GENERAL PROVISIONS

CHAPTER ONE

A) CONDOMINIUM OWNERSHIP AND CONSTRUCTION EASEMENT

I - GENERAL RULE:

Article 1 – Independent ownership rights may be established, in accordance with the provisions of this law, by the owner or co-owners of a property over units of a completed building such as floors, apartments, offices, shops, stores, cellars, or warehouses, provided that these units are separately and independently usable.

Easement rights may be established, in accordance with the provisions of this law, by the landowner or co-owners of the land on sections of a building that is under construction or to be constructed in the future, and that qualify under the first paragraph, as a basis for future condominium ownership once the building is completed.

II - DEFINITIONS:

Article 2 – Under this law:

a) The entirety of the real estate subject to condominium ownership is referred to as the "Main Property"; the main structural part is called the "Main Building"; the independently usable units of the main property that are subject to individual ownership in accordance with this law are "Independent Units"; areas designated for the exclusive use of a specific independent unit are called "Attachments"; the ownership right established over independent units is "Condominium Ownership"; and the individuals holding these rights are "Condominium Owners".

b) Areas of the main property that are outside the independent units and designated for protection, common use or benefit are "Common Areas"; and the right to use these areas, in which the condominium owners are co-owners, is the "Right of Use".

c) (Amended: 13/4/1983 - Article 2814/1) Easement rights established in accordance with this Law by the landowner or co-owners of the land for the independent units of one or more buildings to be constructed, or under construction, intended to be subject to condominium ownership in the future, are called "Construction Easement"; and those who hold such rights are "Construction Easement Holders".

d) The co-ownership shares of the land allocated to the independent units based on the provisions of this law are "Land Shares".

e) The official deed concerning the establishment of condominium ownership or construction easement is referred to as the "Contract".

III - NATURE OF CONDOMINIUM OWNERSHIP AND CONSTRUCTION EASEMENT:

Article 3 – Condominium ownership is a special type of ownership connected to the land share and the common areas of the main property.

Condominium ownership is established by clearly indicating the land share allocated in proportion to the value of each independent unit in the main building either at the time of establishing the construction easement or, if ownership is established directly, at the time of such establishment. If land shares are not allocated proportionally to the values of the independent units, each condominium owner or construction easement holder may apply to the court for the rearrangement of land shares. The land share allocated to each independent unit under this paragraph may not be changed due to any later increase or decrease in the value of those units. Article 44 remains reserved. (Amended: 13/4/1983 - Article 2814/2)

Construction easement is a type of easement tied to the land share and, once the building is completed, it may be converted into condominium ownership upon written request by the landowner or one of the co-owners with construction easement, in accordance with the conditions set out in this law.

IV - COMMON AREAS:

Article 4 – The scope of common areas can be defined by contract. However, the following places and items are, in any case, considered common areas under this law:

a) Foundations and main walls, shared walls separating independent units, floors and ceilings, courtyards, main entrance doors, entrance halls, staircases, elevators, landings, corridors, and general toilets and washrooms in these areas; janitor's apartments or rooms, common laundry and drying rooms, coal storage areas and shared garages, meter boxes and enclosures for electricity, water and gas meters that are located outside the independent units, boiler rooms, wells and cisterns, general water tanks of the building, and shelters.

b) Any sewage systems and garbage chutes, as well as heating, water, gas and electricity installations, shared networks and antennas for telephone, radio and television, and hot and cold air systems that are outside each owner's independent unit.

c) Roofs, chimneys, common roof terraces, rain gutters, and fire escape stairways.

Other places and items not listed above but which are also necessary for common use, protection, or benefit, are also considered "Common Areas".

B) CONNECTIONS

I - CONNECTION BETWEEN INDEPENDENT UNITS AND LAND SHARE:

Article 5 – In the case of the transfer of condominium ownership to another person, or its inheritance, the related land share shall also transfer together with it; the land share cannot be transferred or inherited separately from the condominium ownership or construction easement, nor can it be encumbered with another right.

No land share in the main property may be left unassociated with condominium ownership or without a construction easement established in its favor.

Any rights that encumber condominium ownership shall automatically encumber the related land share as well.

It is not permitted to establish easement rights over land subject to construction easement if such rights are incompatible with the nature of the construction easement.

Rights that were registered or annotated in the land registry on the page of the property before the establishment of condominium ownership shall, in principle, also apply to the condominium ownership in proportion to the land shares.

II - CONNECTION BETWEEN INDEPENDENT UNITS, ATTACHMENTS, AND COMMON AREAS:

Article 6 – Attachments located outside an independent unit but designated directly for its use—such as coal storage rooms, water tanks, garages, meter boxes for electricity, gas or water, or toilets—are considered integral parts of the corresponding independent unit, and the owner of that unit shall also be the sole owner of its attachments.

Attachments are recorded in the “Annotations” section of the condominium ownership register, and those located outside the footprint of the main building are shown separately on the cadastral plan or title deed map.

No easement may be established on an independent unit that is incompatible with the condominium ownership or the rights of other unit owners.

When an independent unit is transferred, encumbered, or leased, the attachments and common areas related to it are automatically transferred, encumbered, or leased along with it.

C) TERMINATION OF CO-OWNERSHIP AND RIGHT OF FIRST REFUSAL

I - TERMINATION OF CO-OWNERSHIP:

Article 7 – Termination of co-ownership cannot be requested for real properties subject to condominium ownership or construction easement.

However, independent units may be subject to lawsuits or enforcement proceedings as if they were independent real properties, and in such cases, termination of co-ownership may be requested for them.

