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Turkish Apt. Owner's Act
Legal Consideration Before
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Turkish Apartment Owner's Act
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F) Renewals and additions:

I – Beneficial:

Article 42 – Flat owners shall not be entitled to make any modification at commonly used parts of the main building at their discretion; the renewal of common parts and modifications to make the common parts more easy to use and all other renewals and additions to increase benefit from such common places shall be decided upon by the flat owners based on the majority of their number and land shares.

Expenditures for such works shall be covered by those benefiting from them on the basis of benefit proportion.

(Additional paragraph: 10/12/1990 - DFL – Article 431/1; Accepted: 05/02/1992 – Article 3770/1) Transformation from central heating to individual heating with natural gas upon the request of a flat owner shall be decided upon by flat owners based on the majority of their number and land shares.

(Additional paragraph: 10/12/1990 - DFL – Article 431/1; Accepted: 05/02/1992 – Article 3770/1) If the decision to transform the central heating to individual heating is accepted, provisions of the management plan against this decision shall be deemed to have been amended and expenditures for joint works to be done for this purpose shall be covered based on the proportion of land shares.

II – Costly and luxurious renewals and additions:

Article 43 – If the renewals and additions desired are very costly or deemed to be luxurious taking into consideration the particular condition of the structure, or if they are not in places which are necessarily used by all flat owners of the main building, the flat owners who do not want to benefit from such modifications do not have to contribute to the expenditures; the costs of such renewals and additions shall be covered by the flat owners who decided for their implementation.

However, if the flat owners or their complete or partial successors who originally did not contribute to the costs start to contribute to the construction and maintenance of the renewals and additions based on their land shares, they shall be entitled to benefit from the luxurious renewals and additions.

III – Addition of independent flats:

Article 44 – For building additional flats on the main building or changing the attic flat to full flat or for constructing additional buildings specified in the second paragraph of Article 24 in the basement of the apartment or empty field of the land:

a) Board of flat owners shall have to unanimously decide on this;

b) Land share of all independent flats including all new additions according to the new condition of the main building after the construction works have been completed shall have to be duly and unanimously determined again;

c) Easement for land share from the new independent flat to be added shall be established with an official title deed before land registrar officials in accordance with Article 14 and this shall be registered in the easements field of flat owners’ ledger of all independent flats of the main building and a reference shall be provided to the old ledger page of the main building in accordance with article 13;

Flat owners who allow for the additions and expansions with the nature defined hereinabove but do not want to contribute to such works shall be recorded in an official document to have agreed that the diminished part of their land shares due to these additions shall be added to the independent flats of those contributing to the additions.

In this situation, the price of the diminished part of the land share of the flat owners who did not participate in the construction of the new independent flat shall be paid and possession of the new independent flat shall be established in line with the old official deed about the easement and it shall be under the ownership of those who constructed it and this shall be registered in a new page of flat owners’ ledger to the name of the new owner or owners.

G) Transfers and important works:

Article 45 – Imposing a restriction on the main building due to a right or dividing the land and transferring the possession of the divided part to another person and important works including the renting of outer walls and roof of the main building for advertisement purposes shall be agreed upon with the unanimous decision of all flat owners.
 
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