Petition for the Appointment of an Apartment Building Manager

TO THE DUTY CIVIL COURT OF PEACE

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

DEFENDANT:

1. Name and Surname
   Address
2. Name and Surname
   Address
   (All apartment owners except the plaintiff)

SUBJECT OF THE LAWSUIT:
The request is for the appointment of a manager because the homeowners' association was unable to elect one.

EXPLANATIONS:

1. The plaintiff is an independent unit owner among the co-owners of the property in question. During meetings held by the co-owners, a consensus could not be reached regarding the election of a manager, and therefore no manager was appointed.
2. The inability to appoint a manager is causing serious disruptions in important areas such as the maintenance of common areas, the collection of expenses, and the management of the main property. This situation reduces the value of the property and causes financial losses to the co-owners.
3. According to the established jurisprudence of the Court of Cassation, if a manager cannot be appointed by the homeowners' association, a manager may be appointed by the court upon the request of one of the homeowners (Decision of the 18th Civil Chamber of the Court of Cassation dated … and numbered …).
4. For the reasons explained above, it has become necessary to file this lawsuit requesting the appointment of a manager in order to resolve problems related to the management of the main property and to prevent potential damages.

EVIDENCE:

1. Land registry records
2. Meeting minutes
3. Witness statements
4. Supreme Court precedents
5. All kinds of legal evidence

WITNESSES:

1. Name and Surname
   Address
2. Name and Surname
   Address

LEGAL GROUNDS:
Articles 34/6, 33 of the Condominium Law and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons explained above;

1. The case is accepted,
2. I consent to the appointment of a manager from among the co-owners of the main property in which I am a shareholder, or, if this is not possible, to the appointment of a manager from outside the property
3. I respectfully request and demand that the court order the defendants to bear the court costs.

Date: …/…/…
Plaintiff's
Name and Surname
Signature