What Is Manager Release? Manager Discharge at the General Assembly (KMK)

The most misunderstood agenda item at apartment general assembly meetings is "the release of the manager and auditors." Many people think release means "clearing the manager of everything." However, release has a much more limited and specific legal meaning. In this article, we explain what release is, what it is not, and its limits, according to the Turkish Condominium Law (KMK) and Court of Cassation decisions.

What Does Release Mean?

Release means "clearing, absolution" literally. In apartment management, release is the manager\'s giving account of the work done, expenditures made, and decisions taken during the management period before the general assembly, and the unit owners\' examining and approving this account.

The important thing is this: Release is not "forgiveness" or "ignoring faults." It is an "approval" transaction. If the unit owners examine the income-expense table, invoices, and receipts presented by the manager and are convinced that management was conducted in accordance with proper procedure and honestly, they release the manager.

How Is Release Done?

Release is voted on at the annual ordinary general assembly meeting. The manager\'s accountability process works as follows: The manager presents the activity report for the management period (collected dues, expenditures made, decisions taken). Unit owners examine this report and its annexes and ask questions. If there is an auditor\'s report, it is read. Then the release vote is taken.

The release decision is taken by the number and land-share majority of the unit owners.

Critical Point: Release Does Not Relieve the Manager of Everything

This is where the most common mistake is made. Many people think, "If the manager is released, they are no longer responsible for anything." This is wrong.

According to the established case law of the Court of Cassation (18th Civil Chamber decisions), the release of the manager — who is liable to the unit owners as a proxy under Article 38 of the KMK — by the general assembly does not mean the manager is cleared of all accounts and transactions during the management period. If, after release, an examination reveals corruption or irregularity in the keeping of books and records, in dues and advance accounts, or in expenditures, the manager cannot escape liability by saying "I was released."

The legal principle is clear: A debt or irregularity that was not known and could not be understood at the outset, and could emerge with subsequent examination, is not covered by the release. That is, the release covers only the transactions that the unit owners could know at that moment and that they approved; it does not cover hidden embezzlement or irregularity.

The Limits of the Manager\'s Liability

The manager is liable as a proxy under KMK Art. 38 and compensates for the damage suffered by unit owners due to failure to perform the duty intentionally or negligently. However, according to the Court of Cassation, there are limits to this liability: the manager\'s liability is limited to the period they served; they cannot be personally held liable for the period after their duty ended. Also, for example, in social security premium penalties, the manager\'s liability may be limited to late-payment penalties arising from their own fault; the actual premiums are paid by the unit owners.

What Happens If the Manager Is Not Released?

Technically, a manager who is not released may continue in office if their term has not been ended by the general assembly; however, since trust is shaken, this is difficult in practice. More importantly, legal and criminal proceedings may be initiated against the non-released manager; if there is damage, a compensation lawsuit may be filed.

Summary

Release is the approval by the general assembly of the manager\'s accounts for the management period; it is not clearing but approval. It is done with the number and land-share majority. The most critical point: Release does not absolutely absolve the manager; subsequent irregularities or embezzlement create liability despite the release.

A healthy release process requires transparent and complete account records. Apt Yönet automatically keeps all income-expense, dues, and expenditure records, enabling the manager to give clear and auditable accounts at the general assembly — protecting both the manager and giving unit owners confidence.

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Frequently Asked Questions

What does manager release mean?

It is the examination and approval by the general assembly of the manager\'s accounts for the management period. It is not clearing but approval.

Is the released manager not responsible for anything?

No. According to the Court of Cassation, subsequent irregularities or embezzlement create liability despite the release.

By how many votes is release done?

By the number and land-share majority of the unit owners.

What happens if the manager is not released?

Legal/criminal proceedings may be initiated; if there is damage, a compensation lawsuit may be filed.

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