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Turkish Apt. Owner's Act
Legal Consideration Before
Buying A Property in Turkey
 
Turkish Apartment Owner's Act
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b) Estimated amount of money to be paid by each flat owner for all expenditures as calculated according to the principles defined in Article 20 of this law.

c) Amount of advance fee to be collected from each flat owner according to the principles in Article 20 to cover the estimated expenditures and other possible expenditures.

This plan shall be notified by registered mail to the flat owners or those who actually occupy the independent flats, who shall sign the receipt of the notification. All objections to the plan raised within seven days after the notification has been served shall be reviewed by the board of flat owners and a decision shall be made on the plan, and a new plan shall be prepared if required.

Finalized operations plans or decisions of the board of flat owners regarding the operation expenditures shall have the effect of the documents defined in Paragraph 1 of Article 68 of Execution and Bankruptcy Law.

III- Responsibilities:

1. General rule:

Article 38 – The manager shall be responsible against the flat owners as a proxy.

2. Accountability:

Article 39 – The manager shall give account of the revenues collected and expenditures made in connection with the Main building to the board of flat owners at dates specified in the management plan and if no such date is specified, in the first month of each calendar year.

The manager shall reveal the accounts at dates other than those specified in the management plan upon the request of one-half of flat owners regardless of their land shares.

IV - Rights:

Article 40 – The manager shall have the rights of a proxy in principle.

If the flat owners fail to fulfil their obligations and pay their dues on time and in full despite the notice served by the notary public upon request of the manager, the manager shall be entitled to annul his/her contract without being forced to pay any compensation and demand the indemnification of his/her losses arising from this event from flat owners.

The manager can demand a suitable wage from flat owners even if a fee is not specified in the management plan or the contract he/she signed.


(Amended paragraph: 13/04/1983 – Article 2814/13) Board of flat owners shall decide whether the manager designated from among the flat owners will contribute to normal operation expenditures and if he/she will, in what proportion. If a decision has not been made to this end, the manager shall not pay one-half of the normal operation expenditures during his management period.

E) Audit of management:

Article 41 – Board of flat owners shall continually audit the manager in his position and shall be entitled to replace the manager if a justified reason occurs.

If a date is not specified in the management plan for the audit of the accounts, the audit can be performed once in a three-month period; however, the audit of the accounts can be performed at any time if a justified reason occurs.

Board of flat owners can designate an auditor from among themselves based on the number of votes or majority of land shares or designate a board of auditors board composed of three members; and the auditor or the board of auditors shall submit to the board of flat owners an audit report which also states their opinion about the method of management of the main building at dates specified in the management plan and if no such date is specified, in the first month of each calendar year.

Auditors shall record this report and their decisions and views in a book, each page of which is certified by the stamp of a notary public and contains pages numbered starting from (1), and shall append the dates and their signatures.
 
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