Management in Mass Buildings: Legal Regulations, Bodies and Problems in Practice

Collective buildings are building systems consisting of multiple independent sections, as a result of modern urbanization, where common areas and social life are shared. In these systems, ensuring order requires an effective management approach in order to both protect the rights of the condominium owners and to maintain a peaceful common life. The Condominium Law (KMK) clearly defines the duties and responsibilities of the management bodies while determining the principles regarding the management of condominiums.

However, disagreements may occasionally occur between condominium owners on issues such as dues payments, use of common areas and management decisions. In this article, all important points will be discussed, from the establishment of condominiums to management processes, from control mechanisms to suggestions for effective management.

Subheadings

1. The Concept of Mass Building and Its Legal Nature
2. The Importance of Site Plan and Management Plan in Mass Buildings
3. Establishment of Mass Structures and Management Processes
4. Common Areas in Mass Buildings and Principles of Participation in Expenses
5. Condominium Owners' Assemblies: Duties, Meeting Principles and Quorums
6. Duties and Responsibilities of the Mass Building Manager and Board of Directors
7. Interim Management: The First Steps of Mass Building Management
8. Auditing in Mass Buildings: Management Control Mechanisms
9. Disputes and Solutions in Mass Buildings
10. Conclusion: Recommendations for Effective Management in Mass Buildings

1. The Concept of Mass Building and Its Legal Nature

The concept of collective building has entered our legal system with Article 66 added to the Condominium Law (KMK) by Law No. 5711. According to this regulation , collective building means more than one building constructed or to be constructed on one or more zoning parcels in accordance with an approved settlement plan, connected in terms of infrastructure facilities, common use areas, social facilities and services .

Legal Nature: Collective buildings
are a special form of property owned by independent unit owners within the scope of the condominium system . However, the most important feature of collective buildings is the common areas and the obligations they impose on the unit owners in terms of the management of these areas.

Features:

1. Connected Buildings: Mass buildings are connected to each other through infrastructure facilities and common use areas .
2. More than One Zoning Parcel: Mass buildings can be built on a single zoning parcel or on more than one parcel. However, if there is more than one parcel, these parcels must be adjacent or neighboring .
3. Condominium Ownership: In the mass building system, independent section owners have the right to share ownership not only in their own sections but also in common areas .

Supreme Court Decisions and Practices:
In the Supreme Court precedents, collective buildings are defined as sites and the provisions of the Condominium Law are taken as basis in disputes regarding the arrangement, management and use of common areas .

As a result, mass buildings are a model of construction that has emerged as a result of modern urbanization and responds to both social and legal needs. The legal framework of this model clearly regulates the rights and obligations of the flat owners and aims to ensure the fair management of mass buildings.

2. The Importance of Site Plan and Management Plan in Mass Buildings

In mass buildings, the site plan and management plan are the most important legal and technical documents that ensure the orderly operation of the buildings. These plans play a critical role in the establishment and management of mass buildings and in preventing disputes between the flat owners.

What is a Site Plan and Why is it Important?

The site plan is an approved plan showing the locations of buildings, common areas, roads, parks and infrastructure systems on the parcels where mass buildings are located .

• Legal Basis : Preparation and implementation of the layout plan is mandatory in accordance with Article 66 of the Condominium Law .
• Competent Authority : The plan is approved by the relevant municipalities and becomes official.

Importance:

1. Layout of Buildings: Ensures the orderly positioning of independent sections, social facilities, roads and green areas in the mass building .
2. Determination of Common Areas: The site plan clearly determines the common areas and their boundaries. This prevents disputes that may arise between the flat owners .
3. Compliance with Land Registry Records: The site plan is used as a basis in creating land registry records and determining the boundaries of real estate.
4. Legal Assurance: Constructions and uses contrary to the layout plan are subject to legal sanctions.

Example: Improper use of green areas or parking lots in a public building site constitutes a violation of the layout plan and in this case, the management may take legal action.

What is a Management Plan and Why is it Important?

The management plan is a document that regulates the rules and principles that the owners and management of a building must comply with , and is a contractual document to which all owners are bound .

