It is the responsibility of the apartment manager to provide a peaceful and safe living space for the residents of an apartment in Antalya. However, in some cases, managers can abuse their duties, causing both material and moral damages. In this case, it is extremely important for the residents of the apartment to know their legal rights and take the necessary steps. In this article, we will discuss in detail the lawsuits that can be filed against the abuse of duty by the apartment manager in Antalya, the necessary evidence and the legal paths to be followed.
Cases of Abuse of Duties by the Apartment Manager
Abuse of duties by the apartment manager can occur in various ways. These include; irregular use of dues, non-transparent accounting transactions, making decisions beyond one’s authority, neglecting the maintenance and repair of common areas, arbitrary practices and discrimination. For example, the manager’s use of dues for personal needs, failure to maintain common areas or delaying repairs are concrete examples that cause the residents of the apartment to suffer. The manager’s making important decisions without the residents’ approval can also be considered abuse of office.
Illegal Use of Membership Fees and Non-Transparent Account Transactions
The apartment manager is responsible for using the fees only for the management and maintenance of the apartment. The expense items and details of the fees should be regularly presented to the residents. Non-transparent account transactions raise suspicions of irregular use of the fees and may lead to legal action. The failure of the manager to provide a detailed explanation of where and how the fees are spent is one of the evidence of abuse of office.
Neglecting Maintenance and Repair of Common Areas
It is a legal obligation for the apartment manager to clean, maintain and repair common areas on time and as required. Failure to fulfill this responsibility may endanger the safety and health of the apartment residents and may result in legal sanctions. For example, water leaks resulting from the failure to repair the roof or poor maintenance of fire escapes may be considered abuse of power by the manager.
Making Decisions Beyond Authority and Arbitrary Practices
The apartment manager must act in accordance with the decisions of the general assembly of the apartment residents. If the manager exceeds his/her authority and makes decisions on his/her own or engages in arbitrary practices, this may lead to legal problems. For example, making changes to common areas without a general assembly decision or giving a certain apartment resident privilege over others are examples of abuse of power.
Legal Remedies Against Apartment Manager in Antalya
In the event of abuse of power by the apartment manager, the residents of the apartment can take various legal action. These include; dismissing the manager by a general assembly decision, filing a compensation lawsuit, and filing a criminal lawsuit. A compensation lawsuit is filed to cover the material and moral damages caused by the manager. A criminal lawsuit is filed if the manager has committed a crime.
Dismissal of a Manager by a General Assembly Decision
If the majority of the apartment residents determine that the manager is abusing his/her duty, they can decide to dismiss the manager by holding a general assembly meeting. For this decision to be legally valid, a certain percentage of the apartment owners must participate and vote on the decision.
Filing a Compensation Lawsuit
Apartment residents can file a lawsuit for compensation for material and moral damages resulting from the abuse of office of the apartment manager. In this case, the fault of the manager and the damage caused must be proven. It is important to obtain legal advice during the process of calculating the damage and collecting evidence.
Filing a Criminal Case
In cases where the apartment manager's actions constitute a crime, residents may file a criminal lawsuit. For example, crimes such as embezzlement of dues or fraud may result in criminal cases.
Lawsuits filed against the abuse of office of an apartment manager in Antalya can involve complex legal processes. For this reason, it is extremely important for the victimized apartment residents to receive legal support from a lawyer who is knowledgeable about the subject. Collecting the right evidence and conducting the legal processes correctly are critical for a positive outcome of the cases. In order to prevent the prolongation of the legal processes and unnecessary expenses, getting support from an expert lawyer will be the most accurate and effective solution.