Part 1 GENERAL PROVISIONSAna Real Estate Professional Apartment and Site Management
Article 1 – The property, which has been converted into a property of the floor, ……… .. province, ………. district, …………. ..hall, ……………. On the street (in the street), ………… .ada, …………… .. the parcel number and ……………. Door number …………… apartment; Subject to the statutory provisions of the Law, the Floor Owners Board shall be governed by this Management Plan, which shall be adopted by a voting association.
Departments of the main real estate
Article 2- Main real estate ……………… basement, …………………. normal, ………. normal and …………… the terrace is a quat.
A) Basement Floor: This floor is on the front facing the street ………. piece
B) Ground Floor: This floor is on the ceiling facing the street …… ..and there is a dwelling on the back of the building .. .. .. .. .. There are several houses.
(A) store indicated by the letter ……… shop,
The store indicated by the letter (B) is the attachment of the shop ……….
C) First Floor: This floor has …… housing.
D) Other floors: On each of the other floors ……………. There are housing units.
E) Terrace: This floor has terraces which are common places of residence and main house.
Article 3- Shops on the ground floor; Game room, cafeteria, brasserie, bar and so on. It can not be given to the rent to be used for these purposes.
> A) explosives may not be sold in the stores; It can not be used as fuel or as a gas dealer.
B) They can not be stored in flammable and combustible materials.
C) No work can be done in these shops that produce noise, shake, or produce odors.
Use of Apartments:
Article 4- All apartments of the main real estate shall be used as residence (dwelling) by sitting personally or being given to the rent. The floor owners can not use the apartments for rent other than the house, unless they have written permission from all the owners of the main property.
Article 5 – Places other than the attachments connected to the independent sections and listed in Article 4 of the Floor Ownership Act; Other things necessary for joint use, protection or exploitation are common places of floor owners.
Binding of the Management Plan:
Article 6 – This Management Plan and the amendments to be made here shall bind all floor owners, their heirs and independent sections, those who shall be sold or otherwise provided, and the directors and auditors. To change the management plan, all four floor owners must vote four times a week.
Resolution of Disputes:
Article 7- In cases where there is no provision in this Management Plan, the provisions of the Law on Condominium Property shall be applied for the settlement of disputes arising from the management of the estate. If there is no provision for dispute in the Property Law of Houses, fairness rules and precedent resolutions of the Board of Housekeeping shall apply.
SECTION 2 MANAGEMENT ORGANS
A-Kat Malikları Board Meydana Arrival:
Article 8- The Board of Housekeepers, regardless of the share of the land, is the property of all independent section owners of the main real estate.
Article 9- The main real estate is managed by the Board of Houses. The style of management shall be decided by this board provided that the statutory provisions in the law are reserved.
Resolution of Disputes:
Article 10- Any disputes that may arise between the floor owners or between the administrators and the inspectors or between the inspectors and the administrators due to the use or management of the main premises shall be resolved by the Board of Housekeeping and shall be concluded.
Binding of the Decision:
Article 11- The owners of all independent departments and their heirs and independent sections are obliged to observe the decisions of the Board of Housekeeping of the owners or supervisors and managers and auditors who subsequently acquire them or in any way acquire them or in the independent sections as tenants or other persons.
Article 12- The Board of Housekeeping shall, for each calendar year …………. And in the first fifteen days of January of the month.
Article 13- The date, time, place and agenda of the meeting shall be determined by the administrator and notified to the owners of all independent departments at least one week before the meeting date with a registered letter or a letter to the signature. When making the first call; If a quorum is not provided in the first meeting, the date, time and location of the second meeting is also specified.
Article 14- In case of a major cause; The Board of Housekeepers may be invited to an extraordinary meeting upon the request of the manager or supervisor or one third of the floor owners. In this case, it is necessary to send a registered letter stating the reason of the meeting or to write the letter in the form of a signature against the signature.
Quorum of Meeting and Decision:
Article 15- The Board of Housekeepers shall convene more than half in respect of the number and land share of the independent section owners and decide by majority vote.
A) If the first meeting can not be held because the number of vacancies is not reached, the second meeting is held within one week at the latest and the number of votes of the attendants is decided without a quorum.
B) However, the provisions on the quorum of the imperative quorum (Articles 24, 28, 34, 42, 44 and 45 ‘of the CFC) which are made in relation to special cases in the Condominium Law are reserved.
Shape of the meeting:
Article 16- The president shall elect one of them to manage the meeting. The topics mentioned in the agenda are discussed at the meeting. However, the issues proposed by the members of the meeting to discuss one-third of the members are also taken into consideration.
