There is a problem of “temporary management”, which has been established with the authority given to companies that have done construction with the legal amendment in 2017, especially in the huge construction sites in the big cities of Istanbul, Ankara and Izmir.
The article by Oya Armutçu from Hürriyet on the subject is as follows:
First, the sample question from our two Ankara readers that sums up this problem:
Okur DHH: There is a “temporary administration” on our site. Their dues are exorbitant. The Management does not convene the General Assembly although its mandate has ended. They do not hand over their title deeds to the owners even if they have paid their debts, so that they cannot vote at the General Assembly and the management does not change. They vote on their behalf. How to get rid of this “temporary administration” which is a problem for our site?
Okur PE: The “temporary administration” on the site did not call the GK to a meeting to win re-election and stay in the administration. He put forward a lot of difficulty by claiming that those who would attend the meeting by proxy should give their power of attorney from a notary public. Despite this, we held the General Assembly. First, the block representative was elected, then we elected the people we wanted to the new board of directors and auditors, with the elections held in the council of representatives of the collective building. Despite this, the old administration says “We are the legal administrator” and does not want to hand over the administration. They did not give their book records and bank accounts. There has been administrative chaos and a double cap on our site. How to get out of this situation ?
THEY EVEN USE brute force
I asked lawyer Mustafa Şeref Kısacık how to solve this problem. The answers are summarized as follows:
“These problems are more frequent in sites with a large number of social facilities, number of staff and budget, temporary administrations or elected officials do everything to keep power/administrative headquarters, and sometimes even resort to brute force. Our Land Ownership Act (KMK) was published in the Official Gazette on July 2, 1965 and entered into force. When KMK came out, there were low-rise apartments, mostly 8-10 apartments. Over time, sites with 3-4 blocks were built. Subsequently, huge sites were built on multiple plots, including workplaces. The provisions of the KMK could not be applied to sites located in more than one plot. Existing KMK provisions were insufficient in estates established on a single parcel where KMK was applied. For these reasons, the legislator added continuation articles and special provisions regarding collective structures to Article 66 of the KMK with Law No. 5711 of November 14, 2007. It also made changes to other articles. During this regulation, a “temporary management” regulation was introduced with Article 73 of the KMK, and temporary management authority was given to construction companies.
Abused
In large complexes, it sometimes happens that the constructions are not completed at the same time, that all the apartments/offices are not sold at the same time and that everyone does not start living at the same time. In the meantime, in order to avoid a management vacuum, the producing companies were given the power to manage the site without collecting the GK and making an election. Under this power of temporary management granted to the contractors by § 73 of the KMK, the managers appointed as the temporary board of directors do not only exercise their power of management. They also use the powers of the General Assembly. There is no body such as an auditor. In other words; The general meeting, the manager and the auditor are themselves. Owners of title deeds don’t have the right to choose, they don’t have the right to be elected, they don’t have the right to audit. The provisional administrators, who abuse the authority of provisional administration provided in good faith, do not do so when they have to convene the General Assembly as soon as possible.
HOW MOST CAN WORK?
He can work for a maximum of 10 years from the date of obtaining the first building permit. However, even if the 10-year period does not expire after the collective structure is fully realized, they can manage 1 more year at most. Let’s explain this with an example. If the first building permit was obtained on June 13, 2012, he can manage the site until June 13, 2022 at the most. However, if the construction is complete and the certificate of use of the building is taken, say, on May 13, 2017, it cannot say that I am 10 years old. From May 13, 2017, he will be able to manage the site for a maximum of 1 additional year, until June 13, 2017.
WHAT CAN BE DONE IF THE GENERAL ASSEMBLY CANNOT MEET
It is not mandatory to wait for these specified times. When life starts on the site and the owners organize themselves and say “We want to manage our site ourselves”, the AG must meet immediately and the Board of Directors (YK) and the Supervisory Board (DK ) must be elected, and the management must pass to the owners The “provisional management” does not convene the General Assembly, its management Otherwise, the owners must go to court and request that a manager be appointed on the site to convene the General Assembly or that the authority to convene the General Assembly is entrusted to them.
CAUTION DURING THE CHANGE OF TEMPORARY ADMINISTRATION
There are two views on this. Since the “temporary management” authority is given by YP, GK can summon with the number that will change the FC, i.e. at the request of the owner of the 4/5 floor, and again only with these 4/5 votes. According to the second opinion; According to Article 29 of the KMK, an extraordinary GK can be convened with the agenda for the dismissal of the temporary administration and the election of new YK and DK at the request of the owner of the 1/3 floor. The management can be changed with the majority of the number of owners and the share of land.
THEY VOTING TOO MUCH FOR EMPTY APARTMENTS
YOU don’t even know if the participants in the General Assembly are the real owners or their proxies, and if the signatures on the proxies belong to the real owners. When the General Assembly elects the people it proposes to the Presidential Council, the GK takes place entirely under its control. You cannot compete on equal terms. Although there is no such regulation in the law, there are even those who say that the power of attorney must be from a notary public. No matter how many independent sections they have in the election of managers and auditors, they always vote 50 if they have 50 independent sections because they still don’t sell it, or because they don’t don’t give title to the right owner even though they sold it. Other owners think it’s normal because they don’t know the law. Or the owners fail to convince the board members of GK. No matter how many independent divisions they have, they can’t get them to cast a single vote. A great injustice is being committed.
THEY DON’T EVEN GIVE AN ACT
By delaying the issuance of the deed for various excuses even though they have deeded the apartments, they are usurping your right to vote as they appear to be the owner of the deed, and they are voting themselves. If most of the owners do not reside in the estate, if they are out of province or abroad, it is very difficult for you to reach these owners and obtain a power of attorney. You don’t even know who the owners are, you can’t access their contact details. As the producing company recognizes them, it collects power of attorney, thus increasing the number of votes. In the same way, they take a proxy from those who cannot come to the meeting that day. Indeed, they take power of attorney by abusing their management duties, by circulating the site manager and/or the employees from door to door, and by convincing the owners. Thus, they offer numerical superiority. They gain physical and psychological superiority in the hall by taking site employees into the General Assembly hall as proxies and not showing the list of attendees – proxies to anyone other than the people they designate .
WHAT TO DO
With recent changes to the COOPERATIVES law, cooperative members can now find out who other members are. They can obtain the list of partners from the archives of the relevant ministry. Such an opportunity can also be brought to the owners of the sites. Applicants should contact the Land Registry Office to find out who their site owners are and get the list. In addition, as has been the practice in cooperatives for years, representatives of the ministry can be appointed to general meetings (GA). The representative(s) of the Ministry come to the GA obtaining the latest list of owners in the title deed, and can check whether the list of attendants established by the administration of the estate is exactly the same as the real ones. owners in title deed and agents. He can supervise the taking of the measures necessary for the smooth running of the GA both before and during the General Assembly. He can ensure that the GA report is kept correctly, including dissenting opinions. Thus, the problems created by those who cannot accept the new administration, who do not want to hand over the administration, who do not hand over their documents and their books to the new administration, come to an end. The minutes of the GA drawn up in the presence of public officials are considered valid both in administrative and judicial bodies. In this council, organized in a transparent and equitable manner, the “provisional administration” can be modified. For this, it is imperative that legal provisions be taken as soon as possible to prevent landlords and tenants from being victims of malicious people. We call parliament to duty.