Basic Features of the Management Plan:

1. Binding: The management plan is a binding contract for the flat owners and independent section users.
2. Use of Common Areas: How common areas will be used and managed is specified in detail in the management plan.
3. Sharing of Expenses: The management plan regulates the principles on which common expenses will be shared among the flat owners.
4. Duties of the Management and Supervisory Bodies: The duties, authorities and responsibilities of the mass building manager, the board of directors and the supervisory board are clearly determined in the management plan.
5. Amendability: Amendments to the management plan can be made with the unanimous vote of all property owners or under certain quorum conditions.

Function of the Site Plan and Management Plan Together

• Harmonious Construction: While the site plan provides the physical order of the mass structure, the management plan regulates the functioning of these structures.
• Legal Protection: Both plans are legally binding and ensure the orderly management of the collective body.
• Prevention of Disputes: The rules set in the management plan and the boundaries in the layout plan make it easier to resolve any problems that may arise between the property owners .

Sample Application:

On a mass construction site:

• Parking areas and social facilities are determined by the site plan .
• Thanks to the management plan, the use of these areas is regulated and the rules that the flat owners must comply with are determined (e.g. parking lot usage hours, dues payments, etc.).

Incompatibility between these two plans can lead to both management weaknesses and legal disputes . Therefore, it is of great importance that both plans are carefully prepared and implemented.

In mass buildings , the site plan and the management plan are indispensable documents for an orderly and effective management. While the site plan ensures the organization of the physical structure, the management plan regulates the internal functioning of the mass building. Both plans protect the rights of the flat owners, ensure the correct use of common areas and prevent disruptions in management.

3. Establishment of Collective Structures and Management Processes

The establishment and management processes of collective buildings are regulated within the framework of the Condominium Law (KMK) and other relevant legislation. These processes consist of certain stages in order to ensure that collective buildings are established in accordance with the law and managed effectively.

Establishment of Mass Buildings

The basic steps to be followed for the establishment of mass structures are as follows:

1. Zoning Plan and Project Approval:

• Zoning plans and projects are prepared for the area where mass buildings will be built and approval is obtained from the relevant municipality.
• Projects include elements such as infrastructure facilities, social facilities, roads and green areas.

2. Preparation of the Site Plan:

• A layout plan showing the boundaries of the mass building, the locations of the buildings and common areas is prepared and approved.
• This plan provides a legal basis for the establishment of mass building management.

3. Organizing the Management Plan:

• A management plan that specifies the rules for the management of the mass building is prepared and registered with the land registry.
• The management plan regulates the rights and obligations of the flat owners and draws the framework of the mass building management.

4. Conversion of Independent Sections to Condominium:

• In order to establish condominium or floor ownership rights for independent sections, the necessary procedures are carried out by applying to the Land Registry Directorate.

5. Establishment of the Interim Administration:

• A temporary management is established by the contractor or project owner until the construction is completed .
• The interim management is responsible for administrative affairs during the completion of the collective structure .

Mass Building Management Processes

In the management of collective buildings, a specific system and bodies come into play in accordance with the Condominium Law .

1. Establishment of Governing Bodies

After the completion of the collective building, management bodies are formed with the participation of the owners of the independent sections:

• Condominium Owners' Board: It is the most authoritative body in the collective building. Condominium owners hold meetings and make management decisions.
• Manager or Board of Directors: Person or board elected by the condominium owners' council. Carries out management affairs.
• Supervisory Board: It is the body responsible for supervising the activities of the management.

2. Determination of Duties and Responsibilities

• Executive/Board Duties:
  • To ensure the maintenance and repair of common areas of the mass building,
  • Determining expenses and collecting dues,
  • To ensure that common areas are used in an orderly and safe manner.
• Duties of the Audit Board:
  • To supervise management activities and submit reports to property owners.

Management of Common Areas and Expenses

The use of common areas and the sharing of expenses are of great importance in the management of collective buildings :

1. Common Areas: Areas that are open to everyone's use in a community building, such as roads, parking lots, gardens, and social facilities.
2. Sharing of Expenses: Flat owners are obliged to share in common expenses in proportion to their land share .
3. Membership Fee Payments: Regular payment of membership fees as determined in the management plan ensures the sustainability of the management.

