Legal Consultancy in Apartment and Residential Complex Management

Legal Consultancy in Apartment and Residential Complex Management – Lawyer in Izmir

Apartment management is one of the important issues for the peaceful functioning of communal living. There is a high demand for legal advice and attorney services in this area, as the healthy continuation of normal life is crucial.  

How to Establish a Site/Apartment Management System? 

The management can be formed by the residents of the apartment building or complex electing a representative from outside, or by appointing an external individual or company. Appointing a manager requires a majority vote based on both the number of residents and their land shares. A single manager can be appointed, or a three-person management board can be formed. If the building has eight or more independent units, appointing a manager becomes mandatory. The manager is appointed annually by a majority vote based on land shares and the number of residents. If the parties cannot agree, the manager is appointed by a magistrate.  

As mentioned, apartment and residential complex management can be outsourced professionally. If such an outsourced service is used, it is crucial to verify whether the company or individuals providing it have legal support. Outsourcing management in this way is done to ensure smooth operation, but monitoring external management may not always be possible. Therefore, avoiding problems without legal assistance is essential. Similarly, organizations providing residential complex management services should seek legal support from an experienced lawyer. 

Basic legislation related to this subject. Condominium LawStop. This law contains legal rules regarding shared living spaces. Accordingly, every problem that arises in an apartment building or complex certainly has a legal solution. However, in practice, it is often thought that there is no legal solution to the problems encountered, and apartment buildings and complexes become places full of problems. The most important thing to do to prevent these problems is to obtain legal services from an experienced lawyer specializing in site management. 

What does a Site/Apartment Management Lawyer do? 

Legal support is provided regarding the characteristics of management, routine legal procedures, the rights and obligations of owners, tenants, and apartment or site management, the management plan, and problems encountered in practice. Residents receiving legal advice are informed about their legal obligations according to relevant laws. Legal procedures are carried out in accordance with current legislation regarding residents who do not pay their dues on time. Legal consultancy in site or apartment management is determined according to the needs and requests of the owners. Consultancy services are determined on a monthly basis and regulated by contract. The legal agreement is made between the apartment owners and the lawyer providing legal consultancy. The subject of the work to be done should be specified in the contract. 

How can a building or apartment management company grant power of attorney to a lawyer? 

 A general power of attorney is sufficient. To issue the power of attorney, the board member authorized in the decision will go to the notary with the decision book and the power of attorney document. 

Legal Services Offered by Us: 

In apartment buildings or residential complexes, law is an inseparable element because it involves a shared living environment. Therefore, this situation increases the importance of legal advice and attorney services. In this context, the lawyer's role is to guarantee peace and harmony in this shared living space. To give some examples of frequently requested legal advice: 

• 1- Regarding property owners and third parties who fail to fulfill their debts and obligations; sending a notice through a notary public, initiating enforcement proceedings, and filing relevant lawsuits, 
• 2. Providing legal support for the preparation of service agreements by the site management and the inclusion of favorable protective clauses., 
• 3- In cases where there is no consensus on administrative matters within the sites, reaching a compromise on common ground., 
• 4- Upon request, issuing a warning letter regarding unpaid general expenses and monthly dues, and collecting the debt through compulsory enforcement proceedings., 
• 5- Hiring doormen, gardeners, security guards, and cleaning staff, and preparing service contracts.,  
• 6- Attending meetings  
• 7- Providing legal support to property owners regarding problems they experience with their tenants can be exemplified by the most frequently requested items. 

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