Article 17 – Each independent section estate has one vote. If a person has more than one independent section; The number of votes that it will have can not be more than one-third of all votes.
Article 18 – If an independent division has more than one property, one of them may be represented in the Board of Houses.
A) As such, each of the independent division owners may be represented by another representative or a proxy to whom he / she will act.
B) However, the number of votes that a person may give in person or by proxy may not exceed one third of all votes.
C) The power of representation by proxy is given in written form. The attorney who does not have such a written document can not vote by proxy.
D) The independent part which is incompetent is represented by the owner, his or her parent or his / her deputy.
Article 19- In the case of a decision to take one or more floors directly related to the property, the ones to be decided upon can participate in the meetings and negotiations, but they can not vote.
Decision notebook :
Article 20- Decisions of the Board of Housekeeping; The order number and each page is written by the manager of the Notary-sealed Decision Book.
A) Decisions are signed by all floor attendants participating in the meeting. B) The floor owners who cast a vote against the verdict also write the reasons of the irregularities under the order and sign them.
Article 21- Decisions taken by the Board of Housekeeping; The property which has not been participated in the meeting and, if necessary, the tenant or other persons who are standing in the independent section or who are benefiting from it.
Resolution of Disputes:
Article 22- Similar disputes shall be resolved in accordance with the decisions taken in that matter by the Board of Housekeeping and written in the Decision Book. Floors or floor owners who do not consent to the Board of Housekeeping; They may file a lawsuit against this decision.
Article 23- The Board of Housekeepers shall elect one of them from among themselves or from the outside as an administrator at the meeting to be held within the first fifteen days of January every year.
A) The manager is selected for a year, with the majority of landowners having both the number and the land share. It is possible to re-elect the former administrator.
B) If the floor owners can not agree on the selection of the manager; Floor owners may apply to the Magistrates’ Court where the main real estate is located. In this case, the manager is chosen by the judge either from among the floor owners or from the outside.
C) The administrator appointed to court can not be changed six months in advance unless permission is obtained from the court.
Article 24- The name and surname of the manager (or members of the board of directors), business and home address, and telephone number, if any, shall be displayed in a glazed frame at a location visible at the entrance of the building.
Article 25- If the manager appointed from among the Floor Owners is to participate in the normal management costs, he shall be determined by the Board of Housekeeping where he will attend.
A) If no decision has been taken in this matter; The manager does not participate in half of the normal management expenses falling within his / her term of office.
B) If the manager is chosen from outside, the fees and terms to be taken are determined by the floor owners and assigned to the board when the manager is appointed.
C) If the manager appointed by the Floor Owners Board has been assigned a place due to this duty; If the contract is terminated for any reason, the manager must vacate the named place within fifteen days at the latest. In this respect, the relevant provisions of the Law on Property of the Floor apply.
D) the fee of the manager; Floor owners are paid at the rate of the land shares.
Article 26- The duties of the manager (or the board of directors) are:
A) To fulfill the duties indicated in Articles 35, 36 and 37 of the Condominium Ownership Act and in the laws and in this management plan.
B) To prepare the Operation Project in accordance with the procedure within fifteen days following its election and submit it to the floor owners’ information,
C) If the objection is not appealed or objected within seven days, it shall be decided by the Board of Housekeeping to implement the finalized Operation Project.
D) to prepare the agenda of the Board of Housekeeping and to convene the meeting; Transferring the Decision Book to the Notary in the first week of January of each calendar year and keeping all documents, invoices and receipts related to the administration for at least five years.
E) To use, protect, maintain, repair and clean the elevator, central heating, cold and hot water and electrical installations regularly and take necessary precautions for the proper use of the main real estate.
F) To collect the advance and overhead costs, to pay the debts in due time, to arrange for execution on those who fail to fulfill their obligations and obligations, and to prosecute where necessary, and to register the right of legal mortgage on the Floor Ownership Register when necessary.
G) To accept notices of interest to the whole of the main property and, if necessary, to announce to the floor owners in due course.
H) Doorman, radiator and any other personnel required; Making contracts with staff; To carry out the necessary procedures in accordance with the provisions of the Labor Code and the Social Insurance Act and to ensure that the personnel perform their duties in the best manner.
Article 27- In the ordinary meetings of the Board of Housekeepers ………………… and January, It is obliged to give the account of the expenditures made with the income provided up to that date to the floor owners. The manager is obliged not to show the income-expenditure accounts to the floor owners at meetings held on the request of half of the floor owners.
