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IMMOVABLE PROPERTY OWNERSHIP LAW

LAW NUMBER       :  634

DATE APPROVED: 23.06.1965

DATE ISSUED ON THE OFFICIAL PAPER: 2.7.1965

RULE ENACTED    : VOLUME 5   PAGE   2932

Section 1. GENERAL TERMS & PROVISIONS

  1. IMMOVABLE PROPERTY OWNERSHIP & PRIVATE EASEMENT

I - GENERAL RULES & TERMS

ARTICLE 1  - According to the terms of this law immovable property ownership rights can be established on separate or particular parts of the property(such as a flat, or apartment, office bureau, shop or store) which are available for use or will later be put in use by the real property owner or his associated owners.

As for the parts of the property mentioned in Article 1 of the law Private Immovable Property Easement Rights can be obtained by the owner or shareholders of the land in accordance with this law.  It must also be noted that Private Immovable Property Easement Right obtained by the owner or shareholders of the land concerning any building or part of an immovable real property which is either under construction or will be constructed later. The Private Immovable Property Easement Rights concerning the parts in question will be entitled as the Immovable Property Ownership after the construction is completed.

II   -     DEFINITION OF SOME TERMS

ARTICLE 2 – According to the Immovable Property Ownership Law:

a) The Main Landed Estate is the whole real property which is subject to the Immovable Property Ownership Law.

The Main Building refers only to the main construction itself.

Independent Part (s) means the part(s), available to be used either by itself or separately. Independent part is subject to independent ownership of the main property.

Additional Part(s)  are parts despite being external to an independent part, allotted directly to that part.
Immovable Property Ownership refers to the ownership right established upon the independent parts.

Immovable Property Owner is the person who is considered eligible to have the immovable property ownership.

b) Mutual Zones refer to the parts or areas, external to the immovable property, and they are to be preserved, benefited from, or used mutually.

Usage (the right to take the enjoyment of the property ownership) refers to the owners’ or owner’s rights to use the associate zones as well as the immovable property itself.

c) (Amended act of date 13.4.1983-2814 / Article 1)

Immovable Property Easement refers to the easement rights that the owner or associate owners of a land has upon the independent parts of one or more than one constructions that are under construction or will be constructed on the land.

People who are found to be eligible to bear the easement right of the immovable real property are called the owners of the immovable property easement.

d) Land share: On the basis of the law in question, land share refers to the allocation of associate ownership shares concerning the mutual land.

e) Contract (agreement) refers to the official ‘title deed’ which stipulates the establishment of immovable property ownership or easement.
Appendix-1

III. THE FEATURES OF IMMOVABLE PROPERTY OWNERSHIP AND  EASEMENT

ARTICLE 3- Immovable property ownership is a private ownership comprising immovable property ownership, land share, as well as the mutual zones of the main landed estate.

(Amendment of date:13.4.1983-2814/Article 2)

Immovable property ownership is established by making explicit the land share which is allocated in accordance with the associate property ownership terms, to each of the independent parts of the main building subject to the ownership in question either on the date that the immovable property easement is established, or proportional to its value on that date (in case of the transfer of rights into immovable property ownership directly).

In a situation when the land shares are not allocated proportional to the value of the independent parts of the land share, each immovable property owner or each immovable easement owner can apply to the court for the rearrangement of the land shares.

The land share allocated to each of the independent parts, in accordance with the clause in question, can not be changed due to any kind of increase or decrease in their value taking place at a later date. The terms of Article 44 are reserved.

Immovable property easement is a kind of easement right depending on the land share allocated in accordance with the conditions of law and it can be transferred into immovable property ownership upon the demand of the land owner or associate owners owning immovable property easement, or either or both .This written demand is to be submitted to the Title Deed Register Office after the construction is completed.

IV- MUTUAL ZONES

ARTICLE 4- Mutual zones can be made more explicit by means of a contract or agreement.

The places and things enlisted below are considered as mutual zones under every circumstance.

