PART ONE
General Provisions |
A) Floor ownership and floor right of access:
I-General rule:
Article 1 – Independent ownership rights can be established, according to the provisions of this law, by the owner or joint owners of a completed immovable property, on the floor, flat, work office, store, shop, cellar, depot, etc. section of that property that is suitable to be used separately and alone.
On the sections of a structure that is currently being or planned to be built, with the properties mentioned in the first paragraph, rights of access can be established according to the provisions of this law, by the lot owner or the joint lot owners, to become the basis for the future floor ownership after the structure is completed.
II - Definitions:
Article 2 – According to this law :
a) The whole of the immovable property being the subject of floor ownership is called “Man immovable property”; only the main structural section is called “Main structure”, the sections of the main immovable property that are suitable for being used separately and alone, and that are subject to independent ownership as per the provisions of this law are called “independent section”s; the places that are outside an independent section but that is directly allotted to that section are called “Addition”s; the ownership right established on independent sections is called “floor ownership” and the ones owning this right are called “Floor owner”s;
b) The places that are outside the independent sections of the main immovable property but that are used for protection and joint use and utilization are called “Joint Spaces”; the rights of utilization of the floor owners on these places that they are a shareholder under their joint owner title are called “rights of use”;
c) (Amended: 13/4/1983 - 2814/article 1) The right of access established on the independent sections of one or multiple structures that is/are currently being or planned to be built according to the provisions of this Law by the lot owner or the joint lot owners, to become the basis for the future floor ownership on a lot is called “floor right of access”; the ones owning this right are called “owners of right of access”; LAWS, FEBRUARY 1989 (ANNEX - 3)
d) The joint ownership shares allotted to the independent sections of the lot according to the principles written in this law are called “Lot share”s;
e) The official title deed for the establishment of floor ownership or right of access is called “Contract”.
III – Nature of floor ownership and floor right of access:
Article 3 – Floor ownership is a private ownership connected with lot share and the joint spaces at the main immovable property.
(Amended: 13/4/1983 - 2814/article 2) The floor ownership is established by way of expressly showing the allotted lot share according to joint ownership principles, in proportion to its value on the date a floor right of access is established on each of the independent sections of the main structure being the subject of this ownership, or if it is directly passed on to floor ownership, then on this date of passing. Where the lot shares cannot be allotted in proportion to the values of the independent sections, each floor owner or floor right of access owner can apply to court for the re-arrangement of lot shares. The lot share allotted to each of the independent sections as per this paragraph cannot be modified based on any increase or decrease that can occur in the future at the value of those sections. The provision of article 44 is reserved.
Floor access is a type of access dependent of lot share and is transformed into floor ownership, as per the conditions shown in this law, as per a written request to be made to the deed office by the lot owner or the joint owners with floor access after the structure is completed.
IV – Joint spaces:
Article 4 – The subject of the joint spaces can be indicated with a contract. The following spaces and places are anyhow deemed as joint spaces as per this law.
a) Foundations and main walls, common walls separating independent sections, ceilings and bases, courtyards, general entrance door, doorways, stairs, elevators, landings, corridors and the general toilets and lavatories located here, doorman flats or rooms, common laundry rooms and laundry drying places, common coalbunkers and shared garages, slots and closed sections reserved for the protection of electricity, water and coal gas meters and that are outside the independent sections, central heating chambers, wells and cisterns, common water tanks of the structures, shelters,
b) The sewerage facilities and garbage conduits and central heating, water, coal gas and electricity facilities outside the own section of each floor owner, common networks and antennae for telephone, radio and television, hot and cold air facilities,
c) Roofs, stacks, general roof terraces, rain gutters, fire safety stairs.
Other places and things that are, although outside the ones listed above, necessary for joint use, protection or utilization also fall under the definition of “joint spaces”.
B) Connections :
I – The connection between independent sections and lot share:
Article 5 – In case the floor ownership is transferred to a third party or transmitted by heritage, the related lot share is also transmitted; the lot share can neither be transferred separate from floor ownership or floor access nor can it be transmitted by way of heritage or logged with another right. At the main immovable property, no lot share can be left that is not made bound to a floor ownership or on which floor access has not been established. The rights logging floor ownership also automatically logs the lot share. No accesses can be established on the lot being subject of floor access that is not possible to be accorded with this right. The rights at the main immovable property that have been registered or annotated at the registry page of the immovable property before the establishment of floor ownership also automatically logs, principally, pro rata with the lot share.
II- Additions to independent sections and the connection between joint spaces:
Article 6 – The coal bunker, water tank, garage, electricity, coal gas or water meter slots, toilet, etc. additions that are outside the independent section but directly allocated to that section are deemed as complementary parts of the independent section they belong and the owner of that section becomes the sole owner of the additions as well. The additions are registered at the “Statements” division of the floor ownership registry and the ones outside the ground on which the main structure rests on are separately shown on cadastre plan or title deed map.
No accesses can be established on the independent section that cannot accord with floor ownership or the rights of other floor owners.
Should the independent sections be transferred, logged or leased to a third party, the additions and joint spaces are also deemed to have automatically transferred, lodged or leased.
C) Elimination of joint status (circulation) and prioritized purchasing right:
I – Elimination of joint status:
Article 7 – It cannot be requested to eliminate joint status in an immovable property subject to floor ownership or floor access. ON the other hand, independent sections can become a subject of trial and prosecution just as an independent immovable property and therefore, it can be requested for the elimination of joint status at these sections.
II- Prioritized purchasing right:
Article 8 - (Amended first paragraph: 13/4/1983 - 2814/article 3) In case of sales of one of the independent sections of an immovable property on which floor ownership has been established or share lot thereof to which floor access has been bound, the other floor owners or owners of right of access do not possess the prioritized purchasing right.
In case one of the shareholders of an independent section sells out his/her share, the other shareholders can use their prioritized purchasing rights.
The contract can contain provisions contrary to this article.
D) Areas of application of general provisions:
Article 9 – In cases where there is no provision in the registry record of the floor ownership or floor access or the contract among the floor owners or the management plan or this law, the disputes to arise from floor ownership shall be resolved according to the provisions of the Civil Law and other related laws.
PART TWO
Establishment of Floor Ownership and Floor Right of Access |
A) General rule:
Article 10 – Floor ownership and floor access comes into life with an official deed and registration at the deed office registry.
Floor ownership cannot be established on only one or some sections of the immovable property before the ownership of the whole main immovable property is transformer into floor ownership.
While establishing floor ownership, multiple sections present in an adjacent position at the same floor can be registered to the floor ownership registry as a single independent section. The registry of the floor ownership is realized as per an official deed to be arranged by the title deed officer or a court verdict given according to the following paragraph. In case of elimination of jointness on an immovable property that is suitable to be the subject of floor ownership, if one of the heirs or joint owners request for the sharing to be done via establishing floor ownership and allocation of independent sections, the judge can decide for the ownership of that immovable property to be transformed into floor ownership based on the documents written at article 12 and allocation of the independent sections to the partners via balancing the shares.