Article 28- The manager is liable as a proxy against the floor owners and as a rule has the rights of an agent. Auditor’s supervision:
Article 29- The Board of Housekeeping shall continuously inspect the manager. In the event of a just cause, the manager can change at any time.
Article 30- Board of Floor Owners; In the first fifteen days of January each year, at the meeting to be held, he or she selects one from the outside or the outside as the auditor with the majority of the number and plot share.
Article 31- A fee shall not be paid to the auditor (or the Board of Auditors) to be elected from among the floor owners; (Or, to the Supervisory Board), a fee to be determined by the Floor Owners’ Board shall be paid.
Article 32- The Auditor (or the Supervisory Board) inspects the accounts and books of the manager every three months. If there is a justifiable reason, it can always do the inspection.
Article 33- The Auditor (or the Supervisory Board) prepares a report covering the results of the audit and the opinions of the Board of Directors to be read at the ordinary meeting of the Board of Housekeeping. This report shall be multiplied by the number of floor owners and announced at least one week before the meeting, with registered letter to the floor owners or a letter to be signed. He also reads the meeting and makes the necessary explanations.
3. RIGHTS AND DEPOSITS OF SECONDARY MATERIALS
Article 34- The owners of the floors shall have all the rights and authorities recognized by the Civil Code on their own independent sections, provided that the provisions of the Floor Ownership Law and the provisions of this Management Plan are reserved.
Preservation of main structure:
Article 35- The owners of the floors shall preserve the beauty, the architectural condition and the soundness of the main building; They also have to pay attention to the maintenance and cleanliness of common areas.
Tasks that can be done with permission:
Article 36- Unless any of the floor owners is the inspiration of all floor materials; Construction, repair and facilities in common areas of the main premises can not make exterior whitewash or paint of different colors. In its own independent division, it can not make repairs, installations or modifications that would damage the main building. But; Ceilings, bases or walls, the joint owners of the owners of these units may repair, install and modify such that they do not damage the main building.
Benefit from Common Places:
Article 37- The apartment owners are entitled to all common places of the main real estate according to the common property provisions. They have the right to benefit from common grounds, according to the provisions of the Law and this Management Plan. However, they must adhere to the rules of accuracy and avoid other storey owners from disturbing behavior
Utilizing Laundry and Others:
Article 38- Benefits from General Laundry, Coal and Garage are determined by the Board of Houses Property. Article 39- Flat owners must obey the rules of right and avoid other unconventional behavior when using their own independent sections and attachments.
Article 40- Flat owners are obliged to comply with the following prohibitions:
A) They can not use their independent sections as a casino, an appointment house or similar place, in a manner inconsistent with moral and adherence.
B) They can not open musical instruments such as radio, tape recorder, TV set, music set, etc. at a time to disturb other floor owners, can not play with high tone and without interruption.
C) They can not shake rugs, carpets and other things from windows or balconies of independent sections; They can not pour garbage and water.
D) They can not contain explosive, flammable, dangerous and odorous substances in their attachments with independent sections.
E) Unless there is a decision made by the Board of Housekeeping of the Board of Houses; They can not have a signboard or signboard for any purpose whatsoever in place of the main building. F) They can not shelter or feed animals such as cats, dogs and poultry in their self-contained parts and their joints. G) They can not organize musical, noisy meetings in independent sections or in common places to disturb other floor owners. No meetings can be held at the premises of the main estate. On the day of acceptance, the compulsory meetings such as the engagement ceremony try not to make the noise as much as possible, not to disturb the peace of the apartment. Such conferences will end at no later than 23 o’clock.
H) can not open places such as dispensary, clinic, policlinic, pharmacy laboratory in independent sections registered as residence or trade place in the Deed Registry; They can not give it to the rent to be used for these purposes.
I) They can not open places such as galleries and bazaars with their leisure and eating places, without a decision unanimously given by the Board of Housekeeping, in independent sections registered as dwellings in the Register of Floating Property; They can not give it to the rent to be used for these purposes.
J) Shopowners may not engage in unrestricted activities in their own stores or in the premises of other independent departments; Explosive, flammable, odorous and similar materials.
Obligation to Report:
Article 41- The flat owners shall be obliged to report to the tenants or other persons who own or use the property in the independent section the liabilities and obligations in this Management Plan.