Problems Encountered in Management and Their Solutions

Some problems may arise in mass building management processes:

• Delay in Membership Payments: Any delay in membership payment among the property owners will negatively affect management activities.
  • Solution: Legal proceedings may be initiated.
• Incorrect Use of Common Areas: Using common areas for individual purposes leads to disputes.
  • Solution: It should be ensured that the rules specified in the management plan are followed.
• Management Disputes: Disputes regarding management decisions may arise among the property owners.
  • Solution: Condominium owners' board meetings should be held regularly and decisions should be made transparently.

The establishment and management processes of collective buildings are regulated by the Condominium Law , and certain steps must be followed in order to ensure the effective management of the buildings. The preparation of the management plan, the establishment of management bodies and the regular use of common areas play a critical role in the sustainable and fair management of collective buildings.

4. Common Areas in Mass Buildings and Principles of Participation in Expenses

Collective buildings are living spaces where multiple independent sections are connected to each other via common areas and facilities. The use of common areas and sharing of expenses are of great importance for the sustainable management of such structures . The Condominium Law (KMK) has clearly regulated this issue, and the definition, use and participation in expenses of common areas have been determined within a legal framework.

What are Common Places and How Are They Determined?

Common areas are areas defined in accordance with Article 4 of the Condominium Law and are open to the use of all condominium owners. These areas directly or indirectly ensure the functional integrity of the collective building.

Scope of Common Places:

1. Land and Basic Structures: The land and basic elements on which the buildings are constructed.
2. Social Facilities: Gardens, children's playgrounds, gyms, swimming pools and parks.
3. Common Infrastructure Facilities: Systems for public use such as elevators, garbage areas, water and electricity systems.
4. Roads and Walking Areas: Vehicle paths within the site and paths reserved for pedestrian use.
5. Security and Maintenance Areas: Security rooms, storage areas, generator and technical maintenance areas.

Note: Common areas must be clearly stated in the management plan and recorded in the land registry records. Areas not clearly stated in the management plan are legally considered common use areas .

Principles for Participation in Common Expenses

Expenses arising from the use of common areas in collective buildings are covered by the flat owners . This principle is regulated by Article 20 of the Flat Ownership Law .

Definition of Common Expenses:

Common expenses are the expenses incurred for the maintenance, repair, preservation and management of common areas . These include:

• Maintenance and operating expenses of facilities such as elevators, pools and parking lots,
• Cleaning and lighting costs of common areas,
• Expenses for security, landscaping and social facilities,
• Salary and insurance payments of management officials.

Obligations of Flat Owners to Participate in Expenses

The flat owners must contribute to the common expenses in proportion to their land shares . However, if a different sharing principle is foreseen in the management plan, this rule will be followed.

Key Points:

1. Usage Condition Does Not Matter:

• Whether or not a flat owner uses the common area does not eliminate the obligation to contribute to the expenses.
  For example: An owner must contribute to the elevator expenses even if he does not use the elevator.

2. Tenants and Expenses:

• The tenant is responsible for paying usage costs (electricity, water, etc.). However, maintenance and repair costs of common areas are the responsibility of the owner.

3. Membership Fee Payments:

• The amount of the membership fee is decided at the board of flat owners meeting. In case of any delay in payments, legal proceedings may be initiated.

Court of Cassation Decision:
The Court of Cassation has clearly emphasized the obligation to participate in common expenses and ruled that enforcement proceedings may be initiated if these payments are not made .

Legal Consequences of Not Participating in Common Expenses

If one of the flat owners does not pay the common expenses, the following steps can be taken:

1. Warning: The management sends a written warning to the property owner who does not make the payment.
2. Delay Compensation: In accordance with Article 20 of the KMK, a delay compensation of 5% per month may be applied for delayed payments.
3. Enforcement Proceedings: In case of non-payment of dues, the management may initiate enforcement proceedings.
4. Right to File a Lawsuit: Other property owners may file a lawsuit against the non-paying owner.

