How Is the Board of Unit Owners Convened? A Guide to Decision Quorums

What Is the Board of Unit Owners?

The board of unit owners is the highest decision-making body composed of all independent-unit owners in an apartment building or residential complex. From appointing a manager to setting the dues, from ordinary use of common areas to major repair decisions, everything falls under its authority. The manager is the person who carries out the decisions taken by the board; the manager cannot replace the board and make decisions alone.

Under the Turkish Condominium Law (Kat Mülkiyeti Kanunu — KMK), the board must meet in ordinary session at least once a year. The meeting date is specified in the management plan; if not specified, the meeting is expected within the first month of each calendar year.

The Difference Between Ordinary and Extraordinary Meetings

There are two types of meetings. The ordinary meeting is the routine annual meeting where the accounts of the past period are reviewed and the new period's budget and manager are determined. The extraordinary meeting is held when an urgent or special matter arises.

An extraordinary meeting may be convened at the written request of one-third of the unit owners or upon the manager's summons. The notice must be delivered in writing to all owners at least fifteen days before the meeting date. If this notice requirement is skipped, the decisions taken at the meeting may be procedurally invalidated.

Decision Quorums

This is the most frequently confused topic. The required majority varies according to the type of decision:

• At the first meeting, the general rule is that more than half of the unit owners must attend both in number and in land-share ratio (attendance quorum). Decisions are taken by a simple majority of those present.
• If the majority cannot be reached at the first meeting, the second meeting is held one week later, and decisions may be taken by a simple majority of those present; no attendance quorum is required.
• For some important decisions (for example, construction in common areas or works that change the exterior appearance of the main property), the law requires heavier majorities — in some cases, even unanimity.

For this reason, before taking a decision, it is necessary to check which quorum applies to that decision. A decision taken with the wrong quorum may be annulled in court at the request of an objecting owner.

Putting Decisions in Writing: The Decision Book

Every decision taken is written in the notarized decision book and signed by those attending the meeting. Without the decision book, proving decisions becomes difficult, and their validity becomes disputable. In a digital management system, meeting minutes, votes, and decisions are recorded systematically, making both proof easier and past-period decisions instantly accessible.

What Should an Owner Who Cannot Attend Do?

If an owner cannot personally attend the meeting, they may authorize someone else as their representative through a written power of attorney. However, if the management plan contains a special limitation regarding representation, that limitation applies. An owner who does not attend the meeting at all and does not send a representative is bound by the valid decisions taken; they cannot claim that a decision does not bind them simply because they were absent.

Common Mistakes

• Failing to comply with the notice period: Board decisions taken without the fifteen-day written notice may be invalidated.
• Wrong quorum: Passing a matter requiring unanimity with a simple majority makes the decision open to annulment.
• Not entering decisions in the book: Verbal agreement is legally weak; every decision must be recorded in the book.

Related Topics

We covered the written record of decisions in our decision book article, objections to decisions and annulment lawsuits in our decision annulment article, and the practical organization of meetings in our apartment meeting article.

This content is for informational purposes. For legal decisions specific to your building, refer to your management plan and, if necessary, obtain the opinion of a legal counsel.