B) Floor ownership log:
Article 11 – Floor ownership is registered at the “Floor ownership registry/log” to be kept as per the Title Deed Registry Regulations and unless there is a provision to the contrary in this law, general provisions regarding registry also apply for the registrations to be made at the floor ownership registry. The registration of floor accesses are not made to the floor ownership registry but performed according to the general provisions regarding the registry of rights of access, provided that the related provisions of this law are protected. The floor ownership at places for which cadastre has not yet been conducted is registered at the “Floor ownership minutes book” to be kept separately according to the formula at the Title Deed Registry Regulations.
C) Establishment of floor ownership:
I – Request and documents:
Article 12 - (Amended: 13/4/1983 - 2814/article 4) For the establishment of floor ownership, a petition has to be given or a request has to be forwarded to the title deed administration signed by the owner or all partners of the immovable property regarding the transformation of the main immovable property into floor ownership. Bat the minutes to be issued by the title deed administration based on this petition or request, it is obligatory to display the separate value of the independent sections to be the subject of floor ownership at the main immovable property and the lot share requested to be allocated pro rata with the values of these sections.
The following documents are also attached to the petition or request minutes other than the documents that need to be given as per laws for the transferal of possessions.
a) project and, if there is more than more structure, the layout plan showing the placements prepared by an architect or engineer by clearly showing the dimensions of the outer frontals and internal divisions, independent sections, addition and joint spaces of the main immovable property (structure of structures), signed by the owner or all partners of the main immovable property and the content of which is approved by the municipality for correctness, and structure utilization certificate granted by the municipality;
b) a photograph showing the front and back frontals, and if possible half frontals of the main immovable property (structure or structures), minimum at the size of 13218 and of which the correctness is approved by the municipality;
c) The list certified from notary showing the lot share of each independent section, the types such as flat, floor, work office, etc., their line number numbered consecutively starting with one, their addition if any, and signed by the owner or all partners of the main immovable property;
d) A management plan prepared in the framework of the principles at article 28 according to the method of usage of the independent sections, the properties of the structures if there are more than one structures, and signed by the owner(s) establishing the floor ownership.
II – Contract and registration:
Article 13 - (Amended first paragraph: 13/4/1983 - 2814/article 5) After the title deed officer determines that the submitted documents are complete and conforming to the procedures, and that the petition submitters or request holders are authorized, he/she prepares the official contract regarding the establishment of floor ownership or floor access. When the contract is issued, at the “Ownership” cell in the title deed log page where the main immovable property is recorded at, the expression of “The ownership of this immovable property has been transformed into floor ownership” is written, the page is closed and at a separate page of the floor ownership log, each independent section being the subject of floor ownership is made registered by showing the lot share of that section and the map section, island, parcel, book and page numbers of the general log where the main immovable property is recorded; and at the general log page where main immovable property is recorded, the book and page numbers of the independent sections at the floor ownership log are entered, thereby connection between the logs is established. The registry record of the right previously existing at the closed page of the main immovable property are transferred to the page of the independent sections at the floor ownership log as per the provisions of the Title Deed Registry Regulations regarding “transfer of records in case of partitioning”.
Each independent section registered at the floor ownership log gain the nature of a separate immovable property and obtains the number in the log as per the number at the approved plan of that section. (Amended: 13/4/1983 - 2814/article 5) In case requested, in addition to the possession certificate of the immovable property, the floor owner is also granted with an approved sample of the part of project mentioned at (a) clause of article 12.
D) Establishing Floor access:
Article 14 - (Amended first paragraph: 13/4/1983 - 2814/article 6) To establish floor access and registration thereof at the title deed registry on a lot where the structure has not yet been built or the structure is currently incomplete, the owner of al partners of that lot have to submit a related petition or request accompanied by the project, plan, list prepared according to clause (a) and (c), management plan at clause (d) of article 12 and other necessary documents to the title deed administration. A separate management plan is not requested at passing to floor ownership.
Floor accesses on a lot can only be established by indicating the lot share requested to be allocated to the independent section related with each floor access at the contract or petition at the “Declarations” cell of the log where lot is recorded, and after the structure is completed according to the submitted project, the numbers of the independent sections to become subject of floor ownership and the connected additions are indicated at the declarations cell of the log.
After the completion of the structure, when one of the access owners request for the transformation of floor accesses into floor ownership, the registry is conducted based on the approval to be given by the municipality for the conformity of the floor access to the official deed for registry and the documents indicated at article 12, and the conformity of the independent sections of the main immovable property to the previously given plan.
PART THREE
The Rights of the Floor Owners and Floor Access Owners |
A) Rights of the floor owners:
I – On independent section:
Article 15 – The floor owners possess all the rights and authorities granted to owners by the Civil Law on the independent sections belonging to them provided that the related provisions of this law are reserved.
II – On Joint Spaces:
Article 16 – The floor owners become an owner of all the joint spaces of the main immovable property as per their lot shares according to the joint ownership provisions. The floor owners have the right to use the joint spaces; the ratio of this right at places like coal bunkers, garage, terrace, laundry room and laundry drying areas is, unless there is a contract to the contrary, proportional with the lot share of each floor owner.
B) Rights of the floor access owner:
Article 17 - Floor access owners have the right to mutually request and sue against the performance of the each of the owner’s own liabilities to ensure that the structure to be built on the joint lot to be started and completed within the period written at the contract. (Amended: 13/4/1983 -2814/article 7) The floor access owners can assign one or more persons as managers among themselves or externally for the completion of the structure. The provisions regarding the duty, authority and responsibilities of the floor ownership manager is also applied for this manager as well.
(Supplement: 13/4/1983 - 2814/article 7) At the immovable properties on which floor access has been established, if the structure is actually completed and two thirds of the independent sections have been commenced to be actually used, the provisions of the floor ownership is applied in the management of the main immovable property even if it is not yet passed to floor ownership.
PART FOUR
Debts of the Floor Owners and Floor Access Owners |
A) Debts of the Floor Owners:
I - General rule:
Article 18 – While using the independent sections, additions and joint spaces, the floor owners are mutually obligated to abide by honesty principles, especially not bother each other, not violate each other’s rights and abide by the provisions of the management plan. The provisions in this law related with the debts of the floor owners also apply to the tenants at the independent sections and “residence” right owners or the continuous beneficiaries of any of these sections for whatsoever reason; the ones failing to fulfill these debts shall be severally responsibly with the floor owners.
The provision of article 20 is reserved concerning the expenses and insurance premiums.