II - RIGHT OF FIRST REFUSAL:

Article 8 – (Amended first paragraph: 13/4/1983 - Article 2814/3) In the event of the sale of an independent unit in a property with established condominium ownership, or the sale of a land share subject to construction easement, the other unit owners or easement holders do not have a right of first refusal.

However, if one of the co-owners of an independent unit sells their share to a third party, the other co-owners may exercise their right of first refusal.

The contract may include provisions to the contrary of this article.

D) SCOPE OF APPLICATION OF GENERAL PROVISIONS

Article 9 – In the absence of a provision in the land registry records concerning condominium or construction easement, or in the agreement between condominium owners, the management plan, or this law, disputes arising from condominium ownership shall be resolved in accordance with the provisions of the Civil Code and other relevant laws.

CHAPTER TWO
ESTABLISHMENT OF CONDOMINIUM OWNERSHIP AND CONSTRUCTION EASEMENT

A) GENERAL RULE:

Article 10 – Condominium ownership and construction easement are established by means of an official deed and registration in the land registry.

Condominium ownership cannot be established on only one or several parts of a property unless ownership of the entire main property is converted into condominium ownership.

During the establishment of condominium ownership, multiple adjacent units on the same floor may be registered as a single independent unit in the condominium ownership register.

The registration of condominium ownership is carried out based on an official deed prepared by the land registry officer or a court decision rendered in accordance with the following paragraph.

In lawsuits for the termination of co-ownership over a property eligible for condominium ownership, if one of the heirs or co-owners requests that the division be made through the establishment of condominium ownership and allocation of independent units, the judge may decide, based on the documents specified in Article 12, to convert the ownership of that property into condominium ownership and to allocate the independent units separately to the co-owners by equalizing their shares.

B) CONDOMINIUM OWNERSHIP REGISTER:

Article 11 – Condominium ownership is registered in the Condominium Ownership Register, which is maintained in accordance with the Land Registry Regulation. Unless otherwise stated in this law, the general provisions related to registration shall also apply to entries made in the condominium ownership register.

Registration of construction easements is not made in the condominium ownership register; instead, such registrations are made according to the general provisions on easement rights, provided the relevant provisions of this law are observed.

In areas not yet surveyed (not yet subject to cadastral mapping), condominium ownership is registered in a separately maintained Condominium Ownership Record Book, according to the format specified in the Land Registry Regulation.

C) ESTABLISHMENT OF CONDOMINIUM OWNERSHIP

I - APPLICATION AND DOCUMENTS

Article 12 – (Amended: 13/4/1983 - Article 2814/4) For the establishment of condominium ownership, an application must be submitted to the land registry office either through a petition signed by the owner or all co-owners of the property requesting the conversion of the main property into condominium ownership, or through a formal request. The petition or the official record prepared by the land registry based on the request must indicate the individual values of the independent units that will be subject to condominium ownership and the land shares to be allocated to them proportionally to these values.

In addition to the documents required by law for transfers of ownership, the following documents must also be attached to the petition or request record:

a) A project prepared by an architect or engineer showing the external facades and internal layout of the main property (building or buildings), with clear dimensions of the independent units, attachments, and common areas, signed by the owner or all co-owners of the property and certified for accuracy by the municipality, along with a site plan showing the layout of multiple buildings if applicable, and the occupancy permit issued by the municipality.

b) A photograph showing the front and rear facades of the building(s), and if possible, a side view, in at least 13x18 cm size, certified by the municipality for accuracy.

c) A notarized and certified list signed by the owner or all co-owners of the property, showing each independent unit’s land share, type (such as floor, apartment, office), its sequential number starting from one, and any attachments if present.

d) A management plan prepared according to the principles outlined in Article 28, based on the use of independent units and, in case of multiple buildings, the characteristics of those buildings, signed by the owner or owners establishing the condominium ownership.

II - CONTRACT AND REGISTRATION

Article 13 – (Amended first paragraph: 13/4/1983 - Article 2814/5) Once the land registry officer confirms that all submitted documents are complete and in proper form, and that the applicants are authorized, an official contract for the establishment of condominium ownership or construction easement is prepared. This contract is also considered a request for registration.

After the contract is executed, the phrase "Ownership of this property has been converted to condominium ownership" is written in the “Ownership” section of the page where the main property is registered in the land register, and that page is closed. Each independent unit subject to condominium ownership is then registered on a separate page in the condominium ownership register, showing the land share associated with it, and the map, block, parcel, book, and page numbers of the main property’s registration in the general register. The page of the general register where the main property is recorded is also annotated with the book and page numbers of the independent units in the condominium register to ensure a link between the registers.

Any previously recorded rights on the now-closed page of the main property are transferred to the relevant pages of the independent units in the condominium ownership register in accordance with the provisions of the Land Registry Regulation concerning “transfer of records in case of subdivision.”

Each independent unit registered in the condominium ownership register gains the status of a separate real property and receives the number indicated in its approved plan.

(Amended: 13/4/1983 - Article 2814/5) In addition to the title deed showing the plot boundaries of the main property, a certified copy of the part of the project mentioned in Article 12(a) that pertains to the owner's independent unit shall be provided to the condominium owner upon request.

D) ESTABLISHMENT OF CONSTRUCTION EASEMENT

Article 14 – (Amended first paragraph: 13/4/1983 - Article 2814/6) In order to establish a construction easement on land where construction has not yet started or is not yet completed, and to register it in the land registry, the owner or all co-owners of the land must submit to the land registry office a petition or request, along with the project, plan, list prepared in accordance with subparagraphs (a) and (c) of Article 12, the management plan mentioned in subparagraph (d), and other required documents. A separate management plan is not required during the transition to condominium ownership.

