"Bringing the Apartment Management Plan into Compliance with the Law"

PETITION REQUESTING AMENDMENTS TO THE APARTMENT BUILDING MANAGEMENT PLAN

TO THE DUTY CIVIL COURT OF PEACE
………….

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

DEFENDANTS:
1- Name and Surname – Address
2- Name and Surname – Address
3- Name and Surname – Address

SUBJECT:
Our request is for the annulment of Article 15 of the management plan, which is contrary to the Condominium Law, and for its legally compliant revision.

EXPLANATIONS:

1. My client is the owner of a unit in the building located at ... Street, No. ..., ... District, ... Neighborhood, ... Province , and the said property ... Province, ... District, ... Block, ... Parcel, ... Map Sheet . The apartment management is operating based on a management plan that was created in violation of the provisions of the Condominium Law.

2. Article 15 of the management plan states that "The board of apartment owners convenes upon the request of half of the apartment owners." However, Article 30 of Law No. 634 on Apartment Ownership contains clear provisions regarding the calling of meetings of the board of apartment owners and the quorum for decision-making, and management plans cannot contain provisions that contradict the law.

3. According to Article 30 of the Condominium Law , the board of condominium owners convenes with the participation of more than half of the owners in terms of number and land share, and decisions are made by majority vote. The current provision in the management plan contradicts the law regarding the quorum for calling meetings and making decisions.

4. My client brought this necessary amendment to the management plan to the attention of the homeowners' association , but the proposal was rejected due to the majority's lack of knowledge on the subject. This constitutes an abuse of rights and has caused hardship for my client

5. In its decision dated December 9, 2002, numbered 2002/8352 E., 2002/8834 K., the 18th Civil Chamber of the Supreme Court of emphasized that if the provisions in the management plan contradict the Condominium Law, they must be corrected by a court decision. Similarly, in its decision dated April 11, 2018, numbered 2017/1395 E., 2018/2197 K., the 20th Civil Chamber of the Supreme Court of Appeals established a precedent stating that "If the provisions of the management plan conflict with the provisions of the law, they are invalid and must be annulled."

6. For all these reasons, we have been compelled to file this lawsuit to have Article 15 of the management plan annulled and revised in accordance with the Condominium Law

EVIDENCE:

1. Land registry records,

2. Example of a management plan

3. The minutes book of the homeowners' association meeting,

4. Witness statements,

5. Examples of Supreme Court rulings and other legal evidence.

LEGAL GROUNDS:

Articles 28, 30, 33 of Law No. 634 on Condominium Ownership and other relevant legislation.

CONCLUSION AND REQUEST:

For the reasons stated above;

• The annulment of Article 15 of the management plan, which is contrary to the Condominium Law

• The management plan should be amended to state: "The board of apartment owners convenes with a quorum of more than half of the apartment owners in terms of number and land share, and decisions are made by majority vote."

• The court costs and attorney fees shall be borne by the defendants

I respectfully request and demand that a decision be made. …/…/…

Plaintiff's
Name and Surname
Signature

                                                                               YAĞMUR YORULMAZ, LAW FACULTY STUDENT