  1. Foundations, main walls, party or joining  walls which separate the independent parts ,  ceilings, and floors, gardens, main entrance gates, entrance corridors, stairs, elevators, corridors and if available sinks and WCs, rooms or flat belonging to the cleaning staff of the building, laundry rooms or laundry drying rooms( if available), parking grounds, special room for the heating system equipment, box rooms  and closed areas in which electricity and water clocks are situated, fountains or water depots, or water depots equipment areas.
  2. Waste water or other waste drains and systems excluding the parts belonging to each flat owner, shared antennas or cables for TV or radio stations, hot and cold air pipes.
  3. Roof, chimney(s), terraces of the mutual zone, rain gutters, fire exits and external stairs. Other parts or things which haven’t been mentioned above but are essential for mutual use and preservation are to be included within the scope of the mutual zone.

App. 2, 3, 4, 5, 6

B) - JOINTS

I- Joints between free zones and land share.

ARTICLE 5- In case of transfer or inheritance of the property estate ownership, the related land share is passed as well.

Unlike immovable property ownership and immovable easement, land share can not be transferred by inheritance and can not be registered with another right. Nor can landshare be transferred solely. Without the transfer of immovable property ownership and immovable easment, this is out of the question.

Under no circumstances can land share be excluded from the main landed estate unless it is attached to the immovable property ownership or immovable easement.

As for the main landed estate, no land share can be excluded from any attachment to immovable property ownership or established immovable easement.

All rights registered on immovable property have binding registration features upon the land share. No kind of easement having no relation to this right can be established on the land which is subject to immovable easement.

Before the immovable property is established, all immovable property rights which have had been entered into the official record or been annotated on the official register page are automatically registered, proportional with the proportion of land share.

II. CORRELATION BETWEEN MUTUAL ZONES AS WELL AS THE INDEPENDENT AND ADDITIONAL PARTS

ARTICLE 6 - Additional parts such as coal or water depots, garage, electricity, gas or water meter cages and toilets are not included in the independent parts, but they are considered as the complementing joints of the independent parts that they belong to. It is for this reason that the owner of the particular part is considered as the sole owner of the additional parts.

Additional parts are registered in the declaration section of the immovable property official register and those parts excluding the grounds of the main building are shown separately in the Cadastre Plan or in the title deed (Tapu) map.

Concerning the independent parts, establishment of any sort of easement which does not comply with the rights of immovable property owners or immovable property is out of the question.

In case of rental, transfer or registry of the independent parts to someone else, the additional parts as well as the mutual ones will automatically be transferred, registered or rented to that person.

C) ABROGATION OF PARTNERSHIP AND THE RIGHT OF PRIVILEGED   PURCHASE:

ARTICLE 7 -Demanding the abrogation of the act of being a shareholder, concerning the landed estate which is subject to immovable property ownership or immovable easement is out of the question. However, it is possible to abrogate shareholdership for independent parts due to the fact that the independent parts, like an independent landed estate, can be subject to a law suit.

II. THE RIGHT TO HAVE PRECEDENCE IN PURCHASE

ARTICLE 8- (Amendment of date 13.4.1983 in clause 1-2814/ARTICLE 3)

If one of the independent parts of the land share with established immovable property ownership or a land share with established immovable property easement which is sold, the other immovable property owners or immovable property easement owners do not have precedence over the right to buy it.

On condition that one of the shareholders of the independent part sells his share to any of the others, the other shareholders gain the right to have precedence in purchase. A contrary term may be included, in order to implement the application otherwise.

D) IMPLEMENTATION OF THE GENERAL TERMS

ARTICLE 9- Any conflict concerning the immovable property ownership is to be resolved by the Civil Code or other codes, in cases when there is no particular term included in the contract among shareholders, or in the administration plan.

Section 2: THE ESTABLISHMENT OF IMMOVABLE PROPERTY OWNERSHIP AND IMMOVABLE PROPERTY EASEMENT

  1. GENERAL RULE:

ARTICLE 10 – Both immovable property ownership and immovable property easement rights are attained after the registration is accomplished into the land register, which is an official register kept of real property. Immovable property ownership right can not be attained on one particular or several parts of real property unless the ownership of the whole main landed estate is transferred into immovable property ownership. In the process of the establishment of immovable property ownership, any adjacent part which takes place next to each other on the same floor can be registered as ‘one independent part’ on the land register.

 

The registration of immovable property ownership requires the official contract prepared by the keeper of real estate registers. Otherwise, the registration is carried out by means of a court decree, which is a judgment entered by a court. The details of that court decree are indicated below:

In no suit concerning the abolishment of shareholdership upon a landed estate on which immovable property ownership exist, may the judge decide that the ownership of the particular landed estate be shared among the shareholders separately taking the terms in Article 12 as a basis. Such a decision by the judge is sought in circumstances when one of the co-heirs or shareholders demand a particular division of the shares in which the independent parts of the estate are separately allotted on the basis of specified immovable property ownership.