The use of common areas and sharing of expenses in collective buildings are of vital importance for the orderly operation of the buildings. It is a legal obligation for the flat owners to contribute to the common expenses in proportion to their land shares. Failure to pay dues or improper use of common areas may be subject to sanctions by the management. Therefore, the adoption and implementation of the rules in the management plan by all flat owners ensures the effective management of collective buildings.

5. Condominium Owners' Assemblies: Duties, Meeting Principles and Quorums

In mass buildings , the condominium owners' council is the highest decision-making body of the mass building management. The condominium owners' council acts within the framework of the Condominium Ownership Law (KMK) and makes important decisions regarding the operation of the mass building. The duties of the council, meeting principles and decision quorums are determined by law and all condominium owners are required to comply.

Duties of the Condominium Owners' Board

The condominium owners' council is the body that has the authority to make decisions on the management of mass buildings. Its duties are as follows:

1. Approving and Amending the Management Plan:

• Determining the rules of the collective structure and changing the management plan when necessary are among the duties of the board.
• To make changes to the management plan, unanimity or the quorum specified in the law is required.

2. Electing the Director or Board of Directors:

• The condominium owners' council elects and authorizes the mass building manager or the board of directors.

3. Approving the Budget:

• The annual income-expenditure budget of the mass building is prepared and approved by the condominium owners' council.

4. Determination of Membership Fees and Expenses:

• The maintenance, repair and management costs of common areas and the dues are determined by the board.

5. Establishing the Board of Auditors:

• A supervisory board is elected to supervise the activities of the management.

6. Making Maintenance and Repair Decisions:

• Necessary decisions are made and funds are allocated for the maintenance and repair of common areas in the collective building.

Meeting Principles

The meeting and decision-making of the condominium owners' council is determined according to the relevant provisions of the KMK:

1. Meeting Time:

• The condominium owners' council holds an ordinary meeting at least once a year .
• In extraordinary circumstances, an extraordinary meeting may be held upon the request of 1/3 of the managers or flat owners.

2. Meeting Call:

• in writing by the manager 15 days in advance .
• The place, time and agenda of the meeting must be clearly stated in the call.

3. Agenda:

• The issues to be discussed at the meeting should be stated as agenda items.
• Topics not on the agenda may be added to the meeting by majority decision of the flat owners.

Decision Quorums

The majority quorums for decisions to be taken by the condominium owners' assembly are clearly stated in the law.

1. Absolute majority:

• In ordinary meetings, decisions are taken by the majority of the number and land share of the flat owners.
• For example, a simple majority is sufficient for agenda items such as determining membership dues amounts.

2. Unanimity:

• Unanimity is required for important decisions such as changes to the management plan or changing the purpose of use of common areas.

3. Land Share Majority:

• For expenses such as major repairs, renovations or renewals, decisions are made by the majority of the land share.

Important Note: Decisions taken without complying with the decision quorums are considered invalid and may be annulled in case of objection.

Binding Force and Implementation of Decisions

Decisions taken by the condominium owners' council:

• It binds all flat owners and independent section users.
• Decisions are written in a decision book and signed by the meeting participants.

Right to Participate in the Meeting and Object

The rights of property owners who cannot attend the meeting are as follows:

1. Objection to the Decision: The decisions taken can be objected to within 1 month from the date of the meeting .
2. Right to File a Lawsuit: If a decision is made that is contrary to the law or the management plan , one of the property owners may file a lawsuit for annulment in the Civil Court of Peace.

is the highest decision-making body that ensures the effective and fair management of mass buildings . Its duties include the organization of common areas, approval of the budget and the selection of managers. Board meetings should be held regularly, decisions should be made by majority vote and the rights of the condominium owners should be protected. The participation and sense of responsibility of the condominium owners are vital for the sustainability of mass building management.

6. Duties and Responsibilities of the Mass Building Manager and Board of Directors

The manager and the board of directors play an important role in the orderly and effective management of collective buildings . According to the Condominium Law (KMK), the management of collective buildings is provided by a manager appointed by the condominium owners or a board of directors consisting of more than one person . The manager and the board of directors are responsible for the operation of the collective building and have extensive authority and responsibilities.