Construction easements on land are established only if, in the contract or petition, the land share allocated to each independent unit for which a construction easement is to be established is specified in the “Statements” section of the land register where the land is recorded. After the building is completed in accordance with the approved project, the number of the independent unit and the associated attachments that will be subject to condominium ownership must also be specified in the “Statements” section of the register.

After the building is completed, the conversion of the construction easement into condominium ownership may be requested by any of the easement holders. The registration is carried out based on the official deed of construction easement registration, the documents listed in Article 12, and the municipality’s certification of conformity of the completed independent units to the previously approved plans.

CHAPTER THREE
RIGHTS OF CONDOMINIUM OWNERS AND CONSTRUCTION EASEMENT HOLDERS

A) RIGHTS OF CONDOMINIUM OWNERS

I - OVER INDEPENDENT UNITS

Article 15 – Condominium owners have all the rights and powers granted to owners under the Civil Code regarding their respective independent units, without prejudice to the relevant provisions of this law.

II - OVER COMMON AREAS

Article 16 – Condominium owners are co-owners of all common areas of the main property in proportion to their land shares, according to the rules of joint ownership.

Condominium owners have the right to use the common areas. Unless otherwise agreed, the extent of this right in areas such as general coal storage rooms, garages, terraces, laundry and drying areas is proportional to each owner's land share.

B) RIGHTS OF CONSTRUCTION EASEMENT HOLDERS

Article 17 – Construction easement holders have the mutual right to demand and take legal action for the fulfillment of their respective obligations to commence and complete the construction on the shared land within the period specified in the contract.

(Amended: 13/4/1983 - Article 2814/7) Construction easement holders may appoint one or more persons from among themselves or externally as managers for the completion of the construction. The provisions concerning the duties, powers, and responsibilities of a condominium manager shall also apply to such managers.

(Added: 13/4/1983 - Article 2814/7) In properties where a construction easement has been established, if the building is physically completed and two-thirds of the independent units have begun to be used in practice, then even if condominium ownership has not yet been established, the provisions of condominium ownership shall apply to the management of the main property.

If the construction easement is terminated due to failure to complete the building, the party at fault shall be liable to compensate the others for any damages they suffer as a result.

CHAPTER FOUR
OBLIGATIONS OF CONDOMINIUM OWNERS AND CONSTRUCTION EASEMENT HOLDERS

A) OBLIGATIONS OF CONDOMINIUM OWNERS

I - GENERAL RULE

Article 18 – Condominium owners are mutually obliged to adhere to the principles of good faith while using their independent units, annexes, and common areas; not to disturb one another; not to violate each other's rights; and to comply with the provisions of the management plan.

The provisions of this law concerning the obligations of condominium owners also apply to tenants of independent units, persons with the right of habitation, or anyone who benefits from such units on a continuous basis by any means. Those who fail to fulfill these obligations are jointly and severally liable together with the condominium owners.

The provision of Article 20 regarding expenses and insurance premiums remains in effect.

II - MAINTENANCE, PRESERVATION OF THE MAIN PROPERTY AND LIABILITY FOR DAMAGES

Article 19 – Condominium owners are required to diligently maintain the main property and preserve its architectural structure, aesthetics, and integrity.

(Amended: 13/4/1983 - Article 2814/8) Without the consent of all condominium owners, none of them may carry out construction, repairs, or installations in the common areas of the main property, nor may they apply exterior plaster or paint in a different color. Within their own independent units, they may not undertake repairs, installations, or modifications that would damage the main structure. In areas where ceilings, floors, or walls are shared with adjoining independent units, such works may only be performed with the mutual consent of the respective unit owners, provided that no damage is done to the main structure.

Each condominium owner is liable to the other owners for any damage they cause to the main property or other independent units due to their own fault.

III - PARTICIPATION IN GENERAL EXPENSES OF THE MAIN PROPERTY

Article 20 – (Amended first paragraph: 13/4/1983 - Article 2814/9) Unless otherwise agreed among them, each condominium owner is obliged to:

a) Equally share the expenses for the janitor, boiler operator, gardener, and security personnel, as well as the advance payments to be collected for these services;

b) Contribute, in proportion to their land share, to insurance premiums of the main property and all expenses related to the maintenance, preservation, and repair of common areas, as well as to other costs such as the manager’s salary and the operating costs of common facilities, including the advance payments to be collected for these expenses;

c) Condominium owners cannot avoid paying these expense and advance shares by waiving their rights to use the common areas or facilities, or by claiming that they have no need or use for such due to the nature of their independent unit. (Amended: 13/4/1983 - Article 2814/9)

In the case of non-payment of expenses or advance shares, any of the other condominium owners or the manager may file a lawsuit or initiate enforcement proceedings in accordance with the management plan, this Law, and general provisions. A condominium owner who fails to fully pay their share must also pay a late fee of ten percent per month for each day of delay.

If any of the expenses mentioned in the first paragraph are caused by the fault of a condominium owner or any person benefiting from their unit in any manner, the other owners who paid those expenses have the right to claim reimbursement from the responsible party.

IV - INSURANCE AGREEMENT

Article 21 – It may be decided by the condominium owners’ board that the main property shall be insured based on a value to be determined by the board.

If insurance is taken out, the condominium owners are obligated to participate in the insurance expenses in proportion to their land shares.

In the event that the entire main property is destroyed, the insurance compensation shall be distributed among the condominium owners in proportion to their land shares, unless otherwise agreed.

If only one or a few independent sections, annexes, or parts of the common areas are damaged, the insurance compensation shall be used for the repair of the damaged areas in proportion to land shares.

