How Is an Apartment Manager Elected? The Election Process and Legal Requirements (KMK Art. 34)

When a manager election approaches in your apartment or complex, many questions arise: Who can be a candidate? How many votes are required? Can someone from outside be the manager? For how many years is the manager elected? The Turkish Condominium Law (KMK No. 634) gives clear answers to all these questions. In this guide, we explain how the apartment manager is elected, the legal steps of the election process, and frequently encountered situations.

Is Appointing a Manager Mandatory?

This depends on the size of your building. According to Article 34 of the Turkish Condominium Law, if the main property has eight or more independent units, appointing a manager is mandatory. In buildings with fewer than eight independent units, electing a manager is not mandatory, but it is still recommended for the orderly conduct of management.

An important exception: If all units of the building are owned by a single person, that owner is already the manager by law; no election is needed.

How Is a Manager Elected? The Majority Requirement

The manager is appointed by the majority of unit owners both in number and in land-share ratio. This "double majority" requirement is very important and often confused:

• Number majority: Approval by more than half of the unit owners
• Land-share majority: Approval by owners representing more than half of the total land share

To be elected manager, a candidate must satisfy both of these majorities. For example, a candidate who obtains the number majority but fails to obtain the land-share majority cannot be elected manager.

Who Can Be Manager? External Election

Unit owners may entrust management to a person elected from among themselves or from outside. That is, the manager does not necessarily have to be a resident of the building; a professional from outside or a management company may also be appointed as manager (unless a provision in the management plan prevents it).

In addition, management may be entrusted to a single person or to a three-person board; in the latter case, a "management board" is formed.

When and for How Many Years Is the Manager Elected?

The manager is, as a rule, elected annually. The board of unit owners generally determines the manager at the ordinary meeting held at the beginning of each year. The term of office is one year; at the end of the term, the same person may be re-elected or a new manager may be chosen. In multi-block/complex properties, this term may be longer according to the management plan.

If a new manager is not elected when the term expires, the current manager continues to serve until a new one is elected; a management vacuum is not desired.

How Is the Election Meeting Held?

The manager election is held at a properly convened meeting of the board of unit owners. For the process to be valid:

1. Notice: All unit owners must be notified in advance of the meeting date, time, place, and agenda.
2. Meeting and quorum: The legal quorum is sought in the first round of the meeting; if not achieved, a decision can be made with attendees in the second meeting.
3. Voting: Voting is held for the manager candidates; the candidate who obtains the double majority is elected.
4. Recording in the decision book: The election decision is written in the decision book and signed by the attendees. If this step is skipped, the decision becomes legally problematic.

What If No Manager Can Be Elected?

If the unit owners meet but cannot elect a manager or cannot agree on management, management does not remain vacant. In this case, upon the application of one of the unit owners, the civil court of peace in the location of the building appoints a manager. The powers of this court-appointed manager (colloquially called "kayyum") are the same as those of an elected manager.

An important detail: The manager appointed by the court cannot be replaced by a board of unit owners decision until six months have passed from the date of appointment (unless there is a justified reason). Also, the right to apply to the court belongs only to the unit owners; tenants cannot make this application.

Summary

The apartment manager is elected by the number and land-share majority of the unit owners, generally on an annual basis. Election is mandatory in buildings with 8+ independent units. The manager may be from within or outside. The election meeting must be held in accordance with proper procedure and recorded in the decision book. If no election can be made, the civil court of peace appoints a manager.

The real work begins after the manager is elected: dues tracking, expense management, and accountability. Apt Yönet gathers all these tasks of the manager on a single panel, easing the post-election management process — dues, debts, expenses, and reporting are handled automatically.

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Frequently Asked Questions

How many votes is an apartment manager elected with?

Elected by the majority of unit owners both in number and in land-share ratio. Both majorities must be satisfied together.

Can someone from outside be an apartment manager?

Yes. The manager does not have to be a building resident; a person from outside or a management company may also be elected.

In how many units is electing a manager mandatory?

Appointing a manager is mandatory in buildings with 8 or more independent units.

What happens if no manager can be elected?

Upon the application of one of the unit owners, the civil court of peace appoints a manager. This manager cannot be replaced for 6 months.

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This content is for general informational purposes and does not constitute legal advice.