The Law Amending the Land Registry Law and Certain Laws and Legislative Decree No. 375, which contains regulations on excessive real estate fees and was adopted and issued by the General Assembly of the Turkish Grand National Assembly, established new regulations regarding the duties of the administrator, the determination of contributions and the advance amounts to be collected.
Here are 5 questions and their answers about the new regulations that will be implemented by law:
1- What are the duties of the manager?
The managers are responsible for collecting advance payments from the apartment owners for general administrative work on the main property, maintenance work such as protection, repair, cleaning, elevator and central heating, hot and cold air operation and insurance, at the time specified in the management plan or, if such time is not specified, within the first month of each calendar year until the operational project is approved.
2- How to prevent arbitrary increases in contributions?
It is mandatory that the advance amount collected by the manager is approved by the homeowners' association. The condominium owners’ meeting will also approve the operating project.
If there is no operational project approved by the board of floor owners, the manager shall immediately create a temporary business project until it is approved by the board of floor owners within 3 months at the latest. This project will be announced to the apartment owners or those who actually benefit from the independent department with their signature or by registered mail and a decision will be made at the general meeting no later than 3 months to accept it unchanged or with changes.
3 – What method is used to determine the estimated price for the operational project?
If there is an existing operating project, the price intended for the temporary operating project is determined each year at the beginning of the calendar year from the current operating project price, provided this is not higher than the previous year's revaluation rate, and presented to the condominium owners' council.
4- How can the management plan be changed?
To change the management plan, a vote of 2/3 of the total number of independent sections represented by the members of the body of mass construction representatives is required. Provisions of management plans that contradict this regulation will not be implemented.
5 – When does the new regulation come into force?
The law comes into force after its publication in the Official Gazette.
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