Condominium owners may also individually insure their independent sections on their own behalf and account to cover damages that are not covered by the main property’s insurance; in such cases, the insurance compensation received belongs solely to them, without prejudice to their share in the insurance of the main property.

Mandatory provisions regarding insurance remain reserved.

V - SECURITY FOR COMMON EXPENSES

Article 22 – (Amended first paragraph: 13/4/1983 - Article 2814/10) Persons who benefit from one of the independent sections on a continuous basis under a lease agreement, habitation right, or any other reason are jointly and severally liable, together with the condominium owner, for the share of the expenses and advance payments and the late payment compensation as set out in Article 20. However, the tenant's liability is limited to the amount of rent they are obliged to pay, and any payment made shall be deducted from their rent.

If the condominium owner’s debt cannot be recovered through this method either, then upon a written request by the manager, or if none exists, one of the condominium owners, a legal mortgage in favor of the other owners may be registered on the independent section of the defaulting owner for the amount of the confirmed debt, as determined by the court. The final paragraph of Article 807 of the Civil Code shall also apply in this case.

(Amended: 13/4/1983 - Article 2814/10) The claims of the condominium owners against a defaulting owner or other liable persons for unpaid expense contributions have priority.

VI - OBLIGATION TO PERMIT

VII - PROHIBITED ACTIVITIES

Article 24 – In an independent section of the main property that is registered as a residence, workplace, or commercial premises in the land registry, institutions such as hospitals, dispensaries, clinics, polyclinics, or pharmaceutical laboratories may not be established. Any agreements among condominium owners to the contrary are invalid. However, medical offices that do not have the nature of a dispensary, clinic, or polyclinic are excluded from this rule.

In an independent section registered as a residence in the land registry, entertainment or gathering places such as cinemas, theaters, coffeehouses, casinos, nightclubs, bars, clubs, dance halls, or similar venues; and food and beverage establishments such as bakeries, restaurants, patisseries, dairy shops; as well as workshops, dye-houses, printing houses, shops, galleries, and markets may only be opened with a unanimous decision of the condominium owners’ board.

This decision shall be annotated in the land registry pages of all independent sections upon the request of the manager or any of the condominium owners.

VIII - OBLIGATION TO TRANSFER CONDOMINIUM OWNERSHIP

Article 25 – If one of the condominium owners fails to fulfill their obligations and duties as prescribed by this law in such a way that it seriously violates the rights of the other owners and makes their situation intolerable, the others may request the court to order the transfer of ownership of the independent section in question to them.

In such a case, the condominium owners’ board shall decide to file a lawsuit for the transfer of the ownership of the independent section to the other owners in proportion to their land shares, by paying the current market value of the section to the violating owner. If a majority cannot be reached for this decision, or if some owners do not wish to file the lawsuit, the other owners may individually initiate the lawsuit, and the ownership of the independent section shall be transferred to those who filed the lawsuit, in proportion to their land shares.

In the following situations, the intolerability mentioned in the first paragraph shall be deemed to exist without further proof:

a) If the owner fails to pay their share of common expenses and advances, and as a result, three enforcement or court proceedings are initiated against them within two calendar years;

b) If the owner persistently continues for one year to violate the rights of the other owners by failing to fulfill their legal obligations despite a court order issued by the peace court judge under Article 33;

c) If the owner uses their independent section as a brothel, gambling house, or similar place, thereby engaging in behavior contrary to morality and public decency.

The right to file a lawsuit under this article shall lapse if it is not exercised within six months from the date the reason for the claim is learned and, in any case, within five years from the date the right arises, provided that the reason for the claim no longer exists.

B) OBLIGATIONS OF EASEMENT RIGHT HOLDERS

Article 26 – Those holding easement rights must fulfill their obligations in due time to ensure the completion of the building on the common land in accordance with the agreement and plans, with the understanding that the property will later be converted to condominium ownership. They are also mutually obligated to facilitate the construction process in accordance with good faith principles.

If one of the easement holders fails to fulfill their obligations within two months following a notarial warning, the court may, upon the written request of the others, order the transfer of the defaulting party’s land share and easement right to the other co-owners, in proportion to their respective land shares and based on the current value.

If the easement right lapses due to failure to complete the building within the legal period caused by the fault of one of the easement holders, the responsible party shall be liable to compensate the others for the damages incurred.

A) GENERAL ASSEMBLY

Article 27 – The main property is managed by the condominium owners’ assembly, and the method of management, provided it does not conflict with mandatory legal provisions, shall be decided by this assembly.

B) MANAGEMENT PLAN

Article 28 – The management plan regulates the method of management, the intended use and manner of usage, the remuneration of the manager and auditors, and other management-related matters. The management plan constitutes a binding contract for all condominium owners.

In the absence of provisions in the management plan, disputes arising from the management of the main property shall be resolved according to this law and general legal principles.

(Amended: 13/4/1983 - Article 2814/11) A four-fifths majority vote of all condominium owners is required to amend the management plan. The right of owners to apply to the court under Article 33 remains reserved.

The management plan and any amendments thereto are binding upon all condominium owners, their universal and particular successors, and the manager and auditors.

The date of the management plan and its amendments shall be recorded in the “Statements” section of the condominium ownership registry, and such amendments shall be attached to the management plan and preserved among the condominium ownership documents.

