What is a Management Plan? Site Building Management
What is a Management Plan? Site Building ManagementThe site management plan contributes to each resident living in a certain order in collective housing. Every owner or tenant must act within the framework of the management plan. The management plan can be obtained from the Land Registry Office. For this, it will be sufficient for any apartment owner or manager to go to the relevant land registry office and request the management plan for the building or site.
The plan created for managing according to certain rules and laws, established with condominium ownership or condominium servitude, is called a management plan. The management plan binds all apartment owners living in a residence.
When Can the Site Fee be Increased?
The Site Fee can be increased at the general assembly held once a year. The board of apartment owners meets at least once a year at the times specified in the management plan, or if no such time is specified, within the first month of each calendar year.
At this meeting, the fee amount determined for the apartment owners is announced each year within the framework of the budget planned for that year. However, due to the risk of unforeseen expenses during the process, it is possible to increase the fee without waiting for the annual meeting. This situation may be written in the management plan registered in the land registry that the board of directors or the manager has the authority to increase the common expense and advance shares by a certain rate within the period without holding a general assembly. This rate generally does not exceed 15% or 20% of the fee.
How is the Invitation to the Site General Assembly Made?
In today’s conditions, it is seen that in many apartments or sites, the meeting date is notified by methods that do not comply with the formal requirements in the law. However, in accordance with Condominium Ownership Law article 29/2, apartment owners should be invited to the meeting by having all apartment owners sign a call list at least 15 days before the meeting date or by registered mail with return receipt, also stating the reason for the meeting. Invitations that do not comply with this formal requirement determined by the law are considered invalid.
What is the Quorum in the Board of Apartment Owners Meeting?
According to the provision of the Condominium Ownership Article, “COL / Article 30 – The board of apartment owners convenes with more than half of the apartment owners in terms of number and land share and decides by majority vote. (Amended second paragraph: 14/11/2007-5711/15 art.) If the first meeting cannot be held due to lack of quorum, the second meeting is held within fifteen days at the latest. In this meeting, the decision quorum is the absolute majority of the participants. The provisions separately set for the quorum in this law are reserved.”
As seen, the quorum in the Apartment Owners Meeting is in principle majority vote. However, it is a prerequisite to start the meeting with more than half of the apartment owners in terms of number and land share. If this number cannot be gathered, a second meeting should be held within 15 days at the latest. The legislator did not require a quorum to start the meeting for this second meeting. It allowed decisions to be made at the meeting with the absolute majority of those attending the second meeting.
