IV - Decisions:

Article 32 – Main building shall be managed according to the decisions made in compliance with the provisions of contract, management plant and laws.

Each and every flat owner together with their complete and partial successors, the manager, and the auditors shall be obliged to comply with the decisions of the board of flat owners. 

Disputes arising from the use and management of the Main building between flat owners or between flat owners and managers and auditors or between auditors and managers shall be resolved and decided upon by the board of flat owners.

Board of flat owners shall record the decisions made in a book, each page of which is certified by the stamp of a notary public and containing page numbers starting from 1; each flat owner present at the meeting shall sign the decisions and those voting against the decisions shall state the reason for disagreement and sign afterwards.  

Possible future disputes shall be resolved on the basis of a previous decision, if any, taken on a similar issue as recorded in the decisions book.

V – Judge intervention:

Article 33 – Flat owner or owners who want to object to the decision of the board of flat owners or those flat owners who suffer losses or damage due to the default of the person continuously occupying the flat based on a rent contract or occupying right or another reason to pay his/her debts and fulfil his/her obligations shall be able to apply to the court of peace in the jurisdiction where the main building is located for the intervention of a judge. 

After hearing the relevant parties, the Judge shall immediately decide according to this law or management plan, or general provisions if there is no provision specified therein, and notifies the relevant person of the necessity to take the necessary action within a defined period. 

Those who fail to fulfil the provisions of the verdict of the judge within the defined period shall be punished by the same court with a fine from 100 Turkish liras to 2000 Turkish liras, with article twenty five reserved.

D) Manager:

I - Designation:

Article 34 – Flat owners can designate a person or a board of three persons from among themselves or from other people for the management of the main building; designated person shall be referred to as (Manager), the board as (Management Board).

A manager has to be designated if there are eight or more independent flats within the main building.

If all flats of the main building are under the ownership of one person, the owner shall be the legal manager.

Manager shall be designated by the majority of flat owners in terms of both number and land shares.

Manager shall be designated every year at the annual legal meeting of the board of flat owners; former managers can be re-designated.

If the flat owners cannot agree on the management of the main building or fail to designate a manager, upon the application of one of the flat owners to the peace court within the jurisdiction of the building and after hearing other flat owners, a manager shall be designated for the building. Such manager shall have the same authority as those assigned by flat owners and shall be responsible toward flat owners.

The manager designated by the peace court shall not be replaced by the board of flat owners for a period of at least six months; however, if a justified reason occurs, the peace court which designated the manager can allow for his/her replacement.

In the contract signed with the manager during the designation, the manager may be required to supply a guarantee; and even if there is no such condition in the contract, the board of flat owners can ask the manager to supply a guarantee if a justified reason occurs.