C) MEETINGS AND DECISIONS OF THE CONDOMINIUM OWNERS’ ASSEMBLY

I – Meeting Time

Article 29 – The condominium owners’ assembly shall convene at least once a year at the times specified in the management plan. If no such time is specified, it shall meet within the first month of each calendar year. In case of an important reason, the assembly may be convened at any time upon the request of the manager, the auditor, or one-third of the condominium owners, provided that all owners are notified at least fifteen days prior to the requested meeting date, either by obtaining their signatures on the notice or by registered mail stating the reason for the meeting. The first notice must also specify the time and place of the second meeting in case the first meeting cannot be held due to a lack of quorum.

II – Quorum

Article 30 – The condominium owners’ assembly shall convene with the presence of more than half of the owners, both in terms of number and land share, and decisions shall be taken by majority vote. If the quorum is not met and the first meeting cannot be held, decisions shall be taken by the majority of those present at the second meeting, which must be held within one week. The provisions in this law requiring specific quorums for certain decisions remain unaffected.

III – Voting Rights

Article 31 – Each condominium owner has one vote, regardless of their land share. An owner who owns more than one independent section has one vote for each unit; however, the total number of votes they may cast shall not exceed one-third of the total votes, regardless of how many units they own. Fractions are not considered in vote calculations. If an independent unit has more than one owner, they must appoint one representative to vote on their behalf. If a condominium owner is legally incapacitated, their legal representative shall vote. A condominium owner directly affected by a decision may attend the meeting but cannot vote on that specific issue. A condominium owner may cast their vote through an authorized proxy; however, a single person cannot represent more than one-third of the total votes by proxy.

IV – Decisions

Article 32 – The main property shall be managed in accordance with the decisions of the condominium owners’ assembly, as per the contract, management plan, and legal provisions. All condominium owners, their universal and particular successors, the manager, and the auditors are obliged to comply with the decisions of the assembly. Disputes arising from the use or management of the main property between condominium owners or between them and the manager or auditors shall be resolved and decided by the condominium owners’ assembly. The decisions of the assembly shall be recorded in a minute book whose pages are consecutively numbered and notarized. All owners present at the meeting must sign the relevant page. Owners who vote against a decision shall record the reason for their objection alongside their signature. If a dispute arises in the future regarding a particular matter, a prior decision recorded in the minutes shall generally be considered binding in resolving the issue.

V – Court Intervention

Article 33 – A condominium owner who does not agree with a decision of the assembly, or who is adversely affected by the failure of another owner or an occupant using a unit under a lease, right of residence, or other legal basis to fulfill their obligations, may apply to the peace court in the jurisdiction where the property is located to request judicial intervention. The judge, after hearing the parties, shall make a prompt decision in accordance with this law, the management plan, and, if no provisions exist, general legal principles and equity. The judge shall notify the concerned party of the decision and the requirement to comply with it within a short time period to be determined. Those who fail to comply with the judge’s decision within the prescribed time shall be fined by the same court, without appeal. The provisions of Article 25 remain reserved.

D) THE MANAGER

I – Appointment

Article 34 – Condominium owners may delegate the management of the main property to a person selected from among themselves or from outside, or to a board composed of three members. This person is referred to as the "manager", and the board as the "management board".

If the main property contains eight or more independent sections, the appointment of a manager is mandatory.

If all sections of the main property are owned by one person, that owner is legally considered the manager.

The manager is appointed by a majority of condominium owners, both in terms of number and land share.

The manager is reappointed each year at the statutory annual meeting of the condominium owners’ assembly; the former manager may be reappointed.

If the condominium owners cannot agree on the management of the property or fail to convene and appoint a manager, the peace court of the property's location shall, upon the application of one of the condominium owners and after hearing the others if possible, appoint a manager to the property. This court-appointed manager has the same powers and responsibilities as one appointed by the condominium owners.

A manager appointed by the peace court cannot be replaced by the condominium owners’ assembly until six months have passed since the appointment. However, if a valid reason arises, the court that appointed the manager may permit the replacement.

When appointing a manager, it may be stipulated in the agreement that they must provide security. Even if this is not stipulated, the condominium owners’ assembly may require the manager to provide security if a valid reason arises.

The full name and residential and business addresses of the manager must be posted inside the main property near the entrance door or in a visible place in the lobby. Failure to comply with this requirement shall result in a court-imposed fine ranging from 50 to 250 Turkish Lira, upon the application of any concerned party.

II – Duties of the Manager

1. Execution of General Administrative Tasks

Article 35 – The duties of the manager are specified in the management plan. Unless the plan provides otherwise, the manager shall perform the following tasks:

a) Execution of the decisions taken by the condominium owners’ assembly

b) Taking necessary measures to ensure the use, preservation, maintenance, and repair of the main property in accordance with its intended purpose

c) Insuring the main property

d) For general administrative and maintenance services such as protection, repair, cleaning, operation of elevators, heating systems, and insurance, collecting a suitable amount of advance payments from condominium owners at the time specified in the management plan or, if not specified, within the first month of each calendar year, and collecting further advances as needed once the initial funds are spent

e) Accepting payments related to the management of the main property, paying debts incurred through management, and, if authorized by the condominium owners, collecting rents for the independent sections

f) Accepting official notifications concerning the entire main property

g) Taking necessary measures to avoid the expiration of a legal period or the loss of a right related to the main property

h) Taking measures, on behalf of the condominium owners, for matters that benefit them regarding the preservation and maintenance of the main property

i) Initiating legal or enforcement proceedings against condominium owners who fail to fulfill their obligations under condominium ownership, and registering a legal mortgage right in the land registry

j) Opening a bank account under their own name, indicating their status as manager of the main property, in a reputable bank to deposit and withdraw collected funds and advances as needed

k) Calling the condominium owners’ assembly to a meeting

2. Keeping Records and Storing Documents

Article 36 – The manager is obliged to record the decisions of the condominium owners’ assembly, summaries and dates of warnings and notifications made, and all expenses in the ledger mentioned in Article 32 in chronological order, and to keep this ledger, the documents related to the expenses, and all other documents in a file.

