Elevator Subject
Article 35 d
Article 35 h
Responsibilities of the Building Manager
The building manager is responsible for ensuring the safe operation of the elevator in accordance with the regulations of this Directive. This includes conducting regular maintenance at least once a month to ensure the safety of the elevator and taking the necessary measures to prevent potential dangers arising from user errors or external interventions, both during the initial annual inspection at the end of the first year from the date the elevator was put into service and subsequently at least once a year.
During the warranty period, it is mandatory to have a monthly maintenance and service contract between the building manager and the company that installed or its authorized service. After the warranty period, the building manager is required to enter into a monthly maintenance and service contract with either the company that installed the elevator or its authorized service or another company installing a new elevator or its authorized service.
The maintenance log delivered by the elevator company is permanently kept in the machine room or, if available, by the building manager.
Maintenance companies will conduct elevator maintenance in compliance with this Directive. In case the elevator poses a risk to life and property, the maintenance company will inform the building manager in writing. After the notification, the building manager is responsible for ensuring that the elevator is brought into compliance. If the non-compliance is not rectified despite a written warning from the maintenance company, the responsibility will lie with the building manager.
After the annual inspection, if there is a risk to life and property in the operation of the elevator, it is not allowed to operate the elevator until safety is ensured. However, the building manager is responsible for the operation of the elevator even if it is operated after the annual inspection, provided that safety is ensured.
The building manager is responsible for monitoring the preparation of the annual inspection report.
Regulations for Apartment Management!
The regulations related to the management of buildings, also referred to as main real estate, are included in the "Fifth Section" of the Condominium Ownership Law. Here are the regulations for apartment management...
FIFTH SECTION Management of Main Real Estate
A) General Assembly: Article 27 - The main real estate is managed by the condominium owners' assembly, and the method of management is determined by this assembly, subject to the mandatory provisions of the laws.
B) Management Plan: Article 28 - The management plan regulates the management method, purpose and form of use, the fees to be paid to the manager and inspectors, and other matters related to management. The management plan is a contractual provision binding on all condominium owners. In cases where there is no provision in the management plan, disputes arising from the management of the main real estate are resolved in accordance with this law and general provisions.
(Amended: 13/4/1983 - 2814/11 md.) For the amendment of the management plan, the affirmative vote of four-fifths of all condominium owners is required. Condominium owners have the right to apply to the court according to Article 33. The management plan and any subsequent changes bind all condominium owners and their collective and individual successors, as well as managers and inspectors.
The date of the management plan and subsequent changes is shown in the declaration column of the condominium ownership register, and these changes are attached to the management plan and kept among the establishment documents of condominium ownership.
C) Condominium Owners' Assembly Meeting and Decisions: I - Meeting Time: Article 29 - The condominium owners' assembly meets at least once a year at the times indicated in the management plan, or if not specified, within the first month of each calendar year. (Additional clause: 14/11/2007-5711/14 md.) In collective buildings, the assemblies meet at least once every two years at the times indicated in the management plan, or if not specified, within the first month of the second calendar year. In case of an important reason, the condominium owners' assembly can be convened at any time upon the request of the manager, inspector, or one-third of the condominium owners, provided that a call or a registered letter indicating the reason for the meeting is sent to all condominium owners at least fifteen days before the meeting date.
During the first call, the time and place of the second meeting, if the quorum is not reached, are also specified. (Additional clause: 14/11/2007-5711/14 md.) The time between the first and second meetings cannot be less than seven days.
II - Quorum: Article 30 - The condominium owners' assembly is convened and decisions are made with the presence of more than half of the number and share of the condominium owners, and decisions are made by a simple majority vote. If the quorum cannot be reached for the first meeting due to insufficient attendance, the second meeting is held within fifteen days at the latest. The quorum for decision-making at this meeting is the simple majority of those present. The provisions laid out separately for quorum in this law are reserved.
III - Participation in Voting: Article 31 - Each condominium owner, regardless of the share, has one voting right. If a condominium owner has more than one independent section in the main real estate, they have a separate voting right for each independent section. However, regardless of the number of independent sections owned, the number of votes they have cannot exceed one-third of all votes when calculating the votes, without considering fractions.