II – Maintenance, protection and responsibility in damage of the main immovable property:
Article 19 – The floor owners are obliged to preserve the maintenance, architectural status, beauty and soundness of the main immovable property with meticulousness. (Amended: 13/4/1983 - 2814/article 8) No floor owner can make a construction, repair and installations, different color whitewash and painting at the joint spaces of the main immovable property unless the consent of all the floor owners is obtained. On the other hand, a floor owner cannot make a repair, installation or modification at its own independent section that can damage the main structure. At the connected parts of the independent sections connected to each other with a ceiling, base or wall, repair, installation and modification cam be made that will not damage the main structure with the joint consent of the owners of this section.
Every floor owner is responsible towards the other floor owners due to any damage he/she has caused with his/her own defect at the main immovable property or other independent sections.
III- Contributing to the overhead expenses of the main immovable property :
Article 20 - (Amended first paragraph: 13/4/1983 - 2814/article 9) Unless there is an agreement among themselves directing otherwise, each of the floor owners is liable to contribute:
a) equally to the doorman, gardener and watchman expenses and advance to be collected for these purposes;
b) pro rata his/her lot share to the insurance premiums of the main immovable property and other expenses such as maintenance, protection and repair expenses of all the joint spaces and manager monthly wage and operation expenses of the joint facilities/installations and the advance to be collected for these expenses;
c) The floor owners cannot refrain from paying these expenses and advance share by relinquishing from his/her right to use the joint spaces or facilities/installation or claiming that his/her own independent section does not require and necessitate benefiting from such due to its current state. (Amended: 13/4/1983 - 2814/article 9) Any floor owner failing to pay the expense or his/her advance share can be sued and subjected to debt prosecution by any of the other floor owners or the manager as per the management plan, this Law and general provisions. The floor owner that fails to pay the whole of the expense and advance share is obliged to pay delay indemnity at the rate of monthly ten percent for each delayed day.
If the expenses mentioned at the first paragraph are caused by a defective act of one of the floor owners or beneficiary of his/her independent section in whatsoever manner, the contributors to the expense have the right recourse for the made payments to that floor owner or the ones causing this expense.
IV – Insurance agreement:
Article 21 –It might be decided by the floor owners board for the main immovable property to be insured on a value to be determined by the floor owners. In case insurance is made, the floor owners are obliged to contribute to the insurance expenses pro rate their lot shares.
The insurance money to be obtained should the whole main immovable property is ruined, shall be apportioned among the floor owners pro rata their lot share unless there is a contract to the contrary. If only one or some independent sections or addition thereof or a part of the joint spaces are damaged, the insurance money to be obtained shall be spent for the repair of the damaged places pro rata their lot shares.
To pay for the damages of the main immovable property that cannot be met with the insurance thereof, the floor owners can make insured their own independent sections for their own name and account; the insurance money to be obtained in this case shall only belong to themselves, provided that their shares at the insurance money of the main immovable property are also reserved. The ordering provisions regarding insurance shall be reserved.
V – Security for joint expenses:
Article 22 - (Amended first paragraph: 13/4/1983 -2814/article 10) The continuous beneficiaries of an independent section based on a rental contract, residence right or for whatsoever reason are also jointly and severally liable for the expense and advance debts and delay indemnification to fall upon the share of the floor owner according to article 20. However, the responsibility of the tenant is limited with the rent amount that he/she is obliged to pay and the payment he/she makes is deducted from his/her rent debt. If the debt of the floor owner can still not be obtained in this manner as well, legal mortgage right is registered to the benefit of the other floor owners for this debt amount, with the written request of the manager, or, if not present, one of the floor owners, on the independent section of the indebted floor owner determined by the court. The provision of the final paragraph of article 807 of the Civil Law is applied here. (Amended: 13/4/1983-2814/article 10) The receivables of the floor owners from the floor owners failing to pay their expense debt or from other responsible parties come first.
VI – Permission obligation:
Article 23 – If it is necessary to enter another independent section to repair or correct a damage or defect occurring at the independent section of one of the floor owners or at the facilities in this section, the owner of the former or the inhabitants of that section under a different title are obliged to grant entrance permit and tolerate the performance of the necessary works on the latter section.
Should a part of the main immovable property be ruined and it becomes necessary to benefit from the interior or exterior of the independent sections left undamaged to re-build the ruined independent sections and additions or joint spaces or the facilities at the independent section, the owner of those undamaged sections or the inhabitants of that section under a different title are obliged to permit this activity.
The damage to be incurred by the floor owners or the inhabitants of that section under a different title owing to the permission granted as per the paragraphs above must be forthwith paid by the independent section owners to whom permission was granted.
VII – Prohibited works:
Article 24 – At an independent section of a main immovable property shown in the log/registry as a residence, work or commerce place, institutions like hospitals, clinics, polyclinics, dispensaries, medical laboratories, etc. cannot be established; the contracts of the floor owners to the contrary shall be deemed as void; the doctor’s offices not in the form of a clinic, polyclinic or dispensary are outside this provision.
At an independent section of a main immovable property shown in the log/registry as a residence, entertainment and meeting places like cinema, theater, coffee shop, casino, pavilion, bar, club, dance hall et. and food and nutrition places like bakery, restaurant, patisserie, milk seller, etc. and places like production house, paint house, printing house, store, gallery, shopping center, etc. can only be opened with a decision to be given by the floor owners board with unanimity. This decision is put down as a note to the pages of all independent sections at floor ownership log as per the request of the manager or one of the floor owners.
VIII – The obligation to transfer floor ownership:
Article 25 – If one of the floor owners, by failing to pay his/her debts and fulfill his/her liabilities as per this law, violate the rights of the other floor owners in a level that becomes unbearable for them, the latter may request from the judge to transfer the ownership right of the former on his/her independent section to themselves.
In relation to such a floor owner, the floor owners board decide to apply for a case for the ownership of the independent section at the date of trial to be paid to that floor owner and this ownership to be transferred to the other floor owners pro rate their lot shares; if majority cannot be attained to take this decision or if some of the floor owners does not want to apply for this case, the case is applied by the other floor owners and the ownership of the independent section shall be transferred to the floor owners applying for a case pro rate their lot shares. In situations below, the unbearability indicated at the first paragraph is anyhow deemed to be present:
a) Causing to prosecuted for debt or trial three times in two calendar years based on the reason that he/she failed to pay the debts falling unto his/her share from joint expenses and advance;
b) despite the order given by the judge of the civil court of peace where the main immovable property is located as per article 33, persisting continuously to violate the rights of the other floor owners by failing to pay the debts and fulfilling the liabilities stated in this law;
c) Acting against ethics and customs by utilizing his/her own independent section as a clandestine brothel, gaming house, etc.
