How Is the Apartment Manager Removed from Office?

If an apartment manager fails to give account or engages in conduct that shakes trust, residents are not helpless. There are legal routes to remove the manager (dismissal). In this guide we explain in which cases and how an apartment manager can be removed, based on Article 41 of the Condominium Ownership Law No. 634 (KMK).

Can the manager be removed?

Yes. Under the law, the assembly of unit owners continuously audits the manager's conduct in this duty and may change them at any time in case a justified reason arises (KMK Art. 41). Even if the manager's term has not ended, if there is a justified reason, they can be removed. The authority to remove the manager rests with the assembly of unit owners.

Which situations count as a "justified reason"?

Removal of the manager generally requires a justified reason. Examples of situations that may count as justified reasons:

• Not giving account: Refusing to present the income-expense accounts and documents.
• Neglect of duty: Neglecting maintenance-repair, not implementing decisions.
• Improper spending: Spending apartment money without authority or documentation.
• Abuse of trust: Using apartment money for personal purposes.
• Avoiding transparency: Blocking residents' requests for information and inspection.

Removal by assembly decision

The ordinary way to remove the manager is by an assembly of unit owners' decision. The assembly may, meeting in ordinary or extraordinary form, decide on the dismissal of the manager. This decision is taken with the required majority and entered in the decision book. When the manager is removed, electing the new manager in the same meeting or shortly afterwards is important so that the apartment is not left without management. An assembly decision is the most practical and swift way of dismissal.

Removal through the court

In some cases the assembly may not be able to remove the manager because the majority cannot be reached. In such situations, if there is a justified reason, any of the unit owners may apply to the court (civil court of peace) and request the manager's dismissal. This route becomes important particularly when the manager is protected by a group holding the majority, or when a minority of owners can show a justified reason. The court, evaluating the justified reason, may remove the manager.

What to do after removal

After the manager is removed, carrying out the handover properly is critical. Things to be done: transferring the signing authority on the bank account to the new manager and removing that of the old one, informing service providers (security, cleaning, elevator company), transferring the books and documents, and notifying any change of address/authority in ongoing lawsuits. If these are not done, the old manager may still appear authorised and may lead to liability disputes later.

The old manager's duty to give account

A manager who has been removed is obliged to give account for their period. The manager is liable to the unit owners just like an agent (KMK Art. 38); this liability continues even after leaving the office. In other words, the old manager must hand over the income-expense accounts, documents and treasury status of their period to the new management and the assembly. Refusing to give account gives rise to legal liability.

Summary

The assembly of unit owners may remove the manager at any time if there is a justified reason (KMK Art. 41). Justified reasons include not giving account, neglect of duty, improper spending and abuse of trust. The ordinary route is an assembly decision; if the majority cannot be reached, the court may be applied to with a justified reason. After removal, the signing authority, documents and contracts must be transferred. The old manager is obliged to give account for their period.

The orderly transfer of documents and treasury during a manager change is critical. Apt Yönet keeps all income-expense, treasury and records in order, providing the opportunity for a smooth and transparent handover in manager changes.

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Frequently Asked Questions

Can the manager be removed before the term ends?

Yes. If there is a justified reason, the assembly of unit owners may remove the manager at any time (KMK Art. 41).

Who removes the manager?

The ordinary route is an assembly of unit owners' decision. If the majority cannot be reached, the court may be applied to with a justified reason.

Which situations are justified reasons?

Not giving account, neglect of duty, improper/undocumented spending and using apartment money personally are justified reasons.

Must the old manager give account?

Yes. The manager is liable like an agent; even after leaving office, they must give account for their period (KMK Art. 38).

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.