I will tell you about the owners meeting, but you should first be prepared for it before we go any further. In practice, the meeting is a sociology lab. It might be slightly exaggerated to say that an expat will enjoy an apartment owners meeting in İstanbul after seeing how harsh and cruel people can become if they are given one-twelfth of the power in a building. Although it is not impossible to get along with your neighbors well, most of the stories I have heard from people and small claims court files say there are only a few good neighborhood stories. This is the reality of our times. In the past, the neighborhood was something that ran well without any written rules. Traditions were strong and people used to be more respectful.As for the practical information, the meeting usually convenes in the flat of the building or complex manager. The manager is most probably already stressing out with their spouse because they are hosting too many people, some of whom the manager may have had a dispute. The meeting usually lasts several hours and those present are offered tea, coffee and food. I know some people who attend the meeting just to eat a bit of fine homemade börek. The meetings usually end up with trying to settle disputes such as one between two units that became enemies over water leaking from one to the other.
Legally speaking, an apartment owners meeting is the legal body of the building complex. In other words, the meeting makes a resolution about the maintenance and management of the building and decisions made during the meeting are written into the building’s resolution book as meeting minutes. The minutes include a summary of resolutions made during the meeting. These decisions usually empower the building director or manager, who is elected by the owners.
Now to answer a few questions I received. The first asks: “The other residents have chosen a manager for the management of the complex. How should the manager be appointed?” The appointment is usually made after a unanimous decision is reached that no one wants to be the building manager. In some complexes, the manager is given the benefit of being exempted from the management fee for his service and this is an incentive that drives people to become the manager.
Another question asks: “My service charge was doubled this month. How is the amount of the service charge calculated?” The amount is calculated during the meeting. The prospective budget of the building is submitted to the owners, who then accept and approve this budget. If circumstance change, such as new staff being employed or a major change being made to the ordinary course of complex activities, then it may be normal to double the fees.
And the last question for today asks, “Is the service charge payable by the owner of the apartment or by the tenant in the absence of a written agreement?” It depends on the agreement between the tenant and the landlord. The usual practice is that the maintenance fees are paid by the tenant while extraordinary expenses, such as major repair work on the roof, are taken care of by the landlord.
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.