The right to apply for a case becomes void in six months of the date of learning the reason and in any case, within five years of the emergence of the right to apply for a case provided that it is not used within this period and provided that the cause of trial is not existent anymore.
B) Debts of floor access owners:
Article 26 – The floor access owners are mutually liable on the joint lot being the subject of this right, to settle their own share of dents to ensure that the structure to be built for being transformed into floor ownership in the future is completed as per the contract and plan, and facilitate the structure building work in line with honesty principles.
If one of the floor access owners does not settle his/her share of debts in two months as of the date of a warning to be sent through notary, the judge, as per the written request of the others, decide for the transfer of the former’s lot share and floor access to the other shareholder pro rata their shares against its worth at that time.
If the floor access becomes void since the structure could not be completed within the legal period owing to the defect of one of the floor access owners, the defective party is obliged to indemnify the others for the loss them have incurred due to this situation
PART FIVE
Management of the main immovable property |
A) General assembly:
Article 27 – The main immovable property is managed by the floor owners board and the management type is determined by this board provided that the ordering provisions of the laws are reserved.
B) Management plan:
Article 28 – The management plan arranges the management style, utilization purpose and method, the wage to be given to the manager and auditors and other issues related with management.
The management plan is in the form of a contract that binds all the floor owners. Where there is no provision at the management plan, the disputes to arise from the management of the main immovable property shall be settled according to this law and general provisions. (Amended: 13/4/1983-2814/article 11) Fur fifth of the votes of all the floor owners is a prerequisite for the alteration of the management plan. The floor owners reserve the right to apply to a court as per article 33.
The management plan and the alterations made on that plan bind all the floor owners, total and partial successors thereof and the manager and auditors.
The date of the management plan and the alterations made afterwards are shown at the “Declarations” cell of the floor ownership log and these alterations are connected to the management plan and kept among the establishment documents of the floor ownership.
C) Meeting and decisions of the floor owners board:
I – Time of Meeting:
Article 29 – The floor owners board convene at the times indicated at the management plan, as not being less than once a year, or if such a time is not stated, then, in the first month of each calendar year.
In case of emergence of an important issue, based on the request of the manager or the auditor or one third of the floor owners and with a summit to be made signed to all floor owners or registered mail to be notified at least fifteen days before the planned meeting date, and provided that the cause of the meeting is stated, the floor owners board can convene at any time.
While making the first summit, it must be stated as to when and where the second meeting will be held if sufficient quantity cannot be obtained in the first meeting.
II- Sufficient quantity:
Article 30 – The floor owners board convene with more than fifty percent of the floor owners in terms of both quantity and lot share, and takes the decisions based on vote majority.
If the first meeting cannot be held since the sufficient quantity could not be gathered, the decisions are taken with the vote majority of the attendants of the second meeting to be convened within at most one week after the determined date of the first meeting.
The provisions in this law stated separately for sufficient quantity are reserved.
III – Participating to voting:
Article 31 – Each floor owner has a single vote right regardless of his;/her lot share ratio.
The floor owner than owns more than one independent section at the main immovable property has a separate vote right for each independent section; however, regardless of the number of independent sections that he/she owns, the number of votes he/she can have cannot exceed one third of the total number of votes, while making vote calculations fractions are not taken into account.
If an independent section has multiple owners, one to be granted attorney among them shall be represent them all at the floor owners board. IF one of the floor owners has no capacity, then he/she is represented by his/her legal representative.
The floor owner, for which the decision to be taken directly concerns him/herself, can be present at the meetings however cannot vote.
One of the floor owners can use its vote via an authorized attorney however, the same person cannot be assigned as attorney to represent more than one thirds of the total number of votes.
IV - Decisions:
Article 32 – The main immovable property is managed by the floor owners board with the decisions to be given according to the contract, management plan and law provisions. All the floor owners, partial or total successors thereof, manager and auditors are obliged to abide by the decisions of the floor owners board.
The disputes that may arise among the floor owners or between them at the manager and auditors or between the manager and auditors due to the utilization or management of the main immovable property shall be settled and concluded by the floor owners board.
The decision of the floor owners board shall be written at a notebook, of which each page bears a notary stamp, with consecutive page numbers starting from (1); and these decisions are signed by all the floor owners present at the meeting, the against voters indicate their objection and also undersign the decision.
The disputes that might arise in the future regarding an issue shall be resolved, in principle, as per a decision that has been given beforehand, if any, at the decision notebook regarding the same issue.
V – Intervention by judge:
Article 33 – The floor owner(s) that have incurred damaged owing to the fact that a floor owner or continuous beneficiary of that floor based on a rental contract, residence right or whatsoever basis does not consent to the decision given by the floor owners board or does not fulfill his/her debts and liabilities can apply to the court of first instance governing place of the main immovable property and request for the intervention of a judge.
After the judge hears the involved parties, decides on a verdict forthwith according to this law and management plan, if there is no related provision at these, then according to general provisions and fairness principles and informs or notifies the related party regarding the necessity to perform this within a short term to be determined by the judge.
The ones failing to fulfill the verdict of the judge within the stipulate period, the same court finally decides to take a monetary penalty ranging from 100 Lira to 2000 Liras; the provision of the 25th article is reserved.
D) Manager:
I - Assigning:
Article 34 – The floor owners can assign the management of the main immovable property to a person (Manager) or a board comprised of three persons (Management board) they will select among themselves or from outside.
If the main immovable property has eight or more independent sections, it is obligatory to assign a manager.
If all the sections of the main immovable property is under the ownership of a single person, then that owner is legally in the manager status.
The manager is assigned by the majority of the floor owners both in terms of quantity and in terms of lot share.
The manager is re-assigned at the legal annual meeting of the floor owners board, the old manager can be re-assigned.
If the floor owners cannot agree on the management of the main immovable property or cannot gather and assign a manager, a manager is assigned to the immovable property by the civil court of peace governing the location where the property is located based on one of the floor owners and if possible, after hearing the other floor owners as well. This manager shall have the authorities of the manager that is normally assigned by the floor owners and shall be responsible likewise against the floor owners.
The manager assigned by the civil court of peace cannot be changed by the floor owners board unless six months pass after this assignment. However, if there is a just reason, the civil court of peace that has assigned that person may permit the change of manager.
At the contract signed with the manager during his/her assigning, it might be set as a prerequisite to display a security/warranty; even if such a provision is not present in the contract, the board of floor owners can request the manager to show a security (warranty) in case of a justifiable reason.
The name, surname, work and home address of the manager must be hung up beside the entrance door of the main immovable property and at an easily observable location at the doorway. If this is not performed, it is finally decided to give monetary penalty by the same court from 50 liras up to 250 liras based on the application of the related person among the manager or each of the members of the management board.
