How Does Site Management Works in Turkey?
As Antalya Homes is mostly selling real estate to foreigners, we face commonly the same questions about the management of the complexes from our clients. Each country has more or less the same rules about the managing of real estate. This article is written to inform our clients and other foreign real estate buyers in Turkey about the Owners Association.
Site Management or Owners Association means "Site Yönetimi" in Turkish. Owners Association is organized by Commonhold Property Law no:634. When anybody buys a property in a complex / compound, you accept to obey the rules of Management Plan on title deed signature at General Directorate of Land Registry and Cadastre. You may ask about your real estate management plan when you receive your title deed. Generally, Management Plan is a standard text if it is not tailor-made prepared by the constructor.
Establishing and Holding Site Management Meetings
Whenever you buy a property from a new building, good construction companies establishes the management. If not, you need to co-operate with your neighbors. In order to establish management, a meeting should be held by all property owners. Here are the steps according to the law;
Prepare meeting agenda and invitation to Site Management Meeting
Write all subjects that should be discussed in the meeting like (establishing site management, selecting site management members, determining maintenance fee, determining caretaker or security working rules, etc) According to Commonhold Property Law, you may not make a decision in the meeting if it is not declared in the agenda and invitation. You need to invite owners with meeting addresses and times for both meetings.
Determine a date for the meeting
You need to declare two meeting dates if the majority of property owners (the majority is 51%) do not participate in the first meeting. The second meeting may be set after 7 days from the first meeting date. At the second meeting, the majority is not mandatory anymore.
An invitation with meeting agenda should be delivered to all property owners. One copy you may hang at the complex or building entrances where everybody can easily see. Unfortunately, it is enough. There are two ways to deliver invitations;
1- These invitations might be delivered to the property owners against a signature on the "Invitation Delivery Sheet"
2- If the property is empty, rented by a tenant or it is not possible to reach the property owner, you have to send this invitation by "registered and reply paid letter". After sending letters, keep the registry documents for management records that all owners are really invited.
You may prepare "Decision Book" and "Operating Ledger" before the meeting. Prepare a paper sheet of "Presence of meeting document" where every meeting participant may sign if they are present at the meeting. If the majority comes on declared time and place, the meeting begins; if not the second meeting will be held.
Second Meeting if needed
The majority of property owners number is not mandatory anymore. Even there is one property owner and if all invitations are correctly made, you may take all decisions yourself. All decisions should be taken with the votes of 51% of meeting attendants.
After site management is established, the manager is authorized until January. It is important to write detailed tasks powers of manager in the decision book like bank account opening/managing, giving the power of attorney to a lawyer, acting at SGK (insurance authority) and Tax office. After the meeting, attendants must sign meeting decisions. It is stuck to Decisions Book. A Notary Public selected Site Manager gets his legal authorization on behalf of Site Management.
Annual Site Management Meetings
Every decision of site management is taken in these meetings. Every property owner should obey the rules and decisions of these meetings. These decisions may not conflict with the Management Plan and Turkish-related laws.
Site Managers and are selected and authorized just for one year. These meetings must be held every year in January annually. It is advised to attend these meetings or let yourself presented by one of your friend, neighbor or your tenant. Your representative may attend them with the below document of Representation for Site Management Meeting;
Representation for Site Management Meeting | Site Toplantısı Vekaleti
As a property owner of ........(write block, property number), I give delegation right to .........(write here the person name). He is authorized to vote and to discharge at the meetings held in 2016.
Your Full Name and Signature
Selecting the Meeting Board
At declared time and place meeting begins after signing the presence sheet. Firstly meeting chairman and a writer should be selected to moderate the meeting. The chairman should not be the previous site manager or board of control.
Previous Year Management / Audit Reports and Discharge
A proper manager and audit should have copies of their reports before the meeting. The manager reads the previous year's activities as a report to attendants. Board of control members should have controlled and seen all expenses, receipt of payments, receipt of collected maintenance fees before the meeting. One of the board of control members reads the audit report. After both reports are presented, the manager and board of control are voted for discharge finally about the previous year's management and financial status. Every property owner may ask to control the financial reports and proofs of payment and costs before or at the meeting. If you are not convinced about the clearance of records, ask in the meeting to get the report if it is not delivered yet. If you think that there is a cost without any evidence or financial balance is not correct, you may claim to the Civil Court of Peace in one month time after this meeting. Courts control the audit report on behalf of all property owners.
Selecting New Site Manager and Board of Control
New manager and Board of control members are selected. A site manager can be anyone or any company. But the board of control members must be from property owners. They will be authorized to perform all decisions are taken at the meeting to which he is tasked.
Declared Meeting Agenda and Things to Decide
All points which were declared in the meeting agenda will be discussed and resolved in this part of the meeting like; general claims, caretakers working plan, maintenance fee amount, lifts, operating time of swimming pool, etc. There might need a repairment, painting or any additional works in old buildings. In this case, a budget is decided in the meeting. Owners may vote and accept to pay these additional costs. In order to make a decision, 51% of present attendants is enough to accept as a decision of the meeting. It is important to write
Maintenance Fees and Additional Costs
The maintenance fee is decided at these meetings and every property owner should pay it. If management asks for additional costs for repairing or painting the building, pay it. We advise our customers never to resist against management about these payments. If you are not sure if they are rightful asking from you, ask the manager to see the decision book where it writes. They have to show you these decisions. There should clearly be written how much it should be paid for units and the reason. Pay every time against a receipt with a clear description like;
The maintenance fee for March 2016
Additional payment for painting August 2017
We advise our clients to pay in advance for 6 months if they do not stay regularly at home. Even you stay or not, managers should make these costs and pay the salary of the staff. It will be a good neighborhood for you to pay advance in place of having long time debt. Advance payers are mostly more liked than later paying or non-paying neighbors.
If you don't pay additionally demanded payments or maintenance fees, you would be sure that they will get it from you by the enforcement office with legal costs, lawyers fees, and interests. If your debt is much higher, your neighbors may take a decision to let your apartment sell at the enforcement office, too.
Turkish Dictionary of Site Management and Facts
Kat Mülkiyeti Kanunu - Commonhold Property Law
Yönetim Planı - Management Plan
Site Yönetimi - Site management or Owner Association
Tapu - Title Deed, ownership registry document
Toplantı Gündemi - Meeting agenda
Aidat - Maintenance fee
Davetiye Dağıtım Cetveli - Invitation Delivery sheet
Tebligat - Legal Invitation
İadeli Taahhütlü Mektup - registered and reply paid letter
Karar Defteri - Decision book
İşletme Defteri - Operating Ledger
Hazirun Cetveli - Presence of meeting document
Çoğunluk - Majority is 51% of property units. One person may not vote more than 1/3 of the meeting attendants according to the law. Property units are not counted in this case.
Site Yöneticisi - Site manager
Denetim Kurulu - Board of control
Sulh Hukuk Mahkemesi - Civil Court of Peace
Toplantı Vekaleti - Representation for Meeting
Author: Bayram Tekçe