I’ll instead address apartment owner meetings, which is anything but a relaxing topic. We don’t have any relaxing topics in the legal world -- at least none that I know of. We only have less disturbing topics, and this is one of them.Living in an apartment complex is absolutely something. However, the level of difficulty is not comparable to “running” a marriage, but still deserves special attention.
I remember a quote, but not who said it. It says: “All holy books advise getting along with neighbors and making peace with enemies. This may be because they are more often than not the same person.” In Turkish tradition, we are supposed to show great respect to our neighbors. Even in big cities, neighbors who cook unusual and nice dishes serve sample plates of the dish to their neighbors.
As a universal rule, we have to seriously respect others’ privacy and freedom. Thankfully, this matter is usually regulated by law in detail.
However, things do not always run as smoothly as they should. An e-mail from a reader reads as follows: “Hello Berk. I would like to ask some questions regarding service charges on apartments. I rented an apartment in a block of 48 apartments. The other residents have chosen a manager to manage the complex. This month my service charge was doubled. How is the amount of the service charge calculated? Is the service charge payable by the owner of the apartment or by the tenant in the absence of a written agreement? Do I have the right to see the accounts? How should the manager be appointed? Thanks.”
Two matters must be considered here. The first is the administration plan of the building while the second is the property owners meeting.
An apartment complex needs to have an administration plan. An apartment administration plan is a set of rules which governs and regulates the management of the complex, the relationship between tenants and landlords/owners who are living in a complex or holding the title deed of a property in a building. The administration plan mainly targets regulating management matters, such as cleaning and heating, the use of common areas and elevator speed as well as financial matters such as who will pay how much for the maintenance of the building. Property rules, including all details such as having pets, water usage, waste management, etc., are to be written out and every page must be signed by all owners or their representatives. The rules must have a start date. This is usually done when the complex is first occupied after construction.
These rules essentially govern all aspects of life in the building. They are like a constitution of a company. The administration plan must of course be in compliance with laws applicable to the property.
I will write about the apartment owners meeting on Wednesday and respond to any specific questions regarding this topic.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
