Appointment of a Trustee (Court-Appointed Manager) for the Apartment: Process and Requirements

"No one in our apartment wants to be the manager," or "We met but no one could obtain the required majority." In these situations, the building is left without management; bills are not paid and maintenance is delayed. The Turkish Condominium Law provides a solution to this management vacuum: the appointment of a manager by the court. In this guide, we explain the process colloquially called "kayyum" (trustee), with its legal basis.

What Is a Kayyum (Court-Appointed Manager)?

When unit owners cannot elect a manager from among themselves or from outside, upon the application of one of the unit owners, the civil court of peace in the location of the building appoints a manager. This court-appointed manager is colloquially called "kayyum"; legally, they are a manager operating under the supervision of the law and the court.

Let us correct an important misunderstanding: The appointment of a trustee is not a punishment, does not mean the apartment changes hands, and does not harm ownership rights. It is only a temporary measure that ensures the building\'s administrative, financial, and legal affairs are conducted by an impartial person until a normal manager is elected. Its legal basis is Article 34 of the Turkish Condominium Law.

In Which Situations Is a Trustee Appointed?

The basic reason is "management vacuum." Typical situations:

• Deadlock at the general assembly: A meeting is held, candidates emerge, but none can secure the number and land-share majority.
• Meeting not being held at all: Unit owners cannot meet due to indifference or dispute, and the building is left unattended.
• Disagreement on management: Unit owners cannot agree on management.

Note: One cannot wake up one morning and say "I don\'t like the manager, appoint a trustee." For a trustee, management must actually be deadlocked, and this must be documented.

Who Can Apply?

The right to apply to the court belongs only to the unit owners (title deed holders). Tenants cannot make this application. The application of just one unit owner is sufficient; not all owners need to apply together.

Application Process Step by Step

1. Documenting the management vacuum: The court asks for concrete evidence that a manager could not be elected. The unsuccessful general assembly meeting minutes, attendance list, and decision book entries prove this vacuum. The judge wants to see a good-faith election effort.
2. Statement of claim: The unit owner submits a petition to the civil court of peace in the location of the building. The petition includes the address of the apartment, that a manager could not be elected, the disruption this creates, and the request to appoint a manager under KMK Article 34.
3. Court review: The judge examines the petition and evidence; hears other unit owners if necessary or conducts an on-site inspection.
4. Appointment decision: If the request is found justified, the judge appoints a manager.

Who Does the Court Appoint as Manager?

The judge may select the manager from three different sources: an impartial person from among the unit owners, a third person from outside (usually a lawyer or accountant), or an institutional management firm. Even if the applying unit owner presents a candidate, the judge is not bound by this; the judge may appoint whomever they see fit.

The Difference of the Court-Appointed Manager

The court-appointed manager has a critical difference: Normally, the general assembly can convene and change the manager. However, the court-appointed manager cannot be replaced by a board of unit owners decision until six months have passed from the date of appointment (unless a justified reason arises). This period may be shortened by the appointing court in case of a justified reason.

Who Pays the Trustee\'s Fee?

The fee of the court-appointed manager is a common expense of the building. All unit owners pay this fee (according to the judge\'s decision, in proportion to land share or equally) together with the dues. Usually this fee is higher than the honorarium given to an ordinarily elected manager; this makes the trustee process costly.

Summary

When unit owners cannot elect a manager, upon the application of a unit owner to the civil court of peace, the court appoints a manager (trustee). This is a measure, not a punishment. Only unit owners can apply, the management vacuum must be documented, the appointed manager cannot be replaced for 6 months, and the fee is a common expense.

The best way to avoid falling into the trustee process is to keep management regular and transparent. Apt Yönet reduces the risk of management vacuum and dispute by keeping the entire management process — from meeting decisions to dues tracking — under record.

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Frequently Asked Questions

What happens if a manager cannot be elected in an apartment?

Upon the application of one of the unit owners, the civil court of peace appoints a manager (trustee).

Can a tenant request the appointment of a trustee?

No. The right to apply belongs only to unit owners (title deed holders).

Can the court-appointed manager be changed?

Cannot be changed for 6 months from the appointment unless there is a justified reason.

Who pays the trustee\'s salary?

All unit owners pay it as a common expense; the fee is determined by the judge.

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