II – Duties of the manager:
1. Conducting general management works:
Article 35 – The duties of the manager is indicated at the management plan; unless there is a provision at the management plan to the contrary, the manager performs the following works:
a) Performing the decisions taken by the floor owners board;
b) utilization of the main immovable property according to its purpose, taking necessary precautions for its protection, maintenance and repair;
c) Making the main immovable property insured;
d) collection of a suitable amount from the floor owners as advance for the general management works of the main immovable property, maintenance works such as protection, repair, cleaning and elevator, central heating, hot and cold air operation and insurance at the time indicated at the management plan or, if such a time is not stated at the plan, within the first month of each calendar year; in case this advance is spent and finished then again collecting advance for the remaining works;
e) accepting all the other payment related with the management of the main immovable property, payment of the debts arising due to management and if also authorized by the floor owners for this aim, collecting the rents of the independent sections;
f) accepting the notifications concerning the whole immovable property;
g) To take the necessary precautions to avoid the loss of a right or passing of a term concerning the main immovable property;
h) taking the necessary precautions, in the name of the floor owners, in the matters to the benefit of the floor owners for the protection and maintenance of the main immovable property;
i) Making suit or debt prosecution against the floor owners failing to fulfill their debts and liabilities regarding floor ownership and making the legal mortgage right registered at the floor ownership log;
j) Opening an account at a respected bank for his/her name but by showing him/her under the capacity of the manager of the main immovable property, to deposit and draw as necessary the sums and advances collected;
k) Summoning the floor owners to the meeting of the board.
2. Keeping log and storage of documents:
Article 36 – The manager is obliged to record the protocols of the decisions of the floor owners board, the summary of the warning and notification sent, the dates thereof and al the expenses, in a chronological manner, to the notebook mentioned at article 32 and keep this notebook, the documents of the expenses and all other documents at a file/dossier.
This notebook has not made closed by a notary within one month after the end of each calendar year.
The manager failing to fulfill his/her duties stated in this article are given the penalties indicated at the last paragraph of article 33.
3. Preparing operation project:
Article 37 - (Amended: 13/4/1983 - 2814/article 12)
If there is no operation plan accepted by the floor owners, the manager forthwith prepares an operation plan.
This project especially shows:
a) the estimated income and expense amounts for a one-year management of the main immovable property;
b) The estimated amount to be paid by each floor owner from the whole expenses according to the principles at article 20 of this Law;
c) The advance amount that the floor owner has to give as per the principles at article 20 of this Law as to meet the estimated expenses and other possible expenses.
This project is notified to the floor owners or the actual beneficiaries of the independent sections against signature or by registered mail. If the project is objected within seven days after notification, this situation is examined at the floor owners board and a decision is taken regarding project, and a new project is prepared if necessary.
The ascertained operation projects and the decisions of the floor owners board regarding operation expenses are deemed among the documents indicated at the 1st paragraph of article 68 of the Debt and Bankruptcy Law.
III- Responsibility:
1. General rule:
Article 38 – The manager is responsible just like an attorney towards the floor owners.
2. Accountability:
Article 39 – The manager is obliged to give to the floor owners board the account of the incomes obtained and the expenses made up to that date due to the main immovable property at the times written at the management plan or, if such a time is not written, within the first month of each calendar year.
If half of the floor owners request, whatever their lot shares area, it can be requested from the manager to display the account at the times other than what is written at the management plan.
IV- Rights:
Article 40 – The manager principally has the rights of the attorney.
In case the floor owners do not completely and timely fulfill their share of debts and liabilities despite the warning sent through a notary by the manager, the manager can, without being obliged to pay and indemnity, annul his/her contract, withdraw from managership and request from the floor owners to indemnify him/her for the damage he/she has incurred.
The manager can request for a suitable wage from the floor owners even if a wage has not been assigned at the management plan or the contract signed with him/her.
(Amended: 13/4/1983-2814/article 13) The floor owners board decides whether the manager assigned among the floor owners will contribute to the normal management expenses or not, and if hi/she will then they shall also determine the rate thereof. If a decision has not been taken in this regard, the manager does not contribute to half of his/her share of normal management expenses during his/her managership term.
E) Auditing Management:
Article 41 – The floor owners board continuous audit his/her behavior at this duty and can replace him/her any time a just reason comes out.
If a specific time is not stated at the management plan for the auditing of the accounts; this audit is performed quarterly; however, if there is a just cause; account auditing can be performed at any time.
LAWS, MAY 1992 (Annex -12)
The floor owners board can assign the auditing work to an auditor or an auditor board comprised of three persons which they shall select among themselves with quantity and lot share majority; in this case, the auditor or the auditors board informs the floor owners board regarding the result of the audit and their opinions on the management style of the main immovable property in a report they will submit at the time written at the management plan or, if not stated at the management plan, within the first month of each calendar year; this report is reproduced and a sample is sent to the floor owners with registered mail.
The auditors record, put a date and signature under this report, the decisions they will make and other issues they deem necessary on a notebook with consecutive page numbers starting with (1) and of which each page is notary certified.
F) Renovations and Supplements:
I – Beneficial ones:
Article 42 – The floor owners cannot make a modification by themselves at the joint spaces of the main immovable property; all the renovations and supplements to be used for increasing the benefit to be obtained from these places or that will make the use of joint spaces easier and more comfortable, can only be performed with a decision of the floor owners to be given with quantity and lot share majority.
The expenses of these works are paid by the beneficiaries of the renovations according to their rate of benefiting.
(Supplement: 10/12/1990 – Decree Law - 431/article 1; Accepted as is: 5/2/1992-3770/article 1)
With the request of one of the floor owners, transforming heating with central heating into individual heating with the use of natural gas can be performed with a decision of the floor owners to be given with quantity and lot share majority.
(Supplement : 10/12/1990 - Decree Law - 431/ article 1; Accepted as is: 5/2/1992-3770/article 1)
In case it is decided to transform central heating into individual heating, the provisions of the management plan against this decision are deemed to have amended and the expenses of the joint works to be conducted for this aim is paid according to the lot share.
II – Costly and luxury ones:
Article 43 – If the desired renovation and supplements are very costly or bear a luxury property as compared to the specific status of the structure or if it is not present at the places or passages of the main immovable property that must be used by all floor owners, the floor owners not wishing to benefit from these, are not obliged to contribute to the expenses; the expenses of such renovations and supplements are paid by the floor owners that have decided for the building of these changes.
However, the floor owner that has decided at first not to contribute to the expenses, or the total or partial successors thereof, contribute afterwards to the expenses of making and protection renovation and supplements at the rate of their own lot shares, they gain the right to benefit from the luxury renovation or supplement made.
