If you live in a Turkish apartment block or in a property on a shared site Turkish law dictates how, amongst other things, the owners share costs, maintain common areas, carry out repair works and more.

The condominium law, Kat Mulkiyeti in Turkish, concerns not only private property but also business and other types of property where owners effectively own a freehold share of the wider property and land.

It covers a wide remit ranging from the initial easements through to how to resolve disputes for non payment of shared costs due.

It also states how owners should organise themselves for the management of the shared areas.

If you have just moved into a brand new development it is unlikely that the necessary management process has been set up.

If on an older site you may also not have a process in place because it may be that, through ignorance of the law or other factors, someone such as the developer has decided to take over the management role.

But the law is clear that as owners you have the right to manage your property.

So what are the steps that need to be taken to get things organised and have your own management process?

  • Firstly, you will need to arrange an initial meeting to get the ball rolling. At this meeting owners can be made aware of the requirements of the law and what steps need to be taken to get organised. At this meeting it can be decided who stand to be the manager or if a management company will be sought when the first official meeting is held.
  • Next obtain the necessary books available from local stationers (Turkish name listed first):
    • DEFTERI – A book for the minutes of the meetings. This should be taken to the Public Notare who will stamp every page of the book and place a certificate on the first page of the book. A charge is made for this. Without the necessary stamps the book is unofficial and therefore cannot be used if subsequently a court case is taken over a disagreement.
    • ISLETME HESABI DEFTERI – A book for keeping the accounts – the income and expenditure. This doesn’t need to be stamped by the Notare.
    • GIDER PUSULASI – Receipt books for issue of income collected or expenses paid.
  • Organise the first official meeting giving at least 15 days notice. At this meeting, where at least 4/5ths of the owners should be present, a manager/treasurer should be appointed.
  • If 4/5ths cannot be present another meeting must be organised where the correct number will be present or a proxy vote obtained.
  • Note the decisions agreed in the minutes and obtain the signatures on the book of those in attendance.
  • Meetings should be held at least once a year.

So that’s the process to get set up and running.

Now comes the hard part – getting agreement between the other owners as to what needs to be done, when and how much it will cost!

This article is intended to raise general awareness of the principles of the law. You should always seek professional advice!

8 COMMENTS

    • Hi. Not sure that you need to do that. Why not just hook up via Skype to the meeting and attend remotely.

      • The problem with sending proxy votes is that any one person can send it and sign it. How can you tell who sent and signed it!!!
        A copy of their passport would sort this problem and also stop any committee providing and using false proxys to make up the numbers or getting there own way at meetings. My committee has done the same, used proxy votes wrongly. Another complex is now using the passport on their proxys because of the same problems.

        Thank you for your time.

        Cameron.

  1. Hi Iain, a useful article thank you.
    Just to follow up on the same question as Garry above.
    1) So to change the fees structure and to considerably increase the fees then the chairman/manager or committee would need to get 4/5ths of owners to vote to up the fees?
    2) Also would this need to be included in the management plan?
    3) We have a very outdated plan from 2011, the chairman has sent us a single email, a demand for payment and a budget for 2016. He has told us that this is the new management plan, this is not legal is it?
    4) In addition i have heard that maintenance fees can be paid in installments (monthly say), is this acceptable.
    Sorry for all the questions but many owners are very unhappy.
    Thank you kindly in advance.
    Alex

  2. If you have a voted in management and she or he decides to resign, can another member of the committee take over without being voted in by a majority vote at another AGM

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