Duties of the Mass Construction Manager

Articles 34 and 35 of the Condominium Law , the main duties of the mass building manager are as follows:

1. Protection and Management of Common Places:

• Provides maintenance, repair and cleaning of common areas in collective buildings.
• It ensures the regular operation of facilities such as elevators, pools, car parks and gardens.

2. Determination of Expenses and Collection of Dues:

• Prepares the annual budget of the mass building and submits it to the approval of the condominium owners' council.
• Ensures that the dues determined for common expenses are collected on time.

3. Personnel Management:

• It ensures the appointment of employees such as security guards and cleaning personnel for the mass building and pays their wages.
• Supervises the work of the staff.

4. Keeping Accounts and Financial Reporting:

• Keeps account of expenses related to mass construction expenses.
• Submits income-expenditure report to the condominium owners' council.

5. Getting Insurance:

• compulsory insurances for the common areas of the mass building .

6. Implementation of the Management Plan:

• Ensures that the rules specified in the management plan are implemented and that the property owners comply with these rules.

7. Keeping a Management Ledger:

• the meetings of the condominium owners' board and the decisions taken in the management book .

Duties and Powers of the Board of Directors

If the number of independent units in a collective building is high, the owners may elect a board of directors consisting of more than one person . The board of directors has the same authority and duties as the manager. However, it has a more comprehensive organizational structure.

Duties of the Board of Directors:

1. Planning Management Activities:

• Creates the annual budget and plans expenses.
• Takes the necessary decisions for the use of common areas.

2. Ensuring the Implementation of Decisions:

• Ensures that the decisions taken by the condominium owners' council are put into practice.

3. Dispute Resolution:

• Acts as a mediator to resolve disputes between property owners.

4. Submitting an Audit Report:

• It evaluates the investigations made by the audit board and takes the necessary measures.

Election and Term of Office of the Director

1. Vote:

• The mass building manager is elected by the board of flat owners by majority of the number and land share .

2. Term of Office:

• The manager or board of directors is elected for a one-year term. A manager whose term has expired may be re-elected.

3. Case of Not Selecting a Manager:

• If a manager cannot be elected by the condominium owners' meeting, a manager may be appointed by the court.

Responsibilities of the Manager and the Board of Directors

bear legal and financial responsibility while performing their duties .

1. Accountability:

• is responsible for accounting to the property owners for expenses and work done .

2. Legal Liability:

• If the manager fails to fulfill his duty or abuses it, the property owners may file a lawsuit .

3. Financial Responsibility:

• If the fees collected for common expenses are used for purposes other than those intended, the manager or the board of directors will be held liable for financial compensation .

The orderly and effective management of collective buildings is possible only if the manager and the board of directors fulfill their duties. While the manager has important responsibilities such as ensuring the maintenance of common areas, preparing a budget and presenting financial reports, the board of directors makes more comprehensive decisions. The transparent, fair and effective operation of these bodies ensures that the collective building has a peaceful and sustainable management.

7. Interim Management: First Steps of Mass Building Management

Temporary management is established to prevent disruption of the management process in the structure until the construction of the mass buildings is completed . Temporary management is a management model implemented to carry out administrative work in the first steps of the mass building according to the Law on Condominium Ownership (KMK) . Temporary management continues its activities until the building is completed and the condominium owners' board begins its duties.

Legal Basis for the Interim Administration

Temporary management is regulated by Article 69 of the Condominium Law .

• Accordingly, the temporary management manages the building until the building occupancy permit is obtained and the condominium owners' council is formed.
• The interim management is usually appointed by the contractor company or the person/institution carrying out the construction.

Duties of the Interim Administration

The main purpose of the interim administration is to ensure the continuity of administrative work in the collective structure . Its duties are as follows:

1. Protection and Preparation of Common Areas for Use:

• Ensures that common areas are safe and functional while construction is completed.
• It is the responsibility of the temporary management to make areas such as elevators, parking lots and landscaping ready for use.

2. Determination of Expenses and Collection of Dues:

• the common expenses required for the mass building and collects dues from the flat owners to cover these expenses.

