TIMESHARE AGREEMENT

I. General Provisions

Article 1 - This agreement concerns the establishment of a timeshare right for the joint ownership of a property located in …… Province, …… District, …… Neighborhood, with parcel number ………, on a building with a surface area of ​​… m² suitable for residential use, in accordance with Article 57 and subsequent provisions of the Condominium Law, allowing the parties to use the property for specific periods of the year based on their shared ownership .

Article 2 - Timeshare rights are in the nature of a share-based easement right and can be transferred to others or inherited. The rights holder may lease this right or allow its use to third parties. However, in case of transfer or inheritance, the new owner must be notified to the administrator.

📌 Supreme Court 14th Civil Chamber, Case No. 2016/2456, Decision No. 2018/3121: Timeshare rights are a real right, which arises upon registration in the land registry and is transferred through inheritance.

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Period II

Article 3 - Each timeshare period cannot be less than 15 days. The duration of the periods and the usage rates are determined by the parties and registered in the land registry with an official deed.

Article 4 - … months of each year are reserved for major repairs. Timeshare owners do not have usage rights during this period.

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III. Method of Use

Article 5 - Timeshare owners may use the common areas and facilities for the duration of their allocated time period.

Article 6 - Timeshare owners are obliged to use common areas and fixtures with care. Immoral use and behavior that disturbs others are prohibited.

Article 7 - Keeping pets in common areas is prohibited, as is keeping explosive or foul-smelling substances.

📌 Supreme Court 18th Civil Chamber, Case No. 2014/2315 E., Decision No. 2015/4676 K.: Timeshare owners are under a duty of care when using common areas and are jointly and severally liable for damages caused by misuse.

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IV. Administration

Article 8 - The real estate subject to timeshare ownership is managed by the timeshare owners' board. The board meets at least once a year, and extraordinary meetings are held when necessary.

Article 9 - Decisions are taken by majority vote. Each term grants one vote. The number of votes a person may have, directly or by proxy, cannot exceed one-third of the total votes.

Article 10 - The manager and auditor are elected by the board. Articles 34-41 of the Condominium Law shall apply by analogy.

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V. Major Repair Period

Article 11 - During major repair periods, facility management may rent out the vacant days. The income from these rentals will be offset against common expenses.

Article 12 - All major repair and maintenance costs shall be borne by the timeshare owners in proportion to their land share.

📌 Supreme Court 18th Civil Chamber, Case No. 2013/6541, Decision No. 2014/9282: Timeshare owners are responsible for maintenance and repair costs in proportion to their land share, even if they do not actually use the property.

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VI. Dispute Resolution

Article 13 - In disputes arising from timeshare contracts, the provisions of the Condominium Law and the Turkish Civil Code shall apply. The competent court is the court of the place where the property is located.

                                                                                    YAĞMUR YORULMAZ, LAW FACULTY STUDENT