III- Independent section addition:
Article 44 – For adding a floor to the top of the main immovable property or transformation of the existing semi-floor into a full floor or the post-building or addition of the places written at the second paragraph of article 24 at the ground or cellar floors or an empty part of the lot, it is obligatory for:
a) the floor owners board decide on this with unanimity;
b) depending on the status that the main immovable property will transform into after this construction, the lot shares to be allocated to all independent sections including the new supplements made, to be re-determined according the procedure and with unanimity;
c) To establish floor access as per article 14 with an official deed to be prepared in the presence of the title deed officer on the lot share allocated to the new independent section to be added and registering this at the accesses cell in the floor ownership log of all the independent sections of the main immovable property and establishing a connection as per the provision of article 13 with the former closed log page of the main immovable property;
It is indicated in the official deed that the floor owners who although consenting to this type of additions and extensions, do not want to contribute accept the allocation of the portion reducing due to these additions from their lot shares to the independent sections of the ones making additions made.
In such a case, provided that the price of the portion decreasing due to new allocation from the lot shares of the floor owners that have not contributed to the building of a new independent section is paid to them, the newly built independent section is transformed into floor ownership as per the old official deed related with the establishment of floor access, and becomes the property of the person or the joint property of the ones making it built, and the floor ownership is registered to the name of the new owner(s) at a separate page of the log.
G) Transferal of possessions and important works:
Article 45 – Logging the main immovable property with a right or transferal of possessions such as division of the lot and transfer of the divided part’s ownership to a third party, or important management works such as leasing the outer walls or roof of the main structure for advertisement purposes can only be done based on the decision to be given by all the floor owners with unanimity.
PART SIX
Termination of Floor Ownership and Floor Access |
A) Termination of floor ownership:
I – Due to the main immovable property being destroyed together with its lot or being expropriated:
Article 46 - Floor ownership terminates with the deletion of the registry record at the floor ownership log.
The floor ownership does not terminate automatically by the gathering of all the independent sections of a main immovable property under the ownership of a single person.
The registry record is deleted when all the floor owners or the owner that has gathered all the independent sections under his/her ownership makes a written request for the conversion of the floor ownership at the main immovable property into ordinary ownership and that immovable property is registered by being transferred to a new page in the general log according to the lot shares connected with the independent sections and by establishing a connection with the former records.
If there have been changes at the features of the main immovable property after the establishment of floor ownership, these are also entered to the new registry record.
If one of the independent sections is logged with an in rem right or a personal right commented at the registry, unless that right is deleted from the log with the consent of the right holder, it cannot requested for the floor ownership on the main immovable property to be transformed into ordinary ownership and the deletion of the floor ownership’s record at the registry log.
If the owner of the logging right, although not consenting to the erasing of the registry record, consents to the transfer of his/her right to the ownership share of the debtor or depending on the nature of the right, to all the partner ownership shares, this right is not deleted from the registry and it is only registered to the general log by transferred on all the partner ownership rights the debtors has in that immovable property made subject to ordinary ownership basis.
In case the main immovable property is completely destroyed together with its lot or in case it is expropriated, the deletion of the registry record is conducted according to general provisions.
If the main immovable property is expropriated, the expropriation price of each independent section is determined separately by also considering the associated lot share and additions and this price is paid to the owner of that section.
II – The Main structure being ruined:
Article 47 – If the main structure is completely ruined, the floor ownership on the main immovable property automatically comes to an end.
If one of the independent sections of the main structure gets completely ruined and the owner of that section does not make it rebuilt in two years, the other floor owners or some of them can, within one year after the end of the mentioned period, request from the judge to transfer the lot share of that section to them against its price and pro rata their lot shares. The lot shares transferred in this manner is marked at the “Declarations” cell of the related pages of the floor ownership log; the ones taking over the lot share are obliged to make re-built the ruined independent section within two years as of the date they have taken over or all the floor owners have to make their lot shares bound to independent sections recalculated according to the principles at the 2nd paragraph of article 3 of this law and make them passed on to floor ownership log within the same time frame.
If the above paragraph provision is not complied with, the floor ownership on the main immovable property automatically terminates and joint ownership provisions are applied on the insurance price taken for both that immovable property and the ruined sections.
If more than one independent section are completely ruined and the re-building of one is dependent on the re-building of the other, the floor owners whose independent sections are obliged to inform the other floor owners in a written form within six months as of the ruining date regarding the fact as to whether they will renovate these sections or not. The ones that have not informed are deemed that they are not desiring to renovate and their lot shares are transferred first of all to the ones that are wanting to make their sections renovated.
The floor ownership on the ruined independent sections is automatically converted into floor access during the periods stated in this article and a provisional comment is stated at the declarations cell of the floor ownership log. When the independent section is re-built, the floor ownership on it re-emerges and the provisional comment at the log is deleted.
III- The duty to inform and deleting the record:
Article 48 – Should the main immovable property or the main structure is wholly or partially ruined, this situation is notified to the title deed administration where that immovable property is located and to all floor owners; if there is no manager, this situation is forthwith notified to the title deed administration of the floor owner whose independent section is ruined; the floor owner whose independent section is ruined shall be wholly responsible for all of the damage to arise due to failing to make this notification and the manager shall be responsible severally from one fifth of this damage; and the Treasury cannot be held responsible.
When the floor ownership terminates, the pages at the floor ownership log is closed and the record of the immovable property is registered to the general log by showing the parts of the main structure left intact and by establishing a connection with the general log record before the establishment of the floor ownership log as per joint ownership principles at the ratio of the lot shares. In this case, the joint ownership provisions govern the insurance prices and the ruins.
B) Termination of the floor access:
Article 49 – The owner or joint owners of a lot being the subject of floor access can terminate this access any time by making deleted the registry record of the floor access with a written declaration they will give to the title deed officer.
The floor access terminates automatically when the subject lot is completely destroyed or comes into a state where no structure can be built on top or when it is expropriated.
(Amended paragraphs: 13/4/1983 - 2814/article 14):
If a structure is not built on the lot being subject of floor access within five years according to the plan submitted during the establishment of this access, the city judge, based on the request of one of the owners, decides for the floor access to be terminated or extended for a period of time depending on the situation by also hearing the related parties when necessary. This period can be extended based on request.
When the floor access is removed as per the above paragraph, the record at the title deed log is deleted.
PART SEVEN
Final Provisions |
A) Prohibitions:
Article 50 – After this law is enacted, access rights cannot be established to enable one of the shareholders of an immovable property to benefit from a part thereof alone as a floor owner as per the Civil Law or other laws.
Floor ownership cannot be established at structures which are not completely made of stone and mortar.
B) Complying with the new status:
I – At the accesses established after the enactment of the Civil Law:
Article 51 - (Amended first paragraph: 30/4/1969 - 1166/article 1) It is obligatory that the ownership of the immovable properties on which right of access has been established so that one of the shareholders of an immovable property can benefit from a section of that immovable property alone as a floor owner in the period after the enactment of the Civil Law until the effective date of this law must be transformed into floor ownership until 2/1/1971 and registered to the floor ownership log. If this is not dome, the rights of access shall be terminated and only joint ownership remains.
