Conditions for Acceptance of Management Plan Changes at the Condominium Owners’ Assembly in Antalya

Management plans, which form the foundation of peace and order in apartment buildings, complexes, or mass housing, may occasionally require updating to meet changing needs or emergencies. Especially in a rapidly developing and dynamic city like Antalya, the diversity of structures and lifestyles makes flexibility and up-to-dateness of management plans even more crucial. However, making these changes legally is crucial to avoiding potential disputes. This article will discuss how a management plan can be amended within the framework of the Condominium Ownership Law, the conditions under which it will be approved by the Condominium Owners’ Board, and the legal details to consider during this process.

What is a Management Plan and Why Change It?

Pursuant to Article 28 of the Condominium Ownership Law, the management plan is a contract binding on all condominium owners, outlining the management style of the main property, its intended use and method, the duties, powers, and responsibilities of managers and supervisors, and the debts and obligations of the condominium owners. This plan, registered with the land registry, is like the constitution of the main property and is binding on all condominium owners and their full and partial successors.

Over time, a building’s management plan may need to be modified. These changes can arise for a variety of reasons:

* New Needs and Conditions: Physical changes such as the aging of the building, the addition of new common areas, the updating of security systems, or changes in the demographic structure of the residents may necessitate new regulations.
* Legal Changes: Changes to the Condominium Law or related legislation may cause the current management plan to become outdated.
* Implementation Problems: Problems or uncertainties in the implementation of some provisions of the current management plan may reveal the need for change.
* Dispute Resolution: Disputes arising between property owners due to the provisions of the existing management plan may require the reorganization of the plan.
* Evolving Technology: Technological developments such as smart building systems and energy efficiency applications may require new rules to be included in the management plan.

In these and similar cases, it is essential that the management plan be changed in accordance with legal procedures in order to remain up-to-date and functional.

Legal Framework for Management Plan Change: Condominium Law

Amending the management plan requires a specific procedure and a majority vote in Article 28 of the Condominium Ownership Law (KMK). Because the management plan plays a central role in the management of the main property and directly affects the rights of all property owners, the legislature aimed to prevent such an amendment from being made as a simple decision.

According to Article 28 of the Civil Procedure Code (KMK): “A four-fifths vote of all apartment owners is required for any change to the management plan.” This provision requires a very high majority to amend the management plan, ensuring that changes are made with broad consensus. This ratio is not only a numerical majority but also serves to protect the property rights of apartment owners. Any change to the management plan can have direct impacts on a wide range of issues, from how apartment owners use common living spaces to their participation in expenses. Therefore, the legislator sought the consent of a significant portion of apartment owners on such an important issue.

Meeting of the Condominium Owners’ Council and Decision-Making Process

In order to make an important decision such as a change in the management plan, the Condominium Owners’ Board must first meet properly and follow a specific decision-making process.

Procedure for the Meeting of the Condominium Owners’ Council

The Condominium Owners’ Board consists of all the owners of independent units within the main property. The Board meets at least once a year. For extraordinary matters, such as changes to the management plan, an extraordinary meeting may be called upon the request of the manager, auditor, or one-third of the condominium owners.

The meeting invitation must be delivered to all property owners by registered mail or by hand with a signature. The invitation must clearly state the meeting location, date, time, and agenda items. Especially for sensitive matters such as a management plan amendment, including details of the amendment or a copy of the proposed amendment in the invitation will ensure that property owners are prepared and foster a healthy discussion environment. If a quorum is not achieved at the first meeting, the location and time of the second meeting should also be specified in the invitation.

Things to Consider in the Decision-Making Process

At the Home Owners’ Board meeting, agenda items are discussed in order. The proposed management plan amendment is presented to all home owners for discussion and a vote. Key points to consider during this process include:

* Prohibition on Off-Agenda Decisions: No decisions can be made on a matter not included on the meeting agenda. The management plan amendment item must be clearly stated on the agenda.
* Transparency: All details of the proposed change must be clearly explained to the property owners, and they must be informed about their possible effects.
* Decision Book: All decisions must be recorded clearly and completely in the decision book, which is maintained in accordance with the Condominium Ownership Law. The date of the decision, the names of those present, the distribution of votes (yes/no/abstain), and the full text of the decision must be recorded in the book. Notarization and proper maintenance of the decision book are crucial in any future legal disputes.
* Signatures: The signatures of all the flat owners attending the meeting must be obtained under the decisions written in the decision book.