3. Carrying out cleaning and security work:

• Temporary management organizes services such as cleaning and security within the collective building and assigns the necessary personnel to maintain these services.

4. Budget Preparation:

• Makes the necessary financial preparations for the transfer of the building to the condominium owners' council in the future.

5. Preparing the Management Plan:

• a management plan for the mass building and ensures its registration in the land registry.

6. Providing Information to Flat Owners:

• The temporary management is responsible for providing regular information to the flat owners about the condition of the building, financial expenses and common areas.

Duration of the Interim Administration

The period of temporary management continues until the building occupancy permit is obtained and the condominium owners' council is formed.

• the building is completed and the condominium owners' meeting is held, the temporary management duty ends.
• The condominium owners' council takes over the management of the building by electing a new manager or board of directors .

Important Note: If the term of office of the temporary management is not extended or transferred, the property owners can apply to the court and request the appointment of a new manager.

Legal Liability of the Interim Administration

legal and financial liability if it abuses or neglects its duties .

1. Accountability:
   • It is obligatory to account for the expenses to the flat owners.
2. Compensation for Damages:
   • A lawsuit for compensation may be filed against the temporary management for actions that cause damage to the property owners .

For example: Failure of the interim management to maintain common areas or submit financial reports after collecting dues creates liability.

Transition from Interim to Permanent Management

The transition from interim to permanent management occurs in the following steps:

1. Obtaining Building Usage Permit: The construction must be completed and made usable.
2. Flat Owners' Meeting: The manager or board of directors is elected in the meeting attended by the independent section owners.
3. Implementation of the Management Plan: The management plan prepared during the interim management process is accepted by the property owners and begins to be implemented.
4. Submission of Financial Reports: The interim management submits financial reports regarding expenditures to the property owners and delegates its duties.

that takes the first steps in management after the construction of mass buildings and ensures continuity of operation. It undertakes tasks such as protecting the rights of the flat owners, making common areas ready for use and establishing financial order. However, the termination of the temporary management and the transition to permanent management should be ensured with the responsibility and participation of the flat owners.

8. Supervision in Mass Buildings: Management Control Mechanisms

Inspection in mass buildings is an important mechanism that ensures that the activities of the management are controlled on behalf of the property owners. The inspection process ensures that the management operates in accordance with the law and the management plan. The Condominium Law (KMK) has determined the principles on how this inspection will be carried out.

What is a Board of Auditors and How is it Formed?

The audit board is the body responsible for examining the financial and administrative activities of the mass building management and presenting reports to the property owners.

• Election Process: The audit board is elected by the condominium owners' assembly by majority of numbers and land shares .
• Number of Members: The audit board may consist of more than one person and is generally determined as a board of 3 people .
• Term of Office: The term of office of the audit board is determined as 1 year , in the same way as the manager . However, they can be re-elected.

Note: In small-scale structures, it may not be necessary to establish an audit board; in this case, the same task is performed by electing an auditor .

Duties and Powers of the Board of Auditors

The duties of the audit board are determined to ensure that the mass building management carries out its activities in a transparent and accountable manner:

1. Review of Income-Expense Accounts:

• The budget , income-expense reports and expenses prepared by the manager or the board of directors are examined in detail.
• It is checked whether the revenues are used correctly.

2. Control of Membership Fees and Expenses:

• It is evaluated whether the collected dues and expenses are suitable for the needs of the mass building.

3. Auditing the Decision Book:

• The decision book kept by the manager and the legality of the decisions taken are checked.

4. Supervision of the Use of Common Areas:

• It is examined whether the maintenance, repair and cleaning of common areas are carried out as required.

5. Report Preparation:

• Inspection results are presented to the property owners in a written report .
• The report is disclosed to the condominium owners' council at the ordinary meeting.

How Does the Audit Process Work?

1. Annual Audit:

• The audit board audits the activities of the mass building management at least once a year .

2. Extraordinary Inspection:

• Extraordinary inspections may be carried out upon the request of the property owners or in case a suspicious situation arises.

3. Reporting:

• The report prepared at the end of the audit includes the financial situation of the management, the appropriateness of the expenses and the deficiencies identified.