If an independent section has more than one owner, one of them represents them in the condominium owners' assembly by appointing a proxy from among themselves. If one of the condominium owners is incompetent, their legal representative represents them.
A condominium owner directly affected by a matter can be present at discussions but cannot vote. (Amended last paragraph: 14/11/2007-5711/16 md.) One of the condominium owners can use their vote through an authorized representative. A person cannot appoint a representative to use more than five percent of the votes. However, in properties subject to forty or fewer condominiums, one person can represent at most two persons to use their votes.
IV - Decisions: Article 32 - The main real estate is managed by the decisions made by the condominium owners' assembly according to the contracts, management plan, and legal provisions. All condominium owners, their collective and individual successors, managers, and inspectors are obliged to comply with the decisions of the condominium owners' assembly.
Disputes arising among condominium owners or between them and the manager or inspector regarding the use or management of the main real estate are resolved and decided by the condominium owners' assembly.
The decisions of the condominium owners' assembly are written in a notarized register with page numbers starting from (1), and all condominium owners present at the meeting sign it. Those who vote against the decision sign, indicating the reason for their objection. If a dispute arises later about a matter, and a decision on that matter has already been made in the decision register, it is resolved based on that decision.
V - Intervention by the Judge: Article 33 - (Amended first paragraph: 14/11/2007-5711/17 md.) Any condominium owner who voted against the decisions made by the condominium owners' assembly can file a cancellation lawsuit in the peace court where the main real estate is located within one month from the date of the decision. If a condominium owner did not attend the meeting, they can file a lawsuit within one month from the date they learn about the decision, and in any case, within six months from the date of the decision; no time limit is required in cases where condominium owners' assembly decisions are void or null.
Condominium owners who are continuously and substantially damaged due to the failure of one of the condominium owners or someone benefiting from the property by virtue of a lease, right of residence, or any other reason to fulfill their debts and obligations may apply to the peace court where the main real estate is located and request the judge's intervention.
After listening to the parties, the judge immediately makes a decision based on this law, the management plan, and, if not covered by them, general provisions and principles of fairness. The judge notifies the concerned party of the necessity to comply with the decision within a short period to be determined.
(Amended third paragraph: 14/11/2007-5711/17 md.) Those who do not comply with the judge's decision within the determined period are subject to an administrative fine of two hundred fifty Turkish Liras to two thousand Turkish Liras, imposed by the same court. The provisions of Article 25 are reserved.
D) Manager: I - Appointment: Article 34 - Condominium owners can assign the management of the main real estate to one of themselves or to a person or a three-person committee selected from outside; this person is called the Manager, and the committee is called the Management Committee.
If the main real estate has eight or more independent sections, the appointment of a manager is mandatory. If all sections of the main real estate are owned by a single person, that person is legally considered the manager.
The manager is appointed by the majority of both number and share of condominium owners. The manager is reappointed every year at the legal annual meeting of the condominium owners; the former manager can be reappointed.
If the condominium owners cannot agree on the management or cannot convene to appoint a manager, the peace court where the real estate is located appoints a manager upon the application of one of the condominium owners and, if possible, after listening to the others. This appointed manager has the same powers as the one appointed by the condominium owners and is responsible to the condominium owners.
A manager appointed by the peace court cannot be changed by the condominium owners' assembly for six months from the appointment date. However, if there is a valid reason, the peace court that made the appointment may allow a change.4144 When appointing a manager, a contract may require them to provide collateral; even if there is no such requirement in the contract, the condominium owners' assembly may request the manager to provide collateral if a valid reason arises.
(Amended last paragraph: 14/11/2007-5711/18 md.) The name and surname of the manager, as well as their business and home address, must be displayed in a frame next to the door or at the entrance of the main real estate. If this is not done, the manager or each member of the management committee is subject to an administrative fine of fifty Turkish Liras to two hundred and fifty Turkish Liras, imposed by the same court.
II – Duties of the Manager:
III – Responsibility:
IV – Rights:
(Continued in the next response)
