Annual General meeting
The flat ownership act Article 29 stipulates that the flat owners’ annual general meeting be held at least once a year. This is the minimum requirement by law however flat owners may conduct the meeting at any time when they consider to take a decision for the building management. The timing of the flat owners’ annual general meeting is to be held according to the maintenance plan. If this is not shown in the maintenance plan, then the meeting should be held within the first month of every calendar year.
In the case of the flat owners’ annual general meeting convening when it is deemed to be necessary by flat owners at any time, the invitation is made by manager of the building or statutory auditor, the person who audits and inspects the performance of the management of the building, or one-third of the flat owners can call flat owners together for a meeting. The invitation should be issued properly with signed receipts and at least 15 days prior to the date of the meeting. During the first call, a second meeting be made where and on what date is specified if the first meeting is not possible to gather due to the lack of quorum number. The second meeting must be held no later than one week following the first flat owners' meeting. In such case, the attending flat owners shall make a decision according to the majority of the votes of those attending the meeting.
The quorum numbers
According to Article 30 of the Flat Ownership Act, The Board of property owners gathers with the number of the half of owners in terms of the numbers of flat owners and their ownership of the units in the building. Resolutions during this meeting are decided on by a majority of votes.
In the event that the meeting cannot be convened due to the lack of a quorum number, then a flat owners' meeting must be called again no later than one week following the first flat owners' meeting. In such case, flat owners shall make a decision according to the majority of the votes of those attending the meeting.
If the quorum and resolutions requirements are met then this is a legitimate meeting. If not, this is not legitimate and it cannot be considered valid. If you are claiming that meeting is an invalid, then you may bring the matter before a local court with jurisdiction over the property.
The decision book
The decisions of the board are written to a book which the page numbers are in order from one and bearing the notary seal on each pages and singed by owners attended to that meeting. Those who voted against the decision put signature stating the reason for this conflict.
Foreclosure time for the legal action
Against the decisions of the board of property owners, owners who participated in the meeting but in accordance with the provisions of Article 32 voted against the decision can apply to the local magistrates' court with in a month from the date of the decision. For those who did not participate in the meeting, the month duration commences from the date they learn about the decision. In both cases the owners must apply the court within the six months from the date of the decision; however if the meeting is deemed null or void, there would not be ay time limit for the legal action.
Would this Turkish expression be appropriate to be the last sentence here? “ do not buy a house, buy a neighbor!”