This ledger must be sealed by a notary public within one month after the end of each calendar year by the manager.

If the manager fails to fulfill the duties written in this article, the penalties stated in the last paragraph of Article 33 shall apply.

3. Preparation of the Operating Budget

Article 37 – (Amended: 13/4/1983 - 2814/12) If there is no operating budget accepted by the condominium owners’ assembly, the manager shall prepare an operating budget without delay.

This budget shall specifically show:

a) The estimated income and expense amounts for one year of managing the main property;

b) The estimated amount each condominium owner is responsible for according to the principles in Article 20 of this Law from all expenses;

c) The amount of advance payment each condominium owner must pay according to Article 20 to cover estimated and other possible expenses.

This budget shall be notified to the condominium owners or those who actually benefit from the independent sections, either against signature or by registered mail. If an objection to the budget is made within seven days of notification, the issue shall be reviewed by the condominium owners’ assembly, and a decision shall be made regarding the budget; if necessary, a new budget shall be prepared.

Finalized operating budgets or decisions of the condominium owners’ assembly regarding operating expenses are considered among the documents specified in Article 68, paragraph 1 of the Enforcement and Bankruptcy Law.

III – Liability

1. General Rule

Article 38 – The manager is liable to the condominium owners exactly as an agent.

2. Accountability

Article 39 – The manager is obliged to present an account of the income obtained and expenses made regarding the main property to the condominium owners’ assembly at the times written in the management plan, or if no time is specified, within the first month of each calendar year.

If half of the condominium owners request, regardless of their land shares, the manager may be asked to present the accounts outside the times specified in the management plan.

IV – RIGHTS OF THE MANAGER:

Article 40 – As a rule, the manager has the rights of an agent.

If the condominium owners fail to fulfill their debts and obligations on time and completely despite a warning made by the manager through a notary, the manager may terminate the contract made with them and resign from management without being obliged to pay any compensation, and may demand compensation for the damages incurred from the condominium owners.

Even if no fee is determined in the management plan or the contract made with the manager, the manager may request a reasonable fee from the condominium owners.

(Amended: 13/4/1983 – 2814/13) The condominium owners’ assembly decides whether the manager appointed from among the owners will contribute to the ordinary management expenses and, if so, in what proportion. If no decision is made in this respect, the manager does not contribute to half of the ordinary management expenses during their term of office.

MANAGEMENT OF THE MAIN PROPERTY

E) SUPERVISION OF THE MANAGEMENT:

Article 41 – The condominium owners’ assembly continuously supervises the manager’s conduct in office and may replace them at any time if a justified reason arises.

If no specific time for the audit of accounts is set in the management plan, this audit is conducted every three months; however, if a justified reason arises, the accounts can be audited at any time.

The condominium owners’ assembly may entrust the audit task to an auditor or an audit committee of three persons elected by majority in terms of number and land share. In this case, the auditor or audit committee shall submit a report to the assembly at the times specified in the management plan or, if none is specified, within the first month of each calendar year, indicating the results of the audit and their opinions on the management style of the main property. This report is duplicated and copies are sent by registered mail to the condominium owners.

The auditors shall record this report, decisions, and other necessary matters in a ledger starting with page number (1), numbered consecutively, each page certified by notary, dated, and signed.

F) INNOVATIONS AND ADDITIONS:

I) BENEFICIAL ONES:

Article 42 – Condominium owners cannot make changes on their own in the common areas of the main property; all innovations and additions that serve to improve the condition of common areas, make their use more comfortable and easier, or increase the benefits obtained from these areas are made based on a decision by the majority in terms of number and land share of the condominium owners.

The costs of these works are paid by those benefiting from the innovations in proportion to their benefit.

(Added: 10/12/1990 – Decree Law 431/1; Ratified: 5/2/1992-3770/1) Upon the request of one of the condominium owners, the heating with the common boiler system can be converted to individual heating using natural gas by a decision of the majority in number and land share of the condominium owners.

(Added: 10/12/1990 – Decree Law 431/1; Ratified: 5/2/1992-3770/1) If a decision is made to convert the heating from the common boiler system to individual heating, the provisions of the management plan conflicting with this decision are considered amended, and the costs of the common works to be made in this regard are paid according to the land share ratios.

II) THOSE THAT ARE VERY COSTLY AND LUXURIOUS:

Article 43 – If the desired innovations and additions are very costly or have a luxurious character due to the special condition of the building, or if they are not located in places or passages that must be used by all condominium owners of the main property, a condominium owner who does not want to benefit from these is not obliged to share the expenses; the cost of such innovations and additions shall be paid by the condominium owners who decided on their implementation.

However, if a condominium owner who did not initially share the expenses or their universal or partial successors later participate in the costs of the innovations and additions in proportion to their land shares, they acquire the right to benefit from the luxury innovation or addition made.

III) ADDITION OF AN INDEPENDENT UNIT:

Article 44 – For adding a floor on top of the main property, constructing a full floor instead of an existing mezzanine, or the later construction or addition of the places listed in the second paragraph of Article 24 in the ground or basement floors or on the vacant part of the land:

a) The condominium owners’ assembly must unanimously decide on this;

b) According to the state the main property will take after this construction, the land shares to be allocated to all independent units, including the new additions, must be re-determined unanimously and properly;

c) For the newly added independent unit, a condominium servitude must be established according to Article 14 via an official deed prepared in the presence of the title deed officer, and this servitude must be registered in the servitudes section of the condominium registry for all independent units of the main property, with connection ensured to the old registry page of the main property that is closed according to Article 13.