Article 42- In another independent section; If it is necessary to enter an independent division in the event of a repair or repair of a damage or disorder occurring in the joint or joint place or in the facilities, or in cases where reconstruction of the facilities is compulsory; Those who own the independent section or who live there in another capacity have to accept this work and bear the necessary work in the place mentioned. If this is the permission of the floor owners or those who live there with other qualifications, This damage is immediately paid by the independent section owners who are allowed to benefit. Responsibility of the brokers and others:
Article 43- In the independent sections, tenants or residents of any capacity or beneficiaries shall comply with the rights and obligations laid down in the above articles and in the Law on the Condominium Ownership, as their owners.
Part 4 PARTICIPATION IN GENERAL BUDGET
Article 44- Each of the floor owners; The attendant, the radiator, the guardian and the gardener, and the advance to be collected for them.
A) each of the floor owners; Insurance premiums of the main premises and other expenses such as maintenance, protection and repair expenses of all common places and manager’s pension and advance payment to be collected for operating expenses and expenses of common facilities.
B) Concerning the property that does not pay expenses or advances; By each of the other floor owners or by the manager; According to the Management Plan, the Property Law and General Provisions, proceedings may be filed and enforcement proceedings may be conducted.
C) It shall also be obliged to pay Deferred Compensation for ten (10) per cent per month for the days on which all expenses and advances are delayed in the non-payment due payment.
Abandonment of Use Right:
Article 45 – Owns any independent division; He / she can not refrain from paying the advance payment and arguing that he does not need to take advantage of the places mentioned due to the fact that he has abandoned his right to use common places or facilities or his own independent place. However, the owners of the shops and the independent sections on the floor do not participate in the maintenance and operation costs of the elevator.
Article 46- The joint expenses shall be paid by the joint owners if they have caused a faulty act of one of the floor owners or any person who has benefited in any way from its independent section. If the other floor owners pay this joint return, they may be able to repay the person who benefits from the defective floor apartment or its independent section at the rate of their payment.
Joint and Mutual Responsibility:
Article 47- The beneficiaries of the flat property shall be jointly and severally liable for expenses and advance debt and delinquency indemnities to be paid in accordance with Article 33 of the Management Plan and for the continuous use of the lease agreement, the right to be persuaded or for any other reason in the independent sections. However, the tenant’s liability is limited to the amount of the lease that he is obliged to pay, and the payment he made will be deducted from the rent allowance.Kanuni İpotek Property:
Article 48- In case the expropriation of the property of the floor and advance payment and delay compensation are not received in any way; The Statutory Mortgage Article may be registered on the independent part of the floor property which does not pay the debtor settled in the court for this amount of debt, in writing with the written request of the manager or one of the floor owners.
5. MISCELLANEOUS PROVISIONS
The expiration of the property of the floor:
Article 50- The doorman of the main premises is also operated as a radiator.
Article 51- The matters related to the fees and works of the doorman and other personnel to be assigned by the manager in the main real estate shall be decided by the Board of Housekeeping. The manager makes contracts to be made with the staff based on this decision. The Board of Housekeeping shall make the appointments themselves if deemed necessary; It stops the personnel who do not like their work.
Independent Section Expenditure:
Article 52- Addition of floors on the main premises; The construction of new sections or facilities in the vacant lot depends on the decision of the Board of Houses to be unanimous.
ARTICLE 54- Substantial administrative works such as assignment of a right to a real estate, division of the estate or transfer of property of the divided part to someone else, or lease of the exterior walls of the main building, roof or rooftop for advertising purposes can only be done by unanimous decision of the Board of Housekeeping.
Article 55- Floor owners; Tenants or residents of the independent sections for any other reason; They have to pay and pay for themselves immediately damages caused by their children, their guests in the main real estate and common places.
Article 56-Flat Owners shall be liable jointly for damages arising from the failure to fulfill the obligations and obligations of tenants or other persons who are in their own independent sections or who are otherwise qualified.
Chapter 6 LAST PROVISIONS
Article 57- In cases where there is no provision in this Management Plan, the provisions of the Condominium Ownership Act and the other clauses of the Law are imposed and complementary.
> Additional Article – ………………………
Article 58- This management plan consisting of 58 items is organized on the date of ……… .. All items of this Management Plan, ……………… province, ……. District, …………………… neighborhood, …………… street, ………… .ada, …………. Parcel numbered and ………… .. door number …………… .. all the independent sections written with open identities and addresses below of the apartment were read by the owners one by one and accepted unanimously and signed together with disagreement that it was arranged in accordance with the request . ../ ………… ……………. / ………………
Independent Department No’su Nevii Land Shares Name Surname Address Signature ………… .. …………