Manager Assigning
Article 34 – The floor owners can grant the management of the main immovable property to a person to be selected among themselves or a committee comprised of three persons. This person is called manager and the committee is called the management board.
If the main immovable property has eight or more independent sections, it is obligatory to assign a manager.
If all sections of the main immovable property belong to a single person, than the owner is legally the manager.
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.
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.
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If this is not performed, it is finally decided to give monetary penalty by the same court based on the application of the related person among the manager or the members of the management board.
SUMMARY : If there are 8 or more sections, it is obligatory to assign a manager. The manager can be assigned under contract from outside. It is obligatory to hang inside a plate at an easily observable place of the main immovable property the list showing the name, surname, work and home address of the manager.
MANAGEMENT IN RESIDENTIAL SITES
1- RESIDENTIAL SITE MANAGEMENT BOARD – RESIDENTIAL SITE MANAGER
2- RESIDENTIAL SITE AUDITORY BOARD – RESIDENTIAL SITE AUDITOR
3- BLOCK MANAGERS
4- BLOCK AUDITORS
RESIDENTIAL SITE GENERAL ASSEMBLY (FLOOR OWNERS BOARD)
The assembly is comprised of the floor owners of all the blocks. All the independent section owners in the residential site gather to elect residential site management and auditory boards.
* The general assembly decisions cannot be against the ordering provisions of the laws. Otherwise, these decisions will become void.
RESIDENTIAL SITE MANAGEMENT OR MANAGEMENT BOARD
This is the biggest management body of the residential site. The board is comprised of 3 permanent and 3 standby members.
DUTY: To manage the residential site
BLOCK MANAGER OR MANAGEMENT BOARD
Each block floor owners gather among themselves to elect the manager or management board.
While assigning a manager, the contract signed with the manager may stipulate showing a security; 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: |