Vote Required for Management Plan Change: Five/Four Majority

The requirement of “a four-fifths vote of all property owners,” as stipulated in Article 28 of the Condominium Law, is the most important characteristic distinguishing a management plan amendment from other extraordinary decisions. This majority is higher than the general majority (simple majority) required for decisions to be made by the Condominium Owners’ Board, and even higher than the land share and numerical majority required for important matters.

This ratio is calculated based on the number of independent units. For example, if the main property has 20 independent units, at least 16 unit owners (20 x 4/5 = 16) must vote in favor of amending the management plan. The number of unit owners, not the land share ratio, is the basis for this. Even if an owner has multiple independent units, they only have one vote. However, if an owner has multiple independent units, they can elect one of their own as their representative and cast a single vote.

This supermajority requirement aims to ensure stability in the management of the main property and protect the rights of minority property owners by preventing frequent and easy changes to the management plan. If this majority is not achieved, changes to the management plan cannot be made, and the old plan remains in effect.

Registration of the Change in the Land Registry and its Legal Consequences

The management plan amendment, duly approved by the Condominium Owners’ Assembly by a four-fifths majority, is not yet fully legally enforceable. For the amendment to be effective against third parties and for the new management plan to be binding, it must be registered with the land registry.

The change decision is submitted to the Land Registry by the manager or the relevant unit owner. The Land Registry examines the submitted copy of the decision book and other documents and records the change in the declarations section of the main property’s condominium registry. Once this registration is complete, the new management plan becomes binding on all current and future unit owners, as well as their full and partial successors. A management plan change that is not registered with the land registry may only be valid within the internal relations of the unit owners who accept the change, but it is not binding on third parties or the new owners.

Case for Cancellation of Management Plan Change Decision

A management plan change decision made by the Condominium Owners’ Board may be subject to an annulment lawsuit on the grounds that it violates the law or the management plan. This lawsuit is filed with the Civil Court of Peace by the condominium owner seeking annulment, in accordance with Article 33 of the Condominium Ownership Law.

The time limit for filing a lawsuit is quite short:
* For the property owners who attended the meeting and are against the decision, within one month from the date on which the decision is learned.
* For apartment owners who did not attend the meeting, within one month from the date they learned of the decision, and in any case, within six months from the date the decision was made.

These periods are statute of limitations, and if they are exceeded, the right to file a lawsuit is lost. An annulment action is generally brought on the grounds of procedural deficiencies in the decision (e.g., failure to comply with the summons procedure, a decision made off-agenda, failure to meet the required quorum) or the content of the decision being contrary to the law, good faith principles, or the fundamental rights of the property owners.

In management plan change processes in Antalya, especially when it comes to large sites and mass buildings, obtaining legal advice is of great importance both to ensure that the process is carried out properly and to prevent possible cancellation lawsuits.

Management Plan Change Processes and Local Dynamics Specific to Antalya

Antalya is a city distinguished by its dynamism in the tourism and housing sectors. Residential buildings in the city encompass a wide spectrum, from apartment buildings to luxury complexes, from summer residences to permanent residences. This diversity can lead to some special circumstances during management plan amendments:

* Seasonal Population Changes: In summer resorts or tourist sites, a significant portion of property owners reside during certain periods of the year, so ensuring adequate attendance at Property Owners’ Board meetings can be challenging. This increases the importance of proxy representation or electronic participation.
* Foreign Property Owners: The large number of foreign property owners in Antalya may require additional sensitivity in communication and legal information. It is important that calls and decisions are presented in understandable language.
* Large-Scale Sites: In large sites with numerous independent units, achieving a four-fifths majority requires greater organizational and consensus efforts. In such structures, a detailed and comprehensive management plan can minimize the need for future changes.

In such complex processes in Antalya, getting support from a lawyer who is familiar with local legislation and judicial practices is a critical step in completing the process quickly, accurately and legally.

A management plan amendment is a significant legal process that directly impacts the long-term quality of life and order of a building. The four-fifths majority requirement stipulated by the Condominium Ownership Law ensures that this decision is reached with broad consensus, while proper meeting, decision-making, and registration processes form the basis of legal validity. In Antalya or elsewhere, it is in the best interest of condominium owners to seek professional support from a specialized law firm to avoid potential disputes and loss of rights during such sensitive legal processes.