4. Informing the Flat Owners:

• The prepared report is presented to the property owners so that the necessary decisions can be taken.

Responsibility of the Audit Board

must act in accordance with the principles of honesty and transparency while performing their duties .

• Board members who neglect or perform their auditing duties incompletely are liable to the property owners .
• Collective damages arising from intentional negligence or deliberate reporting errors may result in liability for compensation for board members .

Consequences of Control Deficiencies

If the control mechanism does not work effectively or deficiencies are ignored:

1. Financial Irregularities: Failure to control management expenditures may result in financial losses.
2. Loss of Rights: The rights of flat owners over common areas may be violated.
3. Disputes: Lack of supervision leads to loss of trust and disagreements among property owners.

Solution: The audit board must fulfill its duties completely and ensure that the collective body is managed in an orderly, fair and transparent manner.

Inspection in mass buildings is an important control mechanism that ensures that management activities are carried out in accordance with the law, financial responsibility and the management plan . The inspection board's regular review of income-expenditure accounts, common area usage and management decisions ensures transparency in mass building management. In this way, the rights of the flat owners are protected and the sustainable management of the building is ensured.

9. Disputes and Solutions in Mass Buildings

In collective buildings, disputes may occasionally arise between the flat owners on issues such as management, use of common areas, and sharing of expenses . Such disputes are attempted to be resolved within the framework of the Condominium Law (KMK). In addition to legal means, methods such as conciliation and mediation also play an important role in resolving disputes.

Common Disputes in Mass Buildings

1. Non-Payment of Common Expenses:

• When flat owners do not pay their dues or common expenses, the management of the collective building is put in a difficult position.
• Solution: The administrator sends a written notice to the debtor flat owner. If payment is not made, enforcement proceedings may be initiated.

2. Incorrect or Improper Use of Common Areas:

• Violations regarding individual use of common areas such as gardens, parking lots and social facilities are frequently observed.
• Solution: The rules specified in the management plan are implemented. If necessary, intervention is made with the decision of the condominium owners' board.

3. Objection to Management Decisions:

• Flat owners may object to some decisions made by the management. Disagreements may arise, especially regarding major expenses or repairs.
• Solution: The relevant flat owner may apply to the Civil Court of Peace within 1 month to annul the decision .

4. Intervention in Common Areas:

• It is against the law for flat owners to make changes or renovations in common areas without permission.
• Solution: The manager or other property owners may file a lawsuit to restore the intervention to its former state.

5. Disputes Regarding the Administrator:

• Disputes arise when a manager neglects his/her duty, fails to provide financial accountability, or acts in bad faith.
• Solution: The manager can be removed from office by a majority vote of the condominium owners' meeting . If necessary, the court can be requested to appoint a new manager.

Dispute Resolution Methods

Disputes in collective structures can be resolved through various legal solutions:

1. Decision of the Flat Owners Board

• The first resort to resolve disputes is for the condominium owners' council to meet and make a decision.
• Decisions are taken by majority of the number and land share and are binding on all flat owners.

2. Administrator Intervention

• The manager is responsible for solving problems within the framework of the management plan and the Condominium Law.
• For example, it intervenes in cases of collection of dues or violations of common areas.

3. Mediation Method

• mediation has become mandatory in mass building disputes .
• It is intended for the flat owners to resolve their disputes with the help of a mediator before going to court.
• Agreements reached during the mediation process are binding as a judicial decision .

4. Application to the Civil Court of Peace

• If a solution cannot be reached during the mediation process or if management decisions are objected to, the disputes are resolved in the Civil Court of Peace .
• Case Topics:
  • Cancellation of management decisions,
  • Use of common areas other than intended purpose,
  • Sharing of expenses,
  • Dismissal of the manager.

Suggestions for Avoiding Disputes

To avoid disputes in mass building management, the following steps should be followed:

1. Transparent Management: The manager or board of directors must regularly submit income and expense reports to the property owners.
2. Regular Meetings: The meetings of the condominium owners' council should be held regularly and the participation of the condominium owners should be ensured.
3. Adherence to the Management Plan: Everyone must comply with the rules set out in the management plan.
4. Compromise Culture: Disputes should be resolved through compromise before being taken to court.

