Execution of Business Project, Appeal Period and Finalization

Obligation to Prepare a Business Project As stated in Article 37 of the Law on

Condominium Property, the board of floor owners is required to prepare a business project without delay if the apartment building does not have a business project.

3. Carrying out the business project:

Article 37 — (Modified: 13/4/1983 - 2814/12 d.)

If there is no business project accepted by the establishment of floor owners, the manager makes a business project without delay.

In this project, in particular:

a) estimated amounts of income and expenses in the one-year management of the parent property;

b) The estimated amount to be deducted from all expenses to each floor owner according to the principles in article 20 of this Law;

c) the amount of advance that each floor owner must make in accordance with the principles set out in Article 20 in order to cover the estimated expenses and other possible expenses;

It is shown.

This project is notified to the owners of the floors or to those who actually benefit from the independent part, in exchange for their signature or by letter of commitment. If the project is contested within seven days starting from the notification, the situation is examined in the floor owners' board and a decision is made about the project, if necessary, a new project is prepared

.

Finalized business projects or decisions of the board of apartment owners on operating expenses are counted from the documents specified in paragraph 1 of Article 68 of the Law on Enforcement and Bankruptcy.

How Do I Prepare a Business Project?

The business project consists in calculating the estimated annual amounts of expenses, determining the estimated amount that will fall on apartments due to these expenses and calculating the amount of dues to be collected from apartments to deduct expenses.

If we explain it to you with a very simple

example; Let's say we have an apartment with 10 apartments. Let's write down our estimated income and expenses for 2016 for this apartment.

2016 EXPENSES (Yearly):
Building Attendant Fee = 21.600 TL
Elevator Maintenance = 1,200 TL
Cleaning Expenses = 800 TL
Electricity - Water = 600 TL
General Expenses = 2.000 TL Our estimated annual expenses in the above example are 26,200 TL.

If we distribute our total expenses to apartments, the amount that an apartment resident will pay (26,200/10) is 2,620 TL. If we distribute it over months (2.620/12) 218 TL will come out.

So the amount of dues that will be collected for this apartment in 2016 is 218 TL.

When you search the internet as an example of a business project, you can find different different examples. There is no file here that the exact and accurate template of the business project is this. The main thing is to write down, distribute and have a payment plan for annual estimated expenses.

You can easily do the above example with Biyos. Click here to download the sample project file I prepared with Biyos...

the Business Project The business project prepared by the

management is notified to the residents of the apartment by mail or by signature. However, in the event of non-notification or irregular notification, your debt obligation does not disappear. In this regard, the decision of the Supreme Court of 12 June 1995 as a result of a court case summarizes: “Even if it is necessary to carry out a business project according to the provisions of the Law on Condominium and its notification to the owners of the floors, if such an operation is not carried out, the owner or tenant of the floor will not be relieved of the obligation to participate in the common expenses. The sanction of this is the loss of the opportunity to take advantage of the provision of the last paragraph of Article 37 of the Law on Condominium. In this case, the administrator is obliged to provide proof in the office of general provisions, which he will receive with the action that he will bring according to article 67, and not according to article 68 of the Executive Bankruptcy Code.” He has a decision in the form. So, according to this decision, we cannot say that the manager hung the business project on the board did not communicate it to you, or left a copy of the business project on your doorstep without your signature, etc., we cannot say that I was not notified.

The business project communicated to the tenant is also considered to have been communicated to the owner of the building. The tenant must also forward the business project to the floor owner.

How and When to Appeal a Business Project

The business project can be appealed within 7 days after the date of notification. It is enough to write a petition for renegotiation of the relevant business project by writing a petition to the apatman or the site administration for an appeal. So that's how much money goes into your petition? Why is it so high? You don't need to write stuff like we can make it cheaper, etc. You can express them at the meeting that will be held after your objection. Give the petition you have written for the appeal to your manager within 7 days for signature or forward it to your manager by registered mail.

The appeal made is examined in the board of floor owners and a decision is made on the project, if necessary, a new project is prepared.

Finalization of the Business Project If there is no

objection within 7 days after the business project has been notified, the business project will be finalized. Finalized business projects or decisions of the board of apartment owners on operating expenses are counted from the documents specified in paragraph 1 of Article 68 of the Law on Enforcement and Bankruptcy.