Apartment Management and Condominium Law
Apartment management in Turkey is carried out under the Condominium Law No. 634. This law regulates how the owners of independent units in a building use, manage and administer the common areas.
The apartment manager is the person elected or appointed within the scope of this law and is the common representative of all apartment owners. In cities like Antalya, where multi-storey housing projects and sites are dense, the manager's scope of duty expands even further.
How to Choose an Apartment Manager in Antalya?
The apartment manager is appointed by a decision made by the condominium owners' council . The selection process generally works as follows:
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The flat owners are invited to a meeting and the election of a manager is put on the agenda.
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A director is elected by a vote of more than half of the meeting participants.
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The decision book prepared after the election is signed and the manager is given authority.
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Some apartments in Antalya prefer to contract with professional management companies for this task.
The term of office is usually 1 year, with the right to be re-elected.
Basic Legal Duties of the Apartment Manager
1. Maintenance and Repair of Common Areas
The manager is responsible for the regular maintenance of the common areas of the building such as the elevator, stairs, roof, and plumbing. In Antalya's humid and hot climate, regular control of the building's exterior and water installations is of great importance.
2. Collection of Membership Fees and Budget Management
It is the responsibility of the manager to collect monthly dues from the property owners and spend these dues in line with the building's needs. Expenditures must be documented with a ledger and invoices.
3. Insurance and Official Obligations
The manager is responsible for insuring the apartment, monitoring tax liabilities, and handling transactions with the municipality and official institutions.
4. Tax and Accounting Responsibility
If the apartment employs more than one employee (e.g. doorman, security), the manager must make SSI declarations for these people and keep proper income and expense records.
Responsibility of the Manager to the Flat Owners
The apartment manager has the following responsibilities towards all owners:
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Obligation to Give Accounts: It is obligatory to present a statement of accounts at the end of the year and to give account to the auditor or audit board if requested.
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Transparent Management: Decisions made, expenditures and work done must always be open to the scrutiny of the owners.
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Abuse of Office: Spending money outside of authority, taking action without departmental decisions, or seeking personal benefit increases the liability of the manager.
Legal Liability of the Manager to Third Parties
The apartment manager may be liable not only to the flat owners but also to third parties:
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Injured Resident or Guest: If the manager is negligent in the event of an accident in the apartment (e.g. slipping and falling on the stairs), liability for compensation may arise.
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Liability to Public Institutions: If the required notifications to the Tax Office, Social Security Institution and Municipality are not made, the fine may also be reflected on the manager.
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Authorized Representative in Contracts: The person who makes contracts on behalf of the apartment for works such as cleaning, maintenance and repair is the manager; he/she is also responsible.
The Most Common Management Disputes in Antalya
The most common problems experienced in apartments in Antalya are:
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Inability to Collect Dues: Especially in apartments with seasonal tenants, dues payments are delayed, shaking the management budget.
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Unauthorized Expenditures: If the manager makes large-scale expenditures without the approval of the property owners, he or she may be subject to litigation.
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Failure to Account: If expenditure documentation is not kept or submitted, trust issues arise and dismissal is possible.
Dismissal of a Director and Liability Cases
A manager can be removed from office by a simple majority decision of the condominium owners' council . In addition, legal proceedings can be initiated in the following cases:
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Compensation Lawsuit: A manager who neglects or abuses his/her duties may face compensation lawsuits from the owners.
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Criminal Liability: In cases where crimes such as document forgery or embezzlement are committed, a criminal complaint can be filed with the prosecutor's office.
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Dismissal by Court Decision: The court may terminate the office of the manager if there is a serious violation of rights.
Tips to Reduce the Responsibilities of the Apartment Manager
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Keep Regular Books: Documents such as the decision book, income-expense book, and meeting minutes should be complete.
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Archive Documents: All invoices, bank statements, and signed documents should be kept.
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Meetings Should Be Held Regularly: An ordinary meeting should be held at least once a year and decisions should be signed.
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Professional Management Support: Working with expert companies, especially on large sites, reduces responsibility.
Frequently Asked Questions
What happens if the manager does not pay dues?
→ Like every property owner, the manager must also pay dues. If he does not pay, enforcement proceedings may be initiated against him.
Can we file a lawsuit against the manager?
→ Yes. You can file a lawsuit for compensation or dismissal against managers who abuse their authority.
Is the manager responsible for a common area accident?
→ Yes. If damage occurs due to negligence in maintenance, the manager may be held liable.
How long is the management term?
→ It is usually 1 year, but flat owners can choose to have it indefinitely. It is recommended to renew it every year.
Does the manager have signing authority?
→ Yes. If given by the condominium owners' council, the bank can sign the contract and official documents.
Can the administrator be appointed from outside the site?
→ Yes. An external person or a company can also be appointed as a professional manager.