How are apartment building managers selected?

How to Choose an Apartment Building Manager? | Lawyer in Izmir | Mustafa Yolcu

How are apartment building managers selected?

Election of the Apartment Manager by the Apartment Owners

According to Law No. 634 on Condominium Ownership, the legislator stipulates a two-party majority; in the election of an apartment manager, both the land share holders and the majority of the condominium owners must be present. Even if a majority is not achieved in the first meeting, it must be achieved in the second meeting as well.

Apartment managers are elected for a one-year term and can be re-elected at the statutory annual meetings held by the apartment owners. After the completion of the one-year term, the apartment manager may continue to exercise their powers until a new manager is elected by the board.

Law No. 634 on Condominium Ownership Article 34

1. The co-owners may entrust the management of the main property to a person they choose from among themselves or from outside, or to a three-person board; this person is called the (Manager), and the board is called the (Board of Directors).
2. If the main property has eight or more independent units, appointing a manager is mandatory.
3. If all parts of the main property are owned by one person, the owner is legally considered the administrator.
4. The building manager is appointed by the majority of the apartment owners, both in terms of number and land share.
5. The manager is reappointed each year at the statutory annual meeting of the homeowners' association; the former manager may be reappointed.
6. If the co-owners cannot agree on the management of the main property or cannot come together and appoint a manager, Upon the application of one of the co-owners of the property, and after hearing the others if possible, the local magistrate's court appoints a manager for the property. This manager has the same powers as a manager appointed by the apartment owners and is accountable to the apartment owners.
7. The manager appointed by the magistrate court cannot be replaced by the homeowners' association until six months have passed since the appointment. However, if a valid reason arises, the magistrate court that appointed him may permit the replacement.
8. When a manager is appointed, their contract may stipulate that they provide a security deposit; even if the contract does not contain such a condition, the homeowners' association may request the manager to provide a security deposit if a justifiable reason arises.
9. The name, surname, business and home address of the manager must be displayed in a frame next to the main entrance of the property or in a visible location at the entrance. Failure to do so will result in an administrative fine of fifty to two hundred and fifty Turkish Liras imposed on the manager or each member of the board of directors by the same court upon application by the interested party.

Court-Organized Selection of Apartment Manager

If the apartment owners are unable to elect a manager (due to disagreement, no one wanting the position, etc.), the building may be left without a manager. In such cases, the apartment owners can apply to the court to request intervention from the judge. According to Article 34/6 of the Condominium Law, for a manager to be appointed by the civil court, the necessary process must first be completed by a meeting of the apartment owners' assembly, and ultimately, a manager must have been unsuccessful.

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