Sustainability of common life in collective buildings depends on harmony between the flat owners. However, disagreements on issues such as management, expense sharing or use of common areas may be inevitable. In such cases, the flat owners' board and the manager are the first to step in. Unsolved problems are resolved through mediation or court processes. Fast and effective resolution of disagreements will ensure peace and order in collective building management.

10. Recommendations for Effective Management in Mass Buildings

In order for mass buildings to be managed in an orderly, peaceful and sustainable manner, it is essential to establish an effective management system. The responsible behavior of the property owners, the full fulfillment of the duties of the manager and a transparent management approach are the basic elements that ensure success in mass building management. Important suggestions for effective management in mass buildings are listed below.

10.1. A Transparent and Accountable Management Approach

Transparency is essential to create an environment of trust in mass building management.

• Income-Expense Reports: The manager must regularly present the budget, income-expense reports and expenses to the property owners.
• Decision Book: The decision book, where the decisions taken are recorded, must be open to inspection by all property owners.
• Information Meetings: The manager should make the process transparent by holding regular information meetings outside of the regular meetings.

10.2. The Management Plan is Clear and Applicable

The management plan is the basic document that regulates the operation of collective buildings.

• Clear Rules: The management plan should clearly define the use of common areas, payment of dues, and management processes.
• Updatable: The management plan should be updated in line with the needs by unanimous vote or majority vote of the property owners.

10.3. Benefiting from Professional Management Services

In large-scale public buildings, it may be beneficial to work with professional management companies for the effectiveness of management.

• Expert Staff: Professional companies provide services with experienced teams in areas such as cleaning, security and technical maintenance.
• Financial Discipline: Professional management makes budget planning and dues tracking more systematic.
• Legal Compliance: Protects property owners from legal risks by acting in accordance with the law.

10.4. Fair and Regular Sharing of Common Expenses

Fair sharing of dues and common expenses prevents one of the greatest conflicts in management.

• Distribution According to Land Share Principle: Expenses should be distributed in proportion to the land share in accordance with the KMK .
• Automatic Payment Systems: Automatic payment systems can be used to prevent delays in dues.
• Late Payment Penalties: Late payment compensation should be applied to property owners who delay their payments.

10.5. Rapid Resolution of Disputes

A culture of compromise should be supported to prevent disputes from escalating and creating unrest .

• Mediation: Mediation method provides a quick and inexpensive solution to collective building disputes.
• Seeking Solutions in Meetings: A dialogue environment should be created between the parties in the condominium owners' board meetings.

10.6. Use of Technology

from technological solutions to make mass building management efficient .

• Management Software: Management software can be used to track dues, report expenses, and make announcements.
• Online Platforms: Flat owners can access meeting decisions, announcements and financial reports via online platforms .
• Mobile Applications: Mobile applications should be developed for quick access and feedback to management services.

10.7. Effective Use and Maintenance of Common Areas

Regular use of common areas increases the quality of life of the collective building.

• Periodic Maintenance: Regular maintenance and repairs of common areas such as elevators, parking lots and social facilities are required.
• Common Area Use Rules: Clear rules regarding the use of common areas should be determined and implemented in the management plan.
• Cleaning and Security: Cleaning and security services should not be disrupted within the mass structure, and rapid solutions should be produced in case of personnel shortage.

10.8. Raising Awareness of Flat Owners

Participation of property owners in management processes and increasing their sense of responsibility are the basis of effective management.

• Explanation of the Management Plan: The articles of the management plan should be explained to the property owners and their responsibilities should be reminded.
• Meeting Participation: Information and reminder announcements should be made to increase the participation of property owners in meetings.
• Training and Seminars: Awareness-raising training on mass building management can be organized.

Effective management in mass buildings can only be achieved with a system based on the principles of transparency , participation and harmony . The manager and the board of directors must plan to meet all the needs of the mass building, maintain financial discipline and protect the rights of the flat owners. In addition, the use of technology, effective management of common areas and the sense of responsibility of the flat owners constitute the cornerstones of a sustainable mass building management.