The official deed shall state that the condominium owners who consent to such additions and expansions but do not wish to participate agree to the allocation of the part of their land shares reduced due to these additions to the independent units of those who have the additions made.

In this case, provided that the condominium owners who did not participate in the construction of the new independent unit are compensated for the reduced part of their land shares due to the new allocation, the newly constructed independent unit shall be converted into condominium ownership based on the old official deed regarding the establishment of the condominium servitude, becoming the property of the person who had it constructed or the joint property of those who had it constructed, and shall be registered in a separate page of the condominium registry in the name of the new owner or owners.

G) TRANSFER OF OWNERSHIP RIGHTS AND IMPORTANT MATTERS:

Article 45 - Transfer of ownership rights such as registering the property with a right, dividing the land and transferring ownership of the divided part to another person, or important management matters like leasing the exterior walls, roof, or terrace of the main building for advertising purposes can only be carried out upon the unanimous decision of all condominium owners.

SIXTH SECTION

TERMINATION OF CONDOMINIUM OWNERSHIP AND EASEMENT RIGHTS

A) TERMINATION OF CONDOMINIUM OWNERSHIP

I- DISSOLUTION OR EXPROPRIATION OF THE LAND TOGETHER WITH THE MAIN PROPERTY

Article 46 - Condominium ownership terminates with the deletion of the registration record in the condominium ownership registry.

Condominium ownership does not automatically end if all independent units of the main property come under the ownership of a single person.

The registration record is deleted upon the written request of all condominium owners or the owner who holds all independent units, for the conversion of condominium ownership in the main property into ordinary ownership, and the property is registered anew in the general land registry on a new page according to the land shares assigned to the individual units, ensuring connection with the previous records. If there have been changes in the nature of the property after the establishment of condominium ownership, these are also recorded in the new registration.

If any independent unit is registered with a real right or a personal right annotated in the registry, the conversion of condominium ownership into ordinary ownership and deletion of the condominium registry record cannot be requested unless the right holder consents and the right is removed from the registry.

If the registrar’s right holder does not consent to the deletion of the registration but agrees that the right be transferred only to the debtor’s ownership share or, depending on the nature of the right, to all common ownership shares, this right is registered in the general registry without deletion, by transferring it only to the debtor’s common ownership shares subject to ordinary ownership.

If the main property is completely destroyed together with its land or expropriated, the deletion of the registration record is done according to general provisions.

If the property is expropriated, the expropriation value of each independent unit is separately determined taking into account the associated land share and its appurtenances and is paid to the owner of that unit.

II- DESTRUCTION OF THE MAIN BUILDING

Article 47 - If the entire main building is destroyed, the condominium ownership on the main property automatically terminates.

If one of the independent units of the main building is completely destroyed and the owner of that unit does not rebuild it within two years, the other condominium owners or some of them may, within one year starting from the end of this period, request the court to transfer the destroyed unit’s land share to themselves in return for its value and according to the land shares. In this case, the transferred land shares are noted in the "Declarations" section of the relevant pages in the condominium registry; the transferees are obliged to rebuild the destroyed independent unit within two years from the date of transfer or, within the same period, all condominium owners are obliged to recalculate the land shares connected to the independent units according to the principles set forth in the second paragraph of Article 3 of this law and register them in the condominium registry.

If the provision in the above paragraph is not complied with, condominium ownership on the main property automatically terminates, and common ownership provisions apply to both the property and the insurance compensation received for the destroyed units. If more than one independent unit is completely destroyed and the rebuilding of one depends on the rebuilding of the other, the condominium owners of the destroyed units must inform the other owners in writing within six months from the date of destruction whether they will rebuild or not. Those who fail to notify are deemed unwilling to rebuild, and their land shares are primarily transferred to those who want to rebuild.

During the periods specified in this article, condominium ownership over the destroyed independent units automatically converts into a condominium easement and a provisional annotation is made in the declarations section of the condominium registry. When the independent unit is rebuilt, condominium ownership over it is reinstated and the provisional annotation is removed from the registry.

III- NOTIFICATION DUTY AND DELETION OF REGISTRATION

Article 48 - In the event of total or partial destruction of the main property or the main building, the situation shall be immediately reported by the manager to the land registry office where the property is located and to all condominium owners; if there is no manager, the owner of the destroyed independent unit must report it immediately to the land registry office. The destroyed unit owner shall be jointly liable along with the manager for all damages arising from failure to notify, with the manager’s liability limited to one-fifth of the damage, while the Treasury is not liable.

When condominium ownership terminates, the pages in the condominium registry are closed and the property is registered in the general land registry according to common ownership principles based on land shares, showing the parts of the main building that remain intact and linking with the general registry records before the establishment of condominium ownership. In this case, common ownership provisions also apply to insurance compensations and debris.

If the owner or owners of the land of a completely destroyed main building want to build a new structure again according to condominium ownership principles, the provisions concerning condominium easement and condominium ownership apply.

B) TERMINATION OF CONDOMINIUM EASEMENT

Article 49 - The owner or co-owners of the land subject to the condominium easement may terminate this easement at any time by submitting a written declaration to the land registry officer to delete the easement’s registration.

The condominium easement automatically terminates if the land subject to the easement is completely destroyed, becomes unsuitable for construction, or is expropriated.

(Amended paragraphs: 13/4/1983 - 2814/14 Art.) If no construction is made on the land subject to the condominium easement within five years according to the plan given at the time the easement was established, upon the request of one of the owners, the peace judge may, after hearing relevant parties if necessary, decide to terminate the condominium easement or extend it for a certain period. The period may be extended again upon request.

