement proceedings or to file a lawsuit against the flat owners who do not fulfill their debt obligations.
• Depositing the collected cash amounts or advances in a bank under the title of apartment manager.
• Organizing meetings in order to inform the flat owners about special issues concerning the apartment or to take various decisions. To manage the meeting and to report the results obtained, to implement it within a certain calendar planning.
The apartment managers elected by the floor owners manage the apartment as a result of the decision of the Floor Owners Board. If the manager starts to take decisions in violation of the board’s bylaws and maintains this attitude despite the board’s warnings, he may be disqualified from his duty as a result of the approval of the flat owners.

The amount of the contribution is evaluated at the regular meeting of the flat owners held at the end of each year. It is determined according to the decisions taken on issues such as continuous needs or apartment maintenance and improvement. The amount of contribution is determined by dividing the estimated monthly expenses by the number of flats.
Dues according to the condominium law;
Expenses found by monthly calculation or annual calculation are distributed according to m2 of independent sections. In this way, the dues to be paid will be found. The m2 of each flat is multiplied by 14.40 TL/m2 and the annual fee is found first, and the monthly fee is calculated by dividing this amount by 12.

Article 29 of the KMK regulates the ordinary meeting procedures of flat owners and collective building owners. Accordingly, the board of flat owners shall convene within the first month of each calendar year, at the time period indicated in the management plan, not less than once a year, according to 29/1, if a time period is not specified in the management plan.
In collective structures, the boards convene at the times indicated in the management plans, not less than once every two years, within the first month of the second calendar year, if such a time is not indicated. Thus, it is understood that the boards can hold meetings at any time with the management plan, otherwise it is necessary to meet in January. In the case of collective structures, if there is no regulation regarding this, it will have to be done in January of every second calendar year.
KMK m. 29/II. The second paragraph regulates the extraordinary meeting procedure and accordingly, in case of an important reason, upon the request of the block manager or auditor or one-third of the floor owners in the block, and fifteen days before the requested date for the meeting, a call to be signed by all floor owners in that block or a registered letter. Block floor owners can gather at any time, provided that the reason is stated. The extraordinary meeting procedure is based on writing. As can be seen, there is no clarity in the law about the form of invitation in the ordinary meeting procedure, but a regulation can be made in this regard in the management plan.

Decisions;
According to Article 32 of the KMK, first of all, this request must be forwarded to the authorized flat owners board. The decision of the board is the decision to be taken by the majority of the flat owners in terms of number and land share, and if the board’s request is rejected, a judicial remedy can be applied against the board’s decision.

The rights and obligations of the flat owners are scattered in the Property Ownership Law No. 634 and in other parts of the legislation. It is possible to list these rights and obligations in general as follows:
First of all, each flat owner has all the rights and powers provided by the property due to the property right.
Flat owners are joint owners in the common areas of the main immovable (elevator, stairs, gazebo, parking area, etc.) in proportion to their land share. They have the right to benefit from all these common areas. If there is no contract to the contrary, this benefit is at the rate of the land shares.
Flat owners have the right to request the meetings mentioned above from the manager. They have the right to vote in these meetings in proportion to their land share. In addition, each of them is authorized to request certain interventions from the magistrate.
The flat owners have to act in a way not to disturb each other and to act in accordance with the neighborhood rules when using their own or common places in the building.
Flat owners are responsible for maintaining the maintenance and architectural condition of the main property. In addition, the flat owners cannot build, repair or install in the common areas of the main real estate unless they obtain the written consent of ⅘ of all the owners. However, if the relevant repair is of great importance for the building and the defect in question damages the main property, the consent of the other owners is not sought.
Flat owners can do whatever they want in their own department, but they cannot do it on their own if the action to be done is of a nature to damage the main property.
Each floor owner is responsible for the damages caused to the main real estate by fault.
Each of the floor owners has to bear the expenses of the concierge and other apartment officials equally. Insurance premium payments of the main real estate, maintenance and repair costs of common places, monthly paid to the manager if any, expenses of common facilities, etc. Expenses are also included among the expenses to be covered equally, unless otherwise stipulated. The flat owner cannot avoid paying by claiming that he does not use these common places. In other words, the person living on the first floor cannot refuse to participate in the elevator expenses, claiming that he does not use the elevator.
The expenses for the repair of the common area in the building, which requires repair, are covered by all the owners, but if this malfunction is caused by the fault of one of the owners, the owners will pay it jointly. In such a case, the other owners recourse to the owner who has a fault.
How are disputes related to apartment and site management resolved?
Article 33 of the Condominium Ownership Law is an important tool for the legal resolution of disputes in apartments and estates. While this article aims to settle the disputes between the flat owners through amicable means, the intervention of the judge is the last resort for the resolution of the disputes.
However, in some cases, it is possible for tenants to request the intervention of the judge in matters that concern them. For example, if a tenant thinks that a decision made by the apartment board concerns them and wants to question whether it has legal basis, they can request intervention from the judge.
In order for tenants to make such a request, the issue must be of direct interest to them. In addition, the tenants may need to show that the flat owners’ board is not sufficient in resolving the dispute. If these conditions are met, it is possible for the tenants to request the intervention of the judge.
However, the acceptance of such requests is not always guaranteed and is at the discretion of the judge. It is therefore important that tenants fully understand their legal rights and consult with an attorney.
As a result, the intervention of the different Judge for the resolution of disputes for both the flat owners and the tenants in Article 33 of the Condominium Ownership Law is an important tool to protect the legal rights of the parties, although it is a last resort.