Legal light on the management of residential complexes in Turkey
Through Imtilak Real Estate, we will shed a light on all matters related to the management of residential complexes in Turkey, and the duties that fall on the manager of the complex according to Turkish laws.
Legal light on the management of residential complexes in Turkey
Table Of Contents
Legal insight on the management of residential complexes in Turkey
The management of residential complexes means the management and administration of the work necessary for the continuation of the basic and additional facilities in the residential complex, to serve its residents to the fullest, and these works differ from one complex to another but generally include cleaning, maintenance and guarding, managing public facilities, and organizing their use.
The legal frameworks for the management of residential complexes have been developed and regulated in many laws, appendices, and implementing regulations, the most important of which is the law governing this.
In the laws governing the administration of a property, the landlord or the council of owners, consisting of all the owners of shares in the property, is the highest legal authority in the property, who identify the managers, approve the management plans and periodically evaluate the performance of the department.
Assignment the Director of the Residential Complex
In accordance with Turkish law, the assignment of management for residential complexes and buildings is mandatory as Article 34 of the Floor Property Law states:
The owners of the main property are required to assign a manager of the property, in the event that this property consists of eight or more parts of an independent property, and if these parts are under the ownership of one owner, the owner is considered the legal manager of the property.
In residential complexes, the law allows landlords to assign managers of residential complexes, from among or outside the owners, and this should be in conformity with the owners, who constitute the legal authority in the management of the housing complex.
In the event that owners do not assign a property manager or do not agree to appoint a principal property manager (residential complex), a property manager may be appointed by the Magistrate's Court, if one of the owners applies to the nearest magistrate's court from the area of the estate.
The statutory term of office of a property manager (residential complex) is one year, after which the Council of Owners meeting for reappointment is re-convened, and if the manager is appointed by a decision of the Magistrate's Court, the statutory term of office is six months.
The Legal Director is a legal agent for all owners and can represent them collectively in any legal order relating to the main estate. In return, he is obliged to inform the Council of Owners of any development, in any legal order he takes up on their behalf.
On the other hand, he is not financially liable for any compensation or financial penalty imposed on the owners for failure to perform his financial obligations, and in the event of such failure, he can request the termination of his contract and claim his damages from the Board of Owners, in accordance with the law.
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Tasks of managing the property or residential complex
Article 35 of the Floor Property Law states: the tasks of the managers of the residential complex are defined in the management plan unless otherwise provided in the plan, and the directors of the residential communities perform the following tasks:
Implementing the decisions issued by the owners' council.
Taking the necessary measures to achieve and maintain the use of the primary drug for the purpose for which it was intended.
Conclusion of insurance on the main property.
In addition to carrying out the general work of the main property administration, the manager will raise a sum of money as a payment for maintenance and cleaning work, pay insurance on time for all payments in the plan, and in the first month of the year when the time in the plan is not fixed, and also raise the remainder of the money when the payment he has raised is made.
The manager also shall pay all debts and payments owing to the management, and carry out the consequent transactions, and also collect the rents of the leased real estate parts, in case he is authorized to do so by the owners.
Receipt all notifications related to the main property.
Taking the necessary measures to ensure that no right is missed or that there is no derogation from any right in respect of the main property.
Taking the necessary measures to maintain, care for and preserve the property on behalf of the owners in matters concerning them.
Following up on the invitations and executive procedures of the owner who defaulted on debt payments, and the financial obligations related to the ownership of the property part and registering the legal mortgage right in the concerned institution.
Opening a bank account in his name and, in the capacity of the main property manager, exclusively in one of the banks in question, in order to deposit the payments collected and, where necessary, to take them into account.
Inviting the owners of the shares of apartments to the meeting of the Council of Owners
Ensuring the operation of elevators in the main property, supervising the periodic maintenance necessary for their continued operation, organizing annual lists of elevators, and paying the necessary wages for that.
The owners of the residential complexes are jointly responsible for this business, at a stage prior to the assignment of a property manager.
For more information, read our article on Turkish Property Law.
What is the residential complex management plan project? What are the basics of preparing it?
The residential complex management plan project is a written plan, which includes all the works that will be performed by the management of the residential complex, in addition to specifying the costs of these works in a predictive manner, and this project is for a full year.
In accordance with Article 37 of the Floor Property Law, the residential complex management plan project must include the following:
Estimated expenses of the main property for one year.
The estimated share of the costs to each owner according to his or her share in the main property, which is calculated on the basis of Article 20 of the Floor Property Law as follows:
The expenses of the doorman, the heating maintenance, and the caretaker, and the superintendent of the gardens are distributed equally to all owners.
Insurance expenses for the main property, expenses for the operation, maintenance and maintenance of common facilities, general maintenance expenses, and director's salary are calculated on the basis of the owner's share of the land.
After the draft plan has been prepared, it shall be sent in writing to all owners and, in the event of any objection to the project, within 7 days from the date of the notice, the objection shall be reviewed and decided upon at the meeting of the Board of Owners. In the absence of objection, the draft shall be approved as a management plan for a full year.
For those who are thinking of living in Istanbul, we offer you, in Imtilak Real Estate, a variety of residential complexes in Istanbul within the most prestigious neighborhoods and regions, whether in the European or Asian parts of the city. Owning a property in one of the residential complexes in Istanbul is an ideal option for those wishing to work and invest at the same time.
Edited by Imtilak Real Estate©
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