When the condominium easement is terminated pursuant to the above paragraph, the registration in the land registry is deleted.

SEVENTH SECTION

FINAL PROVISIONS

A) PROHIBITIONS

Article 50 - After the entry into force of this law, according to the Civil Code and other laws, an easement right cannot be established to allow one of the co-owners of a property to benefit solely from a part of that property as a condominium owner.

Condominium ownership cannot be established in buildings that are not entirely made of masonry.

B) ADAPTATION TO THE NEW SITUATION

I- IN AGREEMENTS ESTABLISHED AFTER THE ENTRY INTO FORCE OF THE CIVIL CODE

Article 51 - (Amended first paragraph: 30/4/1969 - 1166/1 Art.) For properties on which an easement right has been established to allow one of the co-owners to benefit solely from a part of the property as a condominium owner between the entry into force of the Civil Code and the date this law came into effect, the ownership must be converted to condominium ownership and registered in the condominium registry by 2/1/1971. Otherwise, the easement rights will end and only joint ownership will continue.

The conversion of ownership to condominium ownership and registration in the condominium registry as per the first paragraph is carried out upon the application of one of the joint owners to the land registry, based on the documents in the land registry and the photograph specified in subparagraph (b) of Article 12 of this law; in this case, it suffices for the photograph to be certified by the signature of the joint owner applying to the land registry.

Other joint owners cannot object to this conversion nor can they avoid contributing to its expenses or preparing a management plan; if they do, the provisions of Article 33 regarding judicial intervention shall apply.

II- RIGHTS ESTABLISHED BEFORE THE CIVIL CODE

Article 52 - Rights established under names such as (air rights, room ownership) before the entry into force of the Civil Code shall be converted to condominium ownership or condominium easement within three years from the entry into force of this law according to the provisions written below:

a) If the building units subject to these rights exist on the real estate, the right holders shall become co-owners in the land of that real estate in proportion to the values of their units without any payment obligation by making an agreement among themselves according to the joint ownership provisions of the Civil Code and shall establish condominium ownership according to the relevant provisions of the Condominium Ownership Law.

b) If the building units do not exist and only air rights exist, this right shall be converted to condominium easement automatically by the right holder becoming a co-owner in the land according to the principles in paragraph (a) and registered accordingly.

c) If the right holders do not convert their old rights into condominium ownership or condominium easement within three years from the entry into force of this law by mutual agreement, the conversion shall be made by the land registry office where the real estate is located upon the application of one of the right holders or directly by determining the land shares in proportion to the values of the separate units and preparing the necessary documents according to the principles in paragraphs (a) and (b) of this article, and all right holders shall be notified of the situation.

The expenses required for the direct conversion of these rights to condominium ownership or condominium easement by the land registry office shall be paid by the Treasury and collected from the right holders according to the provisions of the special law on the collection of public receivables.

Right holders may object to the decision of the land registry office by filing a lawsuit at the peace court within one month from the notification of this decision to them.

III- MANAGEMENT OF CONDOMINIUM EASEMENTS ESTABLISHED ACCORDING TO THE CIVIL CODE

Article 53 - Until the easement rights established to allow one of the co-owners of a real estate to benefit solely from a part of that real estate as a condominium owner before the entry into force of this law are converted into condominium ownership according to this law, the provisions of this law regarding the management of the main real estate, the obligation to make a management plan, participation in expenses and insurance obligations and premiums shall apply.

C) STATUS OF CONDOMINIUM OWNERSHIP IN CASE OF CONSOLIDATION (ŞUYULANDIRMA) ACCORDING TO SPECIAL LAW

Article 54 - In case of consolidation according to the provisions of the Zoning Law, if there are properties subject to condominium ownership among the consolidated properties, and if all owners agree on the termination of the co-ownership pursuant to Article 46 of the Zoning Law, the termination of the co-ownership shall be carried out according to the provisions of this agreement.

If such an agreement cannot be reached, the current values of each property before consolidation shall be separately determined by the peace court responsible for terminating the co-ownership according to the provisions mentioned in the first paragraph. The court shall decide to offer the purchase of the other properties at this value to the owner of the property with the highest value, and when this offer is accepted and the payment is made, the co-ownership shall be terminated.

If the payment is not made within one month from the notification of the finalized peace court decision, or if a bank letter or equivalent collateral is not presented within six months to guarantee payment, all consolidated properties shall be sold at auction. If possible according to the zoning status, condominium ownership shall be preserved and other properties annexed to it; if not possible, the condominium ownership shall be terminated. The sale proceeds shall be distributed to the owners according to the ratio of the values determined in the second paragraph.

D) FEES AND TAXES

Article 55 - The establishment of condominium ownership and condominium servitude according to this law, provided that it does not involve the transfer of ownership to another party, is exempt from all kinds of fees and taxes. This exemption also applies to the conversion of servitude rights established after the enforcement of the Civil Code into condominium ownership according to Article 51, and the conversion of rights established before the Civil Code into condominium ownership or condominium servitude according to Article 52.

Established condominiums shall be immediately notified by the land registry officer to the municipality and the tax office where the main property is registered.

E) SITUATION IN AREAS WITHOUT MUNICIPALITIES

Article 56 - The duties imposed on municipalities by this law shall be carried out by the municipalities of the district or provincial center to which the area without a municipality is affiliated; in areas specified in Article 47 of the Zoning Law No. 6785, these duties shall be performed by the relevant municipality. (The Zoning Law No. 3194 has replaced this law.)