How to Set Up the First Apartment Management


In buildings where apartment owners have just moved and apartment management has not yet been established, the first apartment management is established according to the provisions contained in the Condominium Law.


According to the law, the board of apartment owners meets in the first month of each calendar year at the times indicated in the management plan not less than once a year, if no such time is indicated.


General Assembly

Article 27 — Anagayrimenkul is governed by a board of apartment owners, and the management style is decided by this board, subject to the mandatory provisions of the laws.




Article 28 of the Management Plan —
The management plan regulates the management style, purpose and form of management, the remuneration received by the directors and auditors and other aspects of management. The management plan is a provision of a contract that binds all the owners of the floors.4142 Disputes arising from the management of the parent real estate are subject to this law and the general provisions of this law in the absence of provisions in the management plan It is decided according to the rules.
(Modified: 13/4/1983 - 2814/11 d.) Four-fifths of all floor owners are required to change the management plan. The right of the owners of the floors to apply to the court in accordance with Article 33 is reserved.
The management plan and the changes made therein connect the owners of all floors with their minor and minor successors, as well as the directors and supervisors.
The
date of the management plan and subsequent amendments to it are indicated in the digit of the condominium register (Declarations), and these changes are attached to the management plan and stored among the constituent documents of the condominium.


Meeting and Resolutions of the Floor Owners Board

I - Meeting time:

Article 29 — The Board of Estate Owners shall meet not less than once a year in the first month of each calendar year at the times indicated in the management plan, if no such time is indicated. (Additional sentence: 14/11/2007-5711/14 md.) In collective structures, on the other hand, the boards meet in the first month of the second calendar year, at the times indicated in the management plans, not less than once every two years, if no such time is indicated. In the event of an important cause arising, at the request of the manager or inspector or one third of the floor owners, and by a summons or a signed letter to be signed to all the owners of the floor at least fifteen days before the desired date for the meeting, provided that the reason for the meeting is notified, the floor owners board may be convened at any time.
When making the first call, at the first meeting, it is also indicated where and on what date the second meeting will be held, if a sufficient number cannot be provided. (Additional sentence: 14/11/2007-5711/14 md.) The time to leave between the first meeting and the second meeting cannot be less than seven days.

II - Enough Number:

Article 30 — The floor owners' board shall meet with more than half of the number and share of land of the floor owners and decide by majority vote. (Modified second paragraph: 14/11/2007-5711/15 d.) If the first meeting cannot be held due to insufficient numbers, the second meeting shall be held no later than fifteen days later. At this meeting, the number of decision makers is the absolute majority of the participants. The provisions laid down separately for the sufficient number are reserved in this law.

III - Participation in the Vote:

Article 31 — Each floor owner has the right to one vote, regardless of the proportion of the share of the land plot.
Kat Maliki, which has an independent division rather than one in the Anagayrimenkul, has the right to a separate vote for each independent section
it holds; however, whatever the number of independent divisions it owns, the number of votes it holds shall not exceed one third of all votes; fractions shall not be taken into account in the counting of votes.
If
an independent division has more than one owner, someone represents them on the board of floor owners to whom they will delegate. If one of the owners of the floor does not have a driver's license, he or she is represented by a legal representative.
The decision to be taken may be present in the negotiations that directly concern itself, but may not participate in the vote.
(Modified last paragraph: 14/11/2007-5711/16 d.) One of the floor owners can use the game with the hand of an authorized surrogate. A person may not be appointed a proxy to exercise more than five percent of the number of votes. However, in the case of real estate subject to the ownership of forty or less condominiums, one person can delegate to a maximum of two persons.


IV - Decisions:

Article 32 — Anagayrimenkul is governed by the board of floor owners in accordance with the contract, management plan and decisions to be made in accordance with the provisions of the law. All apartment owners and their minor successors, administrators and supervisors are obliged to comply with the decisions of the board of floor owners.
between or with the owners of the floors due to the use or management of the parent property, and
Disputes between auditors or between auditors and managers are resolved and decided upon by a board of floor owners.
Decisions of the Board of Floor Owners shall be signed by all floor owners present at the meeting, indicating the reason for this discrepancy, by writing them in a notarized notebook, starting from (1) and bearing page numbers in turn. Further disputes on an issue are resolved on the basis of the basis if there is an earlier decision on the same issue in the decision book.


V - Intervention of the Judge:

Article 33 — (Amended first paragraph: 14/11/2007-5711/17 para.) Any floor landlord who participated in the meeting but voted against the decisions made by the board of owners, within one month starting from the date of the decision of each floor owner who did not attend the meeting, and in any case within six months starting from the date of the decision of each floor owner who did not attend the meeting, and in any case, within six months starting from the date of the decision, annul it to the magistrate's court at the place where the principal was located can file a lawsuit; the term condition is not sought in cases where the decisions of the board of owners of the floors do not exist or are considered null and void with absolute discretion. The owner of the floor or the owner of the floor who benefits continuously on the basis of the lease agreement, the right of residence or any other reason, who has suffered damage due to the failure to fulfill his debts and obligations, may seek the intervention of the judge by applying to the magistrate's court of the place where the principal property is located
.
The judge, after hearing the interested parties, shall immediately decide in accordance with this law and the management plan and, if there is no provision therein, the general provisions and grounds of fairness, and shall certify or communicate to the person concerned that this must be fulfilled within a short period of time which he shall determine.
(Modified third paragraph: 14/11/2007-5711/17 para.) Those who do not comply with the judge's decision within the prescribed period shall be subject to an administrative fine ranging from two hundred and fifty Turkish Lira to two thousand Turkish Lira by the same court. Article 25 is
reserved.






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