B) OFFICIAL REGISTER OF THE IMMOVABLE PROPERTY OWNERSHIP

ARTICLE 11 - Immovable property ownership is registered in the main book of real estate registers with respect to the regulations in this law.

Unless there exists particular terms indicating otherwise the general terms concerning the registration, apply equally to the registration procedures in the official book of immovable property ownership. The registration of immovable property easement is not  signed in the main book of real estate registers. Rather, it is carried out in accordance with the general terms concerning immovable easement rights. For estates whose cadastre is not determined yet, immovable property ownership is registered with respect to the terms in land register regulations and it is registered in the immovable property ownership protocol.

C)   THE ESTABLISHMENT OF IMMOVABLE PROPERTY OWNERSHIP

I.. CLAIMS AND DOCUMENTS

ARTICLE 12- (Amendment of date 13.4.1983, 2814/Article 4)

For immovable property ownership to be established, a petition signed by that particular landed estate owner(s) or all its shareholders, has to be submitted to the land register office. In that petition they should state their claim for the establishment of immovable property ownership and for the transfer of the main landed estate to immovable property ownership.

Both in that petition and in the minutes which will be prepared at the land registration office, it is obligatory that land shares whose registration is claimed on a ratio-divised basis and the value of all the independent parts concerning the immovable property ownership be shown explicitly.

The documents stated below are to be attached to the petition (or claim document), besides the alienation of a dispositive transaction which refers to the transfer of a right, or a title to property from one person to another.

 

  1. A municipality-approved project prepared by an architect or engineer signed by the owner or all the main landed estate shareholders .The project must explicitly show outdoor and indoor-divisions of  the main landed estate, in addition to its independent additional and mutual zones. In brief, the project with the above features as well as the document for the building to be used are required.
  2. A 13 x 28-size photograph which depicts the front and back and all sides of the main landed estate .The photograph must have the approval of the municipality in charge.
  3. A notary-approved list which includes each land share of the individual part specifying the floor, flat or office , bureau features, and if available, the additional parts. This list is to be signed by the owner(s) of the main landed estate or its shareholders.
  4. An administrative floor-plan signed by the owner or owners of the immovable property ownership establishment. The administrative floor plan should make explicit the way and purpose of which the independent parts are used. The plan should be prepared on the basis of Article 28 of the law in question, in case of the existence of more than one part of the construction.

II-CONTRACT AND REGISTRATION

ARTICLE 13- (The amendment date of Article 1: 13.4.1983-2814/Article 5)

The title deed officer, after making sure that all the documents submitted to him comply d with the requirements and the regulations and that the people who submit the petition or the ones who make the claim are authorized, prepares the official contract for the establishment of immovable property easement or immovable property ownership. After the preparation of the official contract, the statement “the title to property ownership of this landed estate has been transferred to immovable property ownership” is written down on the ownership column of the land register page. Furthermore, each independent part which is subject to immovable property ownership, is to be registered by way of listing the details of title block (pafta), city block (ada), lot of officially surveyed land (parcel) inventory, and page (sayfa) whereas the land share attached to that part and to the main landed estate are registered on the general book of real estate registers. These are written down onto a separate page of ‘immovable property ownership book of real estate registers ’.Ties between these separate records of real registers are ensured by way of registering the independent parts on the inventory and the page numbers of the immovable property register book. This sort of registration is stated on the page of the general book of the register where the main landed estate is registered. According to the provisions of the law on the ‘Transmission of Registers in Partition’ on the basis of Land Register Regulation, the land register record including the previously existing rights concerning the main landed estate is transferred onto the pages of the ‘independent parts of the immovable property register’.

Each individual part which is registered in the immovable property ownership register obtains a separate landed estate feature and is marked with the same number as the approved plan of that part on the land register book.

(Amendment of date 13.4.1983-2814/Article 5)

Upon his own request, the immovable property owner can be provided with an approved copy of the project concerning the independent part belonging to him. (the project has been made explicit in Article 12 clause (a)of the law). The immovable property owner can also ask for the partitioned ownership document.

D) THE ESTABLISHMENT OF IMMOVABLE EASEMENT

ARTICLE 14(Amendment date of clause 1:13.4.1983-2814 / Article 6)

In order to establish and register the immovable property easement in the land register, the owner of that particular land or all its shareholders should write a  petition or a claim attached to the project, administrative plan and the list ( as referred to in Article 12 , clause a,c, and d). The necessity in question applies to the land on which the immovable property has not been constructed or it is in the process of being constructed. The administration plan is not required for immovable property ownership. For immovable easement on a land to be established, it has to be indicated on the declaration column of the book of register on which the land is registered. For this registration to be established, the land share which is demanded to be allotted on the related independent part should also be indicated in the contract or petition. After the completion of the construction with respect to the submitted project, the numbers given to the independent parts as well as the additional parts attached to those independent parts are shown on the declaration column of the land register book, if those parts are to be subject to immovable property ownership. After the completion of the construction, when one of the owners of the immovable easement right demands the transfer of immovable property easement into immovable property ownership, the registration is carried out with respect to the official contract concerning the immovable property easement, and the documents enlisted in Article 12 of the law, as well as the municipality approval of the previously submitted plan which should be in compliance with the law concerning the independent parts of the main landed estate.  

Section 3: THE RIGHTS OF THE IMMOVABLE PROPERTY OWNERS & THE RIGHTS OF THE IMMOVABLE EASEMENT OWNERS

A) THE RIGHTS OF THE IMMOVABLE PROPERTY OWNERS:

I. On the independent parts:

ARTICLE 15- The immovable property owners have all the rights and authority on their independent parts of the property. All their ownership rights are also reserved in the Turkish Civil Code.
App. 7

 

II- On the mutual Zones:

ARTICLE 16- Immovable property owners, on the basis of mutual ownership terms, have the right to possess the mutual parts of the main landed estate with respect to the ratio of their ownership on the land share. Immovable property owners have the right to use (namely ‘usage’) the mutual parts. The ratio of usage is determined with respect to the ratio of the land share possessed by the immovable property owners. This ratio is valid unless stated otherwise in their contract.
App. 8, 9

  1. THE RIGHTS OF THE IMMOVABLE EASEMENT OWNER(S)

 ARTICLE 17- The immovable easement owners have the mutual right to bring a law suit and demand the payments they should be receiving for the construction to be completed on the shared land within the periods of time which was stated at  the start, and completion dates indicated in the contract.

(Ammendment of date 13.04.1983-2814, Article 7)                                                               

The immovable easement owner can appoint one or more than one person as the administrator for the construction to be completed. This appointed administrator can either be one of the immovable easement owners or someone else without immovable easement ownership in relation to the particular construction in question. Duty, authority, and the responsibilities of the immovable property owner’s administrator apply to this appointed administrator as well.
(Attached annex of date: 13.4.1983-2814 Article 7)

In the case of landed estates for which immovable easement rights are established, if the construction is completed and the two-thirds of the independent parts are in use, immovable property ownership terms are put into effect even if immovable property ownership has not yet been established.

Section 4: THE DEBTS OF IMMOVABLE PROPERTY OWNERS

I. GENERAL RULE:

ARTICLE 18- Immovable property owners are mutually responsible from both the use of their independent, additional and shared parts in compliance with the requirements, and they are to pay the utmost attention in order not to disturb each other or violate each other’s rights. Further more, they are legally obliged to comply with the terms of the administration plan.

The terms concerning the debts of the immovable property owners are applied to the people who live in the independent parts or to the people having the right of residence or to the ones who take advantage of these parts continually in some way or another. Consequently, the people who do not pay their debts have joint and several liabilities upon the solidary obligation. Article 20 makes explicit the terms that apply to both expenditure and insurance premiums.
App. 10


II. MAINTENANCE AND PRESERVATION OF THE MAIN LANDED ESTATE LIABILITY ARISING FROM DAMAGE 

ARTICLE 19- The owners of the immovable property have joint and several liability in preserving the strength, beauty, and architectural design of the main landed estate.

(Amendment of date 13.4.1983-2814/Article 8.)                                                                      Any one of the immovable property owners can not have the mutual parts of the main landed estate reconstructed, repaired, nor can they have those parts painted in a different color without the consent of all the rest of the immovable property owners. Any sort of repairs, change or facility upon his own independent part is also prohibited if such repairs or changes might harm the main landed estate. Only in the joint sections of the independent parts such as the ceiling, the floor and the walls can an individual owner make repairs, facilities or changes that would not harm the main landed estate. Each immovable property owner is liable to the other owner(s), depending on  the harm he causes to the main landed estate and its other independent parts.
App. 11, 12, 13, 14

III. PARTICIPATION IN THE GENERAL EXPENSES OF THE MAIN LANDED  ESTATE

ARTICLE 20- (Date of the amendment on clause 1: 13.4.1983-2814/Article 9)

Each owner of the immovable property, unless stated otherwise in the contract signed between all those participating equally in the payment of any staff on cleaning, security and gardening;

a)   In accordance with the ratio of  their land share, each owner has the obligation to pay for the insurance premiums, maintenance, preservation, and  repair costs of the mutual parts as well as the administrator’s salary;

b)   Immovable property owners can not be exempted from the costs mentioned above, nor can they be exempted from the advance payment costs of such expenses. Even if they relinquish usage of the mutual zones or facilities or claim that there is no need or necessity for them to make use of such zones and facilities, they can not be exempt from paying for the expenses mentioned above.

(Amendment of date: 13.4.1983-2814/ Article 9)

The administrator of the block or each immovable property owner has the right to bring a law suit against the immovable property owner who refrains from paying for the expenses or advance of such payment. They can even take the matter to the Law Enforcement Office. The immovable property owner who refrains from paying for the whole debt is made to pay for a mandatory interest of 10% per month.

If any one of the expenses indicated in clause 1 of Article 20 is caused by the negligence of one of the immovable property owners or the people who use any individual part of the immovable property on behalf of its owner, the participant who has paid those expenses has the right of recourse; which means the right of surety to demand reimbursement from the principal debtor after he is compelled to pay the debt.
App. 15, 16

IV. INSURANCE AGREEMENT

ARTICLE 21- The conditions by which the main landed estate will be insured at the rate of value determined by the board of immovable property owners can be negotiated by the board in question. In cases when the main landed estate is insured, immovable property owners have to participate in the insurance fees based on the rate of land share they possess. In cases when the entire main landed estate is damaged, the insurance compensation to be received is allocated to the immovable property owners with respect to their proportions of the land share.

If the damage is only on some independent or additional, or on mutual parts, the insurance compensation to be reserved is allocated for the repair of the damaged parts with respect to their proportions of the land share.

Immovable property owners can insure their own independent parts in their name and account, in case of a damage which is impossible to be compensated by means of the main landed estate insurance.  In that case, it is solely the immovable property owners’ right to receive that particular payment which will be made by the insurance company. The immovable property owner, having his own part insured separately, has all his rights reserved for the allocation of the insurance compensation with respect to his shares of the main landed estate. Concerning insurance, mandatory terms of law are reserved.

V. WARRANTY OF SHARED EXPENSES

ARTICLE 22-(Amendment date of  clause 1: 13.4.1983-2814/ Article 10)

The people, who are users of the immovable property either by residence rights or by means of the rental of that particular immovable property or by other means, have mutual and solidary obligation upon the expenses on their share, with reference to Article 20 of the law. They also have solidary liability upon the advance debt as well as the monetory interest arising from their delay of payment. Nevertheless, the tenant(s)’ liability is limited to the rent that he has to pay. For this reason the extra payment that he makes is to be reduced from the amount of rent he has to pay. Unless the debt of the immovable property owner is charged in this way, the process with regard to the legal mortgage right is put into effect by the written request of one of the other immovable property owners. In the absence or non-existence of an administrator, this written request is submitted to the court for the sake of charging the remaining overdue debt. The last code of the Article 807 of the Civil Code is also applied in such circumstances.

(Amendment date: 13.4.1983-2814/ Article 10)

The sum of money owed by the immovable property owner who does not pay their part of expenses or the other people having the obligation to pay their debts to the other immovable property owners takes priority.

VI. REQUIREMENT FOR AUTHORISATION PERMISSION:

ARTICLE 23- For any damage or repairs that has to be carried out or the reconstruction of any facility that has to be done on the independent part of any immovable property, the tenant is not only obliged to give permission of entry to the property but also bear the consequences of the repairs until they are completed.

Compulsory permission applies to situations when the repairs have to be carried out internal to the independent parts.

In cases when one part of the main landed estate is damaged and has to be repaired, if either the undamaged internal or the external parts of the mutual or independent part of the property has to be entered, the tenants, owners or any other residents of the property have the legal requirement to give the permission of entry.

As for the written authorisation permission stated above, the owners of the independent estate who have been given authorisation permission on their part have to, without delay, pay for the loss charged to the owners of the repaired immovable property, or the tenants, or the people who benefit from the estate. The loss refers to the repair costs arising from the reconstruction.

VII- PROHIBITIONS

ARTICLE 24- Any institution such as hospital, outpatient clinic giving free or low-cost treatment, clinic, pharmacy laboratories can not be established internal to the independent part of the main landed estate; notwithstanding the fact that the independent part is registered into the book of register as a residence, or office.        Any contract signed by the immovable property owner against this article of law is void. Doctors’ offices, which do not have the features of a polyclinic do not have a binding prohibition. Internal to the independent part of the main landed estate which has been registered as a residence, the following places of trade can only be opened following a unanimous vote given by the board of immovable property owners:

This unanimous decision of the board is annotated on all the pages of the Immovable    Property Ownership Register Book.

  1. Theatre
  2. Café
  3. A dance hall
  4. A night club
  5. Venues for the training of dancing
  6. Bar
  7. Club
  8. Leisure entertainment centers
  9. Restaurants
  10. Bakery
  11. Pastry  shop
  12. Printing house
  13. Shop
  14. Gallery
  15. Shopping centers

App.17, 18

VIII. COMPULSORY TRANSFER OF IMMOVABLE PROPERTY OWNERSHIP

ARTICLE 25- If any of the immovable property owners keep violating the other owners’ rights with their persistence in not paying for their debts nor complying  with the terms , the other owners have the right to demand from the judge the transfer of that particular owner’s ownership rights on the independent part that he owns. The board of the immovable property owners can decide to sue this owner and demand the transfer of immovable property ownership rights to be allocated to the rest of the owners .This allocation is done proportional to each claimant’s land shares, and the allocation takes place after putting the property on sale and selling it at the price which is due on the date of the lawsuit being brought. If majority votes are not received, the law suit is brought to the immovable property owner by the rest of the immovable property owners. As a consequence of this, the defendant owner’s rights on his property is transferred to the suitor or claimant owners proportional to their land shares.

Below are situations which are considered as the unbearable violation of claimant owners’ rights as indicated in the clause 1 of the law.

  1. the immovable property owner’s being taken to the enforcement office three times within a period of 24 months due to his overdue debts,
  2. despite the judge’s decision , on the basis of Article 33, the defendant owner’s resistance of paying of his debts, and therefore, his continual violation of other owners’ rights in this respect,
  3. The defendant owner’s violation of ethical and moral rules by using his independent part of the property as a bawdy house. If the right to sue is not put into effect within five years after the information about the wrong deed in the property is received, the  action will be abate, and if the subject of litigation is no longer in question.

App. 19

B- THE DEBTS OF THE IMMOVABLE PROPERTY EASEMENT OWNERS

ARTICLE 26- The owners of the immovable property easement, upon the right of the shared land in question, have mutual obligations over the due payment of debts arising from the completion of the construction. They are also obliged to ease the processes of construction in compliance with the principles (principles on what is right) set up by the authority.

If one of the immovable property easement owners refrain from paying for the required debts despite the notification sent by the notary, the judge decides on the transfer of that particular owner’s rights to the rest of the immovable property owners, following the written demand made by them. This transfer of rights is done roportional to the other owners’ land shares, in cases when the debt is not paid within two months after the date of notification.

If the construction is not completed within the legally-set deadlines and this stems from the negligence of an immovable property owner, abatement of the immovable property is put into effect. As a consequence, the negligent party is to indemnify the loss he caused to the others.

SECTION 5: THE ADMINISTRATION OF THE MAIN LANDED ESTATE

A) THE BOARD OF ADMINISTRATORS:

ARTICLE 27- The main landed estate is governed by the board of  immovable property owners and the practices of administration is negotiated among the members of the board with the obligatory terms reserved in the law.
App. 20

B) THE ADMINISTRATION PLAN:

ARTICLE 28- With the administration plan, the practices of administration , the purpose and the ways in which they are used, the salary that the administrator and the supervisor is paid, as well as other issues concerning the administration of the main landed estate are settled.

The administration plan involves binding terms over the immovable property owners. In other word, it functions as a contract.

In cases when there is no particular term indicated in the administration plan, the disagreements caused by the administration of the main landed estate are settled and regulated with respect to this law and its general terms.

(Amendment of date 13.4.1983-2814 / Article 11)

For the administration plan to be amended the total vote of four out of five immovable property owners is required. All the rights of the immovable property owners to apply to the court are reserved, as per Article 33 of the law.

All the amendments made on the administration plan are shown on the declaration column of the Immovable Property Ownership Official Register. The amendments made are bound to the administration plan and kept along with the immovable property establishment documents.

C) MEETING BETWEEN THE BOARD MEMBERS OF IMMOVABLE PROPERTY OWNERS AND DECISIONS

I- THE TIME OF THE MEETING

ARTICLE 29- The immovable property owners gather for an annual meeting (at least once a year). If the date of the meeting is not indicated in the administration plan, they should gather once, on the first month of the year.

The board of immovable property owners may also gather whenever they feel that there is any urgent need to do so. Each member of the immovable property owner should be notified about the date of the urgent meeting at least fifteen days before the determined date of the meeting. This notification should include the reason for the gathering and be signed by all the immovable property owners. Any owner, who resides elsewhere external to the main building, has to be sent, by mail, a written acknowledgement. The notification should make clear the venue and the date of the following gathering in the case where there is no majority of owners attending the initial meeting.
App. 21

II. QUALIFIED& REQUIRED MAJORITY

ARTICLE 30- The board of immovable property owners attend a meeting only with a qualified majority, which is more than half of the total number of immovable property owners. All decisions are taken by majority vote.

If the first meeting can not be held due to the lack of qualified majority, the decisions are taken by majority votes among the participants of a second meeting which has to be held within a week at the latest.

Additional terms concerning the qualifying majority whose rights are reserved in law.

III. PARTICIPATION IN VOTING

ARTICLE 31- Each immovable property owner, regardless of his land share, has only one vote, whereas the immovable property owner who possesses more than one independent part has as many as the parts he possesses. Nevertheless, no matter how many independent parts one has, the maximum number of votes that an individual immovable property owner has, can not exceed one third of the total number of votes.(fractional numbers are not taken into account in the process of calculating votes) If there is more than one owners of an immovable property, only one of them is chosen as the representative of the others, upon presentation by a responsible person of the proxy  may  represent them in the board meeting.

The immovable property owner, who will be affected directly from the decisions taken, may attend the meeting; however, he can not take part in the voting. The representative owner does not have the right to vote for more than one-third of the total votes.

IV-DECISIONS:

ARTICLE 32-The main landed estate is governed with respect to the decisions taken by the immovable property owners as well as the contract signed by them, administration plan and the terms of the law.

The administrators, supervisors and all the immovable property owners as well as the people having a total or partial successive claim are legally obliged to comply with the decisions of the board of immovable property owners.

Any disagreement between the parties stated above is to be resolved by the board of immovable property owners. The disagreements covered are those arising from the way the main landed estate is used and the way it is governed. The decisions taken by the board of the immovable property owners are entered in order into  a book each page of which is approved by the notary seal. The decisions entered into the book are signed by the immovable property owners who have participated in the meeting. The owners who have voted against any of the decisions taken should state the reason for their objections and sign them. Any disagreement that takes place concerning any issue is resolved in accordance with the previously taken decisions to be noted down in the book.
App. 22, 23, 24

V- THE INTERVENTION OF THE JUDGE

ARTICLE 33-The immovable property owners who have had pecuniary damage due to one particular immovable property owner’s failure in paying for their total amount of debt, have the right to apply to the Court of Justice which is located in the area of the main landed estate. The aggrieved party; therefore, has the right to ask for the intervention of the judge. The judge, after listening to the both parties’ claims, makes an immediate judgement by which the enforcement is to be realized by determining and pronouncing the shortest time possible. The judge, making his judgement with respect to the law and the administration plan or the general equity terms, makes his notification as a pronouncment of his judgement to the party in question. People who fail to comply with the judges decision within the given period are sentenced to a pecuinary punishment of 100 to 2000 liras. As for this punishment practice, the terms of Article 25 are reserved.

D) THE ADMINISTRATOR

1)  APPOINTMENT OF AN ADMINISTRATOR

ARTICLE 34- The immovable property owners can appoint someone either among themselves or appoint someone else residing external to the particular main landed estate or to a board consisting of three members. In order for the main landed estate to be administrated, this person who governs the main landed estate is called the administrator. The board in question is referred to as the governing board/the board of administrators. If the main landed estate consists of eight or more than eight independent parts, the appointment of an administrator is a requirement. If all the parts of the main landed estate are owned by only one person, this owner is legally considered as the administrator. The administrator is appointed by unanimous votes of the immovable property owners. The administrator is appointed at the legal board meeting of the immovable property owners; the ex-administrator can be re-elected or re-appointed. If the immovable property owners cannot negotiate on the appointment of an administrator, nor can they negotiate on the administration of the main landed estate, an administrator is appointed by the Court  of Justice  in that location, upon the petitioning of one of the immovable property owners (and if possible, upon the hearing of the other immovable property owners’ statements). The administrator appointed in this way has the same authority and liability as the one appointed by the immovable property owners. The administrator appointed by the Court of Justice can not be replaced by the board of immovable property owners, before six months following the appointment date of the Court of Peace has elapsed. Nonetheless, in the circumstances of a rightful cause the court of justice which appointed the administrator can permit the immovable property owners to change the administrator in question. In the process of the appointment of an administrator, he may be required to submit a letter of guarantee or any other forms of guarantee. Even if there is no obligation as such which is indicated in the contract, the board of immovable property owners can ask the administrator to submit a guarantee in case of any occurrence of a rightful cause. It is obligatory that the administrator attach a piece of paper showing his name, surname, home and work address next to the main entrance gate of the main landed estate. Otherwise the administrator or each member of the board of immovable property owners will be charged a pecuniary penalty of 50 to 250 (YTL?) upon the application of the concerned immovable property owners.
App. 25

II – DUTIES AND PESPONSIBILITIES OF THE ADMININSTRATOR

  1. Overall Administrative tasks to be carried out

ARTICLE 35 – The duties of the administrators are indicated in the administration plan. Unless there is a term stated otherwise, the administrator deals with tasks stated below:

 

  1. Implementing the decisions taken by the board of immovable property owners.
  2. Taking the necessary precautions about the preservation, maintenance and repairs of the main landed estate, as well as ensuring the correct way in which the main landed estate is used.
  3. Insuring the main landed estate
  4. Raising advance payment from the immovable property owners for the sake of carrying out preservation, repairs, cleaning, lift and heating system costs and for the insurance of the main landed estate. In cases where this total amount of advance payment which has been raised within the first month of the year is used up, the administrator can raise an extra sum of money for the remaining expenses.
  5. Acceptance of all the payments concerning the administration of the main landed estate. Payment of debts arising from the administration of the main landed estate. Collecting the rent of all the independent parts unless another particular person is authorised by the owner of the independent part.
  6. Receiving and accepting all the written notifications concerning the main landed estate as a whole.
  7. Taking the necessary precautions for the sake of preventing the loss of a right due to the exceeding of a deadline which is directly relevant to the main landed estate.
  8. Taking the necessary precautions on behalf of the immovable property owners. Such precautions are mainly about the maintenance of the main landed estate and they are directly to the immovable property owners’ benefit.
  9. Bringing a law suit against immovable property owners who refrain from paying their debts or putting into practice files to be sent to the enforcement office. Registering the Legal Mortgage Right into the immovable property ownership register book.
  10. Opening a bank account by indicating his role as the administrator for the sake of depositing or withdrawing the sum of money raised from the owners of the independent parts.
  11. Arranging the annual meeting with the members of the board of immovable property owners.
  12. Book-keeping And Filing Documents

ARTICLE 36- The administrator is obliged to keep a note of all the decisions taken by the board, the summary and date of all the warnings and notifications made, and all the expenses on to the book as stated in Article 32 of the law. He should keep such records by their dates and file this book together with the documents of expenses. It is obligatory that this book be checked and approved by a notary following the end of each year (within a month). Administrators who fail to comply with the rules or terms indicated in this Article 36 are fined with respect to the penalties indicated in the last clause of Article 33.

 

  1. Designing The Management Project

ARTICLE 37- (Amendment of the date 13.04.1983- 2814/ Article 12)

In the absence of a management adminstrative plan which has been adopted by the board of immovable property owners, the administrators, without any delay, prepares one. In this administrative plan the following issues take place:

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