There are some rules that must be followed to protect the peace of people living in small living spaces such as apartments and sites. A legal framework is required to determine and enforce these rules. It is a document management plan created to respond to this need and is regulated by Article 28 of the Condominium Law No. 634. The management plan determines how the building will be managed, how common tools and equipment will be used, and the rules that residents must follow. Thanks to this management plan, possible disputes between site residents are prevented through documents obtained from the land registry offices.
In votes to change the management plan, a four-fifths majority of flat owners is required. If a four-fifths vote majority is not achieved in the voting, flat owners have the right to file a lawsuit for the cancellation of the management plan in the civil courts of peace where the real estate is located.
1. What is a Management Plan?
The management plan is an important document where joint decisions are made in public living areas such as apartments and sites. In order to maintain order and create a fair living environment in such places, flat owners make joint decisions under the supervision of the site manager. A contract recognized by the legal system that includes the principles and implementation of these rules is called a management plan.
2. How to Create a Management Plan?
The management plan, which determines the management style of a building, can be obtained from the land registry offices. For this purpose, any flat owner or site manager can go to the relevant land registry office and request the management plan of the building. Building or site management can take this draft management plan and add contract clauses of their own choosing.
3. What is the Importance of the Management Plan?
For people considering purchasing a real estate, it is important to examine the management plan sample included in the title deed. This is of great importance in preventing possible regrets in the future. In addition, they can solve potential problems that may arise between people living in a site or apartment building in advance with a management plan. According to Article 28 of the Flat Ownership Law, the management plan regulates how the building will be managed, the purpose and form of use, the fees to be paid to managers and auditors, and other important issues concerning flat owners.
4. What Should Be Taken İnto Consideration İn The Management Plan?
- The management plan must first of all comply with the Condominium Law and other relevant laws. It cannot contain provisions contrary to the law.
- The management plan should be prepared to facilitate the lives of flat owners.
- The management plan should be usable to identify and resolve future disputes.
- The management plan may be useful to indicate which items arise from the mandatory provisions of the law.
- The management plan should be prepared in accordance with the lifestyle of the residents living in the building.
5. How to Change the Management Plan?
Situations may arise that require changes to the management plan. In order to change the management plan, all flat owners must have a four-fifths vote majority. To give an example, in a meeting of 120 members, 96 flat owners must vote to change the management plan. If this majority is achieved, the management plan can be changed.
According to the decision of the 18th Civil Chamber of the Supreme Court of Appeals, No. 2011/11552, Decision No. 2012/2972, dated 22.3.2012, the management plan, according to Article 28 of the Condominium Law, has the force of a contract binding all flat owners. Therefore, a majority vote of 4/5 of all flat owners is required to change the management plan.
6. Management Plan Cancellation
Flat owners have the right to apply to the general assembly to request changes or cancellation of the management plan. A situation such as completely canceling the management plan will generally not be the first option. However, if the request for change of management plan submitted by the flat owners to the general assembly is rejected or if the four-fifths vote majority stipulated by the law is not achieved, the flat owners who learn about the decision have the right to file a lawsuit in the civil courts of peace within one month or in any case within six months. In addition, flat owners have the right to appeal to the civil court of peace against the decision to change the management plan, which they think is unlawful. An important point to note at this point is that people who attend the general assembly and vote positively for the management plan change will not have the right to file a lawsuit.
According to the decision of the 18th Civil Chamber of the Supreme Court of Appeals, No. 2005/5, dated 19.05.2015, it is necessary to obtain a four-fifths vote majority of all flat owners in order to change the management plan. The court states that in order for the subject matter of the management plan to be annulled, this article must be contrary to the mandatory provisions of the law. In this context, in a concrete case, the 6th article of the management plan that is requested to be changed states that the flat owners must gather a four-fifths vote majority to change this article, since it is not contrary to the mandatory provisions of the law. The judge cannot replace the will of the flat owners and cannot decide on such a change.
7. Competent and Responsible Court for Management Plan Cancellation Cases
The management plan cancellation case will be filed in the Civil Court of Peace where the real estate is located. In the management plan cancellation case, all floor owners of the parties must be included in the case.
8. Frequently Asked Questions
What should be done in cases where there is no provision in the management plan? According to Article 28 of the Condominium Law No. 634, in cases where there is no provision in the management plan, disputes are resolved by applying the Condominium Law and general provisions. In this case, if the law and general provisions do not indicate a specific regulation, court decisions and judicial precedents can also be a guide.
How to Change the Management Plan?
It is always possible to change all or some items of the management plan. However, a vote of 4/5 of the flat owners is required to change the management plan. The management plan and the changes made on this plan are binding on all flat owners, their first and second degree heirs, tenants, managers and auditors.
When Does the Judge Intervene?
In Article 33 of the Condominium Law, the intervention of the judge in the management plan is regulated. According to this article, one of the flat owners, or one of the tenants based on a rental agreement, or one of the permanent residents of the relevant real estate in another way, who suffers damage due to not fulfilling their debts or violating their obligations, can apply to the court of peace of the place where the main real estate is located and request the intervention of the judge. They can. The judge can then take the necessary measures to resolve the issues and fulfill the relevant obligations. This arrangement provides a way to resolve disputes regarding the management of real estate.
How to Reach the Management Plan?
During the registration of the floor easement or condominium ownership, the management plan must be submitted to the title deed. Under the Civil Code, the land registry is open to "those who make their interest credible." For this reason, anyone who has an interest in the land registry can request that the documents in the land registry be shown to them in front of the land registry officer. Therefore, in order to access the management plan, flat owners can obtain information from the relevant land registry office or they will be able to access the management plan directly.