The conversion of the ownership on the immovable property into floor ownership and registry to floor ownership log as per the first paragraph is done based on the documents at the title deed administration and the photographs written at clause (b) of article 12 of this law as per the application of one of the joint partners to the title deed administration; in this case, it is sufficient for the photograph to be approved with the signature of the joint owner applying to the title deed administration.
The other owners can neither object to this transformation not avoid contributing to the expenses thereof and preparing the management plan; should they avoid from doing such, the provision of article 33 regarding intervention of a judge shall be applied.
II- At the rights established before the Civil Law:
Article 52 – The rights that have been established under names such as right of air, room ownership, etc. before the effective date of the Civil Law shall be converted into floor ownership or floor access as per this law, according to the provision given below, within three years of the effective date of this law:
a) If there are structure sections on an immovable property subject to these rights, the right holders become a shareholder as per joint ownership rights of the Civil Law, without being obliged to pay any price and at the values of their sections on the lot of that immovable property based on a contract to be signed among those right holders and they establish floor ownership as per the related provisions of the Floor Ownership Law.
b) If there are no structure sections but only right of air, this right is automatically converted into floor access rights by the right holder becoming a shareholder at the lot as per the principles at clause (a) and registered to the log in this manner.
c) If the right holders cannot come to an agreement within three years of the effective date of this law to convert their former rights into floor ownership or floor access, this conversion shall be made with the application of one of the right holders or directly by the title deed administration where the immovable property is located, via the determination of the lot share at the rate of the values of the separate sections and the preparation of the necessary documents and as per the principles at clause (a) and (b)of this article, and this situation is informed to all the right holders.
The costs necessary to directly convert these rights into floor ownership or floor access by the title deed administration shall be paid by the Treasury and then collected from the right holders according to the provisions of the special law on the collection of the public receivables.
The right holders can object to the decision of the title deed administration, by opening a trial at the court of peace within one month after the notification of this decision to themselves.
III- Management of the floor accesses established according to the Civil Law:
Article 53 – Until the rights of access that have been established for one of the shareholders of an immovable property to benefit from a section of that immovable property along as a floor owner before the effective date of this law are transformed into floor ownership as per this law, the provisions of this law are applied regarding the management of the immovable property, obligation to prepare the management plan and contribution to the expenses, insurance liabilities and the premiums thereof.
C) The status of floor ownership in case of elimination of partnership according to special law:
Article 54 – In case of making into a partnership/collective as per the provisions of the Public Works Law, if there are immovable properties subject to floor ownership among the immovable properties collectivized, provided that all the owners agree on elimination of partnership as per article 46 of the Public Works Law, the elimination of partnership is conducted according to that agreement.
If such an agreement cannot be reached, the valid value of each immovable property before collectivization shall be valuated by the court of peace commissioned to eliminate partnership as per the provision of the article mentioned at the first paragraph and this court decides to offer to the immovable property owner with the highest value to buy the other immovable properties at the determined prices and when the offer is accepted and price is paid, partnership will be eliminated.
If this price is not paid within one month of the notification of the ascertained court of peace verdict or a bank letter or in rem security is not shown to be paid in six months, all of the collectivized immovable properties shall be sold by way of public auction to eliminate partnership by preserving the floor ownership and annexation of the other immovable properties if possible according to the public works status, or if not possible, by eliminating floor ownership; and the sales prices is apportioned among the owners of each immovable property according to the ratio of the values determined as per the second paragraph.
D) Fees and taxes:
Article 55 – The establishment of floor ownership or floor access as per this law is exempt from any kind of fees and taxes provided that is does not contain the transfer of the ownership to a third party. This exemption also covers the processes to transform the rights of access established after the enactment of the Civil Law into floor ownership as per article 51 and the processes to transform the rights established before the enactment of the Civil Law into floor ownership or floor access as per article 52.
The established floor ownerships a re immediately informed to the tax office and the municipality of the place where the main immovable property is registered.
E) The situation at places with no municipality:
Article 56 – The duties given by this law to the municipalities shall be executed by the municipalities of the district or city center municipalities to which a place is bound for the locations which have no municipality, and for the sites mentioned at article 47 of the Public Works Law no. 6785, these duties shall be executed by the related municipalities.
PART EIGHT
Real Estate Right |
Article 57 – The right to benefit at certain terms of the year from a structure or independent section fit to be used as residence can be established to the benefit of each of the joint owners of the structure or independent section as a right of access bound to the joint ownership share.
this right is called real estate right.
Article 58 – Unless the contrary is decided at the official deed, the share tied to the real estate right shall be determined in an equal manner based on the quantity and periods of the terms.
Real estate right can only be established on structures with residential type, converted into floor ownership or floor access or independent structures.
In rem rights can be arranged on the real estate that are in accord with this right.
The real estate right can be transferred and transmitted and passed on to heirs according to the related joint ownership share.
Article 59 – The real estate right has to be divided into certain terms/periods of the year and should not be shorter than 15 days. Unless decided otherwise at the contract, the real estate right holder can leave his/her right of use to others.
Article 60 – At the declarations cell of the title deed logs of the main immovable property and the independent sections and independent structures, it is marked to indicate that real estate right has been established on the independent section or structure and this issue is stated at the title deed certificate to be prepared.
Article 61 – The duration of the term, delivery and take over and the utilization methods and procedures, selection, rights and responsibilities of the managers, the term to be allocated for big*scale repairs, maintenance expenditures, etc. issue among the joint owners of the structure or independent sections on which real estate right shall be established will be determined at the real estate contract. The real estate contract that covers these matters and signed by all the right holders is added to the official deed and shown at the declarations cell of the title deed log.
(1) This section and the articles under this section heading has been added to the 1st article of the 10/6/1985 dated Law no. 3227.
The joint owners of each structure or independent section on which real estate right has been established assign a real or judicial person among themselves or from the outside as manager and representative at the floor owners board. The managers assigned according to the general provisions of this Law can also be commissioned with duties related with real estate managership.
Article 62 – The establishment of real estate right on some of the multiple independent sections transformed into floor ownership, is not bound to the consent of the other independent section owners unless it is concluded to the contrary at the management plan.
Article 63 – The joint owners of the structure or independent section on which real estate right has been established, cannot request for the elimination of partnership unless it is decided as such at the contract.
Article 64 – The real estate right holders are obliged to evacuate the independent section or structure they have been utilizing as per the contractual provisions as of the end of the period allocated to them and indicated at the title deed registry and deliver them to the new right holder.
