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ASSIGNMENT OF THE MANAGER

Flat owners may assign the management of the main property to a person or to a committee of three persons to be chosen from among themselves or outsiders. The said person shall be called “manager” and the committee “board of managers”. 

When the main property contains eight or more of independent units, the assignment of a manager is compulsory. 

When all the units of the main property are owned by a single person, he or she is legally in the situation of manager. 

The manager shall be appointed by the numerical majority of the flat owners and the majority of building plot shares. 

The manager shall be appointed at each legal annual meeting of the flat owners. The retiring manager is reeligible. 

If the flat owners fail to agree on the matter of management of the main property or of the assignment of a manager, upon the request of one of the flat owners and, if possible, after having heard the other owners, the justice of the peace of the locality where the main property is situated shall appoint a manager. This manager shall have the same powers as a manager appointed by the flat owners and shall be responsible towards them.

The manager appointed by the justice of the peace shall not be replaced by the board of condominium owners before six months have elapsed since his or her assignment. However, for a justified reason the court having appointed the manager may authorize his replacement.

The contract to be signed with the manager may contain a clause providing for the deposit of a guarantee. Even in the absence of such a clause the board of flat owners may require a deposit from the manager for a justified reason. 

The name and surname, business and residence addresses of manager should be hung in a frame beside the entrance door of main property or on a visible place at the entrance. If this is not done, upon the application made by the relevant person, the manager or each member of the board of managers is punished with the administrative monetary penalty by the same court.


İRFAN GÜLŞEN
Avukat & Arabulucu  

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www.irfangulsen.av.tr provides general legal information to help people understand their legal rights in numerous legal topics, but is not a substitute for personal legal advice from a solicitor.  As laws are constantly changing, only a lawyer can provide you with specific advice to rely on.