How Is the Assembly of Unit Owners Convened? Quorums

In an apartment, important decisions are taken at the assembly of unit owners. However, for this meeting to be valid and for the decisions taken to have effect, certain rules must be followed. The questions "how many people are required for the meeting, and how are decisions taken?" are important and often confused in practice. In this guide we explain how the assembly of unit owners is convened based on Article 30 of the Condominium Ownership Law No. 634 (KMK).

What is the assembly of unit owners?

The assembly of unit owners is the body that consists of all the owners of independent units in the apartment and is the highest authority managing the apartment. All important decisions such as manager selection, dues and works to be done are taken by this assembly. The assembly is the "decision-making body" of the apartment; the manager is the executive body that implements these decisions. The assembly's proper convening is essential for the validity of the decisions taken.

When does the assembly meet?

The assembly of unit owners meets in two ways: ordinary and extraordinary. Ordinary meetings are held at the times specified in the management plan; if not specified, at least once a year. Extraordinary meetings can be held when an important reason arises, at the request of the manager or the auditor or of one-third of the unit owners. The assembly can therefore meet both regularly and extraordinarily when needed.

Meeting quorum (first meeting)

The attendance number required for the meeting to be valid is called the "meeting quorum". Under the law, the assembly of unit owners is convened with more than half of the unit owners in terms of both number and land share (KMK Art. 30). For the first meeting, more than half of both the number of owners and the land share must be present. If this double condition is not met, the first meeting cannot be held.

Second meeting: no quorum required

What happens if the quorum is not met at the first meeting? The law provides for a second meeting for this. If the first meeting cannot be held, the second meeting is held at the latest fifteen days later (KMK Art. 30). At the second meeting, no meeting quorum is required; the meeting can be held regardless of how many attend, and decisions are taken by the majority of those attending. This prevents a minority from locking the management by not attending the meeting.

Decision quorum: different from meeting quorum

The most confused topic is this: meeting quorum and decision quorum are different. The meeting quorum is the attendance required for the meeting to open. The decision quorum is the vote required for a decision to be taken. General decisions are, as a rule, taken by the majority of those attending the meeting. However, some important decisions (such as manager selection and changes to common areas) require a higher, special majority. These special majorities are required even at the second meeting.

How is the meeting called?

The assembly meeting is held with a proper call. The meeting date, time, place and agenda must be notified to all unit owners in writing in advance. The law regulates the interval between the first and the second meeting and the form of the call. Decisions of an assembly held without a proper call may be annulled later. It is therefore important that the call be documented and made in time.

Summary

The assembly of unit owners is the highest decision-making body of the apartment and meets in ordinary (at least once a year) or extraordinary form. The first meeting requires more than half of the number and land share; if not met, the second meeting is held at the latest 15 days later without a quorum. Meeting quorum and decision quorum are different; general decisions are taken by majority, while special matters require a higher majority. The call must be proper and documented.

Keeping the meeting call, agenda and decision records in order is critical for management. Apt Yönet consolidates meeting announcements and decision records in a single panel, providing an orderly and documented infrastructure for assembly processes.

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Frequently Asked Questions

How many people are required for an apartment meeting?

At the first meeting, more than half of the number of owners and the land share is required. At the second meeting, no quorum is required (KMK Art. 30).

What happens if the first meeting cannot be held?

The second meeting is held at the latest 15 days later, and decisions are taken by the majority of those attending without a meeting quorum.

Are the meeting quorum and the decision quorum the same?

No. The meeting quorum is the rate required for opening the meeting, the decision quorum is the rate required for taking a decision.

How is the meeting called?

The date, time, place and agenda must be notified to all owners in writing in advance; decisions taken with an improper call may be annulled.

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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.