Should it not be evacuated at the end of the mentioned period, it will be forthwith evacuated by the police with the order of the highest local property chief, with the request of one of the period owners that would benefit or the manager accompanied by the title deed record and contract, without the need for another process or notification. The application to be made to the administrative and adjudicative bodies does not stop the evacuation process. The rights of the related parties arising from law and contract are reserved.
Article 65 – In regards to the settlement of the disputes and determination of the rights and debts, authorities and responsibilities of the real estate right holders, the provisions of the Turkish Civil Law and other laws shall be applied provided that there is no related provision in this Law, the contract or the management plan.
Commissioned court:
Additional Article 1 - (Supplement: 13/4/1983-2814/article 15)
The courts of peace shall settle any kind of dispute to arise due to the implementation of this Law.
Evacuation of utilization places:
Additional Article 2 - (Supplement: 13/4/1983 - 2814/article 15)
The doorman, central heating worker, gardener and watchman and the managers assigned from outside, whose contracts are annulled or terminated for any reasons by the floor owners board or the manager authorized by this board, must evacuate any place within fifteen days that might have been allocated to them, if any, for their duty. The places that have not been evacuated within this period shall be made evacuated by the hand of the police within one week with the decision of the local property chief, based on the manager or any of the floor owner’s application, without the need for any other notification.
The application to be made to the administrative and adjudicative bodies does not stop the execution of this decision. The rights of the related parties arising from law and contract are reserved.
Special provisions to be applied in case of multiple structures:
Additional Article 3 - (Supplement: 13/4/1983 - 2814/article 15)
In case there are more than one structure on a lot, the following rules are taken into consideration at the application of the provisions taking place in this Law:
a) Provided that forty percent of all the independent sections to be built as per the situation plan or, in block constructions, provided that the block or blocks, each comprised of at least eight independent sections, are completed, it can be passed to floor ownership for the completed independent sections. In this case, it will be determined with regulations as to how the floor accesses belonging to incomplete structures will take place at the title deed logs (without being bound to the 2nd paragraph of article 11).
b) The joint expenses related to each of the structures shall be met by the floor owners of the structure, the joint expenses related with the facilities and places common to all structures shall be met by all the floor owners according to the rule at article 20. In case some of the structures are incomplete, the floor access owners also contribute to the expenses for the joint facilities and places at the rate these concern them.
c) In block structures, for the settlement of problems related to only one of them, the floor owners board is comprised of the independent section owners found at that block.
Passing to Floor access:
Additional Article 4 - (Supplement: 13/4/1983 - 2814/article 15)
In case a lot has been acquired by five or more persons to build one or more structure on top and in case a party fails to comply with the decision taken by minimum four fifth of the share holders regarding passage to floor access, the court of peace decides for the annulment of the shares of the defaulting shareholders at the immovable property and registration of these shares to the name of other willing shareholders with the following conditions:
a) It should be proved that the joint immovable property was acquired for the reason indicated above,
b) The related party should have failed to comply with the decision of the above-mentioned majority of the joint owners to pass to floor access or the related liabilities for two months despite the notification served by the notary,
c) The market value determined by the court for the shares of the joint owners failing to comply with the decision should be stored at the cashier’s office of the court.
F) Effective date:
Article 66 – This law shall become effective after six months of its publication. (1)
G) Governing authority:
Article 67 – The provisions of this law are governed by the Board of Ministers. (1)
THE PROVISIONAL ARTICLES NOT ENTERED AT THE 23/6/1965 DATED MAIN LAW NO. 634:
1) The provisional articles of 13/4/1983 dated Law No. 2814:
Undeleted floor access rights:
Provisional Article 1 – If the floor accesses related with the structures that could not be finished on time before the effective date of this Law on the lot being subject of floor access have not been deleted from the title deed log, these shall also be subject to the provision of article 49 amended with this Law.
Formerly opened cases:
Provisional Article 2 – The trials opened at the courts of first instance due to disputes arising from the Law No. 634 on Floor Ownership before the effective date of this Law are concluded by those courts.
(1) With the 1st article of the 10/6/1985 dated Law no. 3227, 57th article related with “Effective Date” has been renumbered as article 66 and the 58th article related with “Governing authority” has been renumbered as article 67.
LAWS, MAY 1992 (Annex - 12)
2) Provisional article of the 5/2/1992 dated Law no. 3770:
Provisional Article – The Authority Law concerning the Amendment of Certain Laws on the Utilization of Natural Gas and the authority granted to the Board of Ministers to issue decree law shall be deemed valid until the end of the period given at the mentioned Authority Law for the Floor Ownership Law no. 634.
Services
- Building Management Services
- Residential Site Management Services
- Electricity and Water Installation Assembly and Problems
- Personnel Provision Services for Homes and Workplaces
- Nurse Provision Services for Children and Sick People
- Apartment and Residential Site Security Services
- Building Interior Cleaning Services
- Home and Office Cleaning Services
- Insect disinfection services
Petition & Contract
• The Floor Owners Board (your General Assembly) convenes. This meeting is held with the attendance of more than half of the floor owners in terms of share.
• A decision is taken to transfer the Residential Site / Apartment management to ERG Group Company.
• In the meeting one or two persons are selected as auditors (the title deed of the residence or store must be registered on the auditor). This person or persons also sign a contract with ERG Group Company on behalf of the Residential Site / Apartment and conduct the relations with our Company as the building representative.
• If there is a bank account of the Residential Site / Apartment, authorization is granted for its use (instruction is given to the bank) or an authorization is granted so that ERG Group can open and use an account on behalf of the Residential Site / Apartment.
• After it is written down at the decision book, a contract is signed between the Auditor and ERG Group Company, the document, information and materials necessary for building management is submitted to ERG Group Company.
• The SSK (social Security) transactions of the employees is executed by the Financial Consultant of our Company,
• Electricity, water and natural gas, etc. invoice payments shall be made by placing automatic payment instruction in a timely manner provided that there is sufficient cash at the management account;
• Our Company immediately commences and concludes legal action regarding the ones that do not act precise at their payment or the debtors who have made this into a habit,
• Our Company can not be indebted on behalf of the residential site, cannot receive loan, cannot lend a loan, cannot issue checks and deeds, cannot endorse checks and deeds, cannot be held responsible from and object of any debts accrued from earlier management terms (including the debts of the floor owners) and any illegal action and practice,
• Our Company informs the residents by hanging a chart to the bulletin board showing the income expenses status at certain intervals,
• Our contracts are one-year contracts. If you are unsatisfied with our services you have the right to annul the management contract unilaterally by giving one month beforehand notification to our company.
• If there is no ascertained operation project, our Company prepares a new project and this is served to the floor owners via APS (urgent mail service) and the implementation is made according to the ascertained project within the determined time frame,
• After the management is taken over, in case deemed necessary by our Company or if there is demand, a meeting shall be held to inform the owners concerning the functioning of the professional management systems of our Company.