Sample Resolution for Advertising and Antenna Leases

A Decision Requiring Unanimity

Article 45 of the Condominium Law defines certain transactions as important management acts requiring the unanimous consent of all owners. Leasing the building's external walls, roof or rooftop for advertising purposes is expressly included.

A simple majority is therefore not enough to place an advertising board on the roof or lease the façade for advertising; a single owner's objection blocks the decision.

In practice, leasing a rooftop for a telecommunications antenna is also treated as an important management act requiring unanimity. The safest course for such decisions is to obtain unanimity and record the signatures beneath the resolution.

Additional Requirements for Antennas

• The operator must hold the necessary permits and certificates
• Safety certificates and measurement reports must be available
• Location and technical details must appear in the contract
• Measures must protect the roof waterproofing during installation
• An obligation to restore the area at the end of the contract

Health concerns make this a contentious topic in buildings. Requesting measurement and certificate information from the operator before the decision and presenting it to the owners helps the process run smoothly.

Who Owns the Income?

Income from leasing a common area belongs to the owners' common account. It is recorded in the management account and shown as an income line in the operating budget.

Income retained by an individual or kept off the books creates liability for the manager. The resolution should state expressly where the income is to be recorded.

Copyable Assembly Resolution Sample

……………………… APARTMENT / COMPLEX

GENERAL ASSEMBLY RESOLUTION

Resolution No: ……    Date: …/…/20…

Agenda item: Leasing the building's roof/façade for ……………………… (an advertising board / an electronic communications station).

Total number of units: ……    Voting in favour: ……

RESOLVED: This matter, being an important management act requiring the unanimous consent of all owners under Article 45 of the Condominium Law, was discussed and the following was resolved unanimously.

1. The building's ……………………… (roof / south façade) shall be leased to ……………………… (company) for ……………………… under a contract to be concluded.

2. The term shall be …… years at a monthly rent of ………… TRY, to be updated annually in accordance with ……………………… (the agreed rate/index).

3. The income shall be paid into the building's common account and shown as an income line in the operating budget.

4. Any damage arising during installation or removal shall be borne by the tenant company, which shall take the measures needed to protect the roof waterproofing.

5. The tenant company shall obtain all permits, certificates and measurement reports required for its activity and provide copies to the management.

6. On expiry of the contract the area shall be restored and handed back.

7. The manager is authorised to sign and administer the contract.

Chair ……………… Signature    Secretary ……………… Signature

UNANIMOUS SIGNATURE LIST
Unit No — Full Name — Signature
…… — ……………… — ………
…… — ……………… — ………
(continues for all units)

Copyable Lease Agreement Sample

COMMON AREA LEASE AGREEMENT

LANDLORD: ……………………… Apartment/Complex, on behalf of the general assembly, Manager ……………… (Full Name), Address

TENANT: ……………………… (Company), Tax No ………………, Address

1. SUBJECT: The lease to the tenant of the ……………………… (roof / façade) of ……………………… Apartment/Complex, owned by the landlord, for the installation of ……………………… (an advertising board / communications equipment).

2. AREA: The leased area is approximately …… m², its location shown on the attached plan.

3. TERM: The agreement starts on …/…/20… and runs for …… years. It does not extend automatically unless the parties agree in writing.

4. RENT: The monthly rent is ………… TRY, payable on the …… day of each month into the building's common account with IBAN ………………. The rent is updated annually by ……………………….

5. PERMITS AND LIABILITY: The tenant must obtain all permits and certificates required for its activity. All liability arising from non-compliance rests with the tenant.

6. INSTALLATION AND DAMAGE: Installation is carried out with the landlord's knowledge. The tenant is liable for damage caused to the building or third parties during installation, use or removal, and must insure against that risk.

7. ACCESS: Access for maintenance shall be notified to the management at least …… days in advance and shall not disrupt use of common areas.

8. TERMINATION: The landlord may terminate if the tenant fails to pay for …… consecutive months or carries on its activity contrary to legislation.

9. HANDBACK: On expiry the tenant shall remove the equipment, restore the area and hand it back under a record.

10. DISPUTES: The courts and enforcement offices of ……………… shall have jurisdiction.

This agreement has been made in two copies and signed by the parties. …/…/20…

LANDLORD ……………… Signature    TENANT ……………… Signature

ANNEX: Unanimous assembly resolution and signature list

Filling Guide

Always attach the unanimous signature list to the resolution. A general statement in the minutes does not establish that unanimity was achieved.

State how the rent is updated. In long agreements a fixed rent becomes nominal within a few years.

Set out restoration and liