What is a Management Plan? Its Binding Nature and Amendment Procedures

In a condominium property, the primary document that governs how the apartment building or residential complex is managed, as well as the rights and obligations of unit owners toward one another and the common areas, is called the Management Plan. Regulated under Article 28 of the Condominium Ownership Law (CML), this document is not merely a list of rules; it is a legally binding agreement that forms an integral part of the land registry and binds all condominium owners and their successors, including tenants and heirs.

Legal Nature of the Management Plan

The management plan serves as the “constitution” of the building. It is submitted to and registered with the land registry administration during the establishment of condominium ownership. Any person who acquires a property is deemed to have accepted the provisions of the management plan in advance.

For example, if the management plan contains provisions such as “independent units may not be used as offices” or “keeping pets is prohibited,” compliance with these rules is mandatory. Therefore, reviewing the management plan before acquiring a property is one of the most fundamental steps in understanding the limits and conditions of exercising ownership rights.

What Does a Management Plan Regulate?

Management plans are generally comprehensive and typically address the following matters:

• General Management Rules: Procedures for appointing the property manager and conducting audits.
• Use of Common Areas: Conditions and hours for using common facilities such as gardens, parking areas, swimming pools, and terraces.
• Contribution to Expenses: The calculation of maintenance fees and the applicable default interest or delay compensation for unpaid contributions.
• Restrictions: Limitations regarding the use of independent units.

Amendment of the Management Plan: Four-Fifths Majority Requirement

A management plan is not a static document; however, amending it is intentionally difficult. Pursuant to Article 28 of the CML, any amendment to the management plan requires the written approval of four-fifths (4/5) of all condominium owners.

This high voting threshold serves as a safeguard designed to prevent arbitrary amendments and protect the rights of minority owners.

If the management plan of a building is outdated or no longer responds to evolving needs—such as digital management systems or modern security technologies—achieving this required majority at the condominium owners’ assembly may require significant legal and organizational effort.

Violations of the Management Plan and Their Consequences

Where a condominium owner acts in violation of the management plan, other owners or the property manager may file a lawsuit seeking the prevention of interference or request the elimination of the violation under the Condominium Ownership Law.

For instance, if an owner constructs an unauthorized structure in a common area, a restoration action may be initiated based on the relevant provisions of the management plan.

The management plan transforms relationships among condominium owners from a sphere of personal conflict into a framework governed by legal rights and obligations. For this reason, the first point of reference in any condominium-related dispute is generally the building’s management plan.

Condominium Owners’ Assembly: Voting Requirements and Annulment Actions

The Condominium Owners’ Assembly is the highest decision-making body in condominium properties. Significant decisions affecting the future of a building or residential complex—including major expenditures, the appointment of managers, amendments to the management plan, and the initiation of legal proceedings—are made by this assembly.

However, assembly decisions are not always legally valid. Decisions may be adopted in violation of legal requirements or without the necessary quorum. Understanding the voting thresholds established under the Condominium Ownership Law and the legal remedies available against unlawful decisions is therefore essential.

Meeting and Voting Quorums

As a general rule, the Condominium Ownership Law requires that the assembly convene and adopt resolutions by a majority in both number of owners and land shares.

Certain important matters require a qualified majority:

• General Assembly Meetings: Generally require the participation of more than half of the condominium owners in terms of both number and land share.
• Major Decisions: Certain actions, such as alterations to common areas or modifications affecting the external appearance of the building, may require unanimous consent.
• Balance Between Number and Land Share: For a resolution to be valid, both the numerical majority and the majority of land shares must be satisfied. This rule protects owners of larger units, including commercial premises.

Annulment Actions Under Article 33 of the CML

If you believe that a decision adopted by the Condominium Owners’ Assembly violates the law or the management plan, you may file an annulment action before the Civil Court of Peace pursuant to Article 33 of the CML.

Two critical time limits apply:

• For Owners Attending the Meeting: Owners who attended the meeting, voted against the resolution, and recorded their objection in the minutes must file suit within one month.
• For Owners Absent from the Meeting: Owners who did not attend have six months from the date they became aware of the resolution.

After these periods expire, the decision can no longer be challenged, regardless of its unlawfulness.

Grounds for Annulment

Assembly decisions may be annulled on several grounds, including:

• Improper notice of the meeting.
• Failure to satisfy the required quorum.
• Violation of mandatory provisions of the Condominium Ownership Law or the management plan.

Foreign Owners and Representation Issues

Foreign property owners may encounter difficulties participating in assembly decisions due to representation requirements and power-of-attorney procedures.

Where a foreign owner does not have a representative in Türkiye, meeting notices must still be properly served. Decisions adopted at meetings where notice was improperly given may be subject to annulment with respect to that owner.

The Condominium Owners’ Assembly is the democratic governing body of the building. However, democracy in this context does not mean that the majority may act without legal limits. Any decision that exceeds those limits remains subject to judicial review.

Appointment of the Property Manager and Managerial Responsibilities

In condominium properties, many operational functions—including the daily administration of the building, maintenance and repair activities, and the collection of common expenses—are carried out by the property manager.

The manager acts as the executive body responsible for implementing the decisions of the Condominium Owners’ Assembly. This role carries substantial legal and financial responsibilities and is regulated under Articles 34 and following of the Condominium Ownership Law.

Appointment of a Manager: Professional Manager or Owner?

Condominium owners may appoint one of their own members as manager, or they may engage an external professional manager or management company.

Appointment Procedure

The manager is elected by a majority of condominium owners in terms of both number and land share. If no manager can be elected, the Civil Court of Peace may appoint one upon the application of any condominium owner.

Term of Office

Managers are generally elected for a one-year term unless the management plan provides otherwise.

Legal and Financial Responsibilities of the Manager

The manager acts similarly to an agent and is subject to the provisions governing agency relationships under the Turkish Code of Obligations.

Core responsibilities include:

• Preparing the annual operating budget.
• Collecting maintenance fees and pursuing unpaid contributions.
• Ensuring the maintenance and preservation of common areas.
• Keeping financial records, meeting minutes, and supporting documentation.

Compensation Claims Against the Manager

A manager who neglects duties, causes damage to the property, or acts contrary to assembly resolutions may be dismissed.

Furthermore, where losses arise due to the manager’s fault or negligence, condominium owners may seek compensation. For example, if the manager fails to insure the building and a fire subsequently causes damage, the manager may be held liable.

Disputes with Professional Management Companies

Professional management companies are increasingly common in large residential complexes.

Service agreements should clearly define:

• The scope of services.
• The limits of managerial authority.
• Termination procedures.

If a management company transfers maintenance fees into its own account instead of the designated management account or fails to provide transparent financial reporting, the Condominium Owners’ Assembly may terminate the contract.

The manager may be regarded as the captain of the building. However, if the captain departs from the course set by the owners or neglects the property, legal consequences may follow. The right of condominium owners to supervise the manager is one of the strongest protections afforded by the Condominium Ownership Law.

Participation Rights of Foreign Condominium Owners and Representation Procedures

For foreign investors who own real estate in Türkiye, meetings of the Condominium Owners’ Assembly represent the primary platform through which they can participate in the management of their properties.

Language barriers, physical absence from Türkiye, and procedural requirements relating to powers of attorney may complicate the exercise of these rights. Nevertheless, the Condominium Ownership Law guarantees foreign owners the same rights enjoyed by Turkish owners.

Right to Participate in Assembly Meetings

Under the Condominium Ownership Law, every condominium owner has the right to attend assembly meetings and vote. This right extends equally to foreign nationals.

Foreign owners may participate in decisions concerning maintenance fees, renovation projects, managerial appointments, and other matters affecting the future of the property.

Appointment of Representatives and Powers of Attorney

Since many foreign owners do not reside permanently in Türkiye, participation through a representative is common.

A foreign owner may:

• Grant a special power of attorney to a trusted individual or lawyer in Türkiye.
• Appoint another condominium owner or a third party to represent them at meetings.

Such powers of attorney should be notarized and, where executed abroad, duly apostilled.

Language Barriers and Service of Notices

One of the most common difficulties faced by foreign owners is receiving meeting notices only in Turkish.

Under the law, notices must be served either against signature or via registered mail. If the manager knows the foreign owner’s address but fails to provide proper notice, decisions adopted at that meeting may be challenged and annulled.

Protection of Voting Rights

A foreign owner who objects to a resolution should ensure that their dissent is recorded in the meeting minutes.

If represented by a proxy, the representative must formally record the objection. Doing so preserves the owner’s right to challenge the resolution within the statutory one-month period.

Foreign investors become members of a community when they purchase property in Türkiye. Active participation in management affairs not only protects their own investments but also contributes to preserving the value of the entire property.

Legal Remedies in Disputes with Site Management

Peaceful condominium living depends upon compliance with common rules and transparent management practices. In practice, however, disputes frequently arise regarding maintenance fees, the use of common areas, and managerial decisions.

The Condominium Ownership Law provides several legal remedies.

1. Annulment of Assembly Resolutions

Where management implements unlawful decisions or where procedural defects affect a meeting, condominium owners may file an annulment action before the Civil Court of Peace.

Such actions do not automatically suspend implementation; a separate injunction may be required.

2. Requesting Judicial Intervention (Article 33)

One of the most practical remedies is the right to request judicial intervention under Article 33 of the CML.

If the manager fails to perform duties or if a dispute concerning common areas remains unresolved, the court may order specific actions or prohibit certain conduct.

3. Discharge of the Manager and Audit Rights

Every condominium owner has the right to inspect management records.

Where financial irregularities are suspected, owners may oppose the discharge of the manager during assembly meetings. A manager who is not discharged may subsequently face legal and financial liability.

4. Mediation and Formal Notices

Many disputes can be resolved without litigation through mediation or formal legal notices.

Sending a legal notice through an attorney may prompt compliance and avoid costly court proceedings.

5. Removal of the Manager and Court Appointment

If management becomes dysfunctional, if no manager can be elected, or if the existing manager acts in bad faith, condominium owners may apply to the Civil Court of Peace to remove the manager and appoint a new one.

This represents the most comprehensive legal remedy available.

In conclusion, disputes with site management are resolved through the active assertion of legal rights. For foreign owners in particular, monitoring these processes is essential to protecting both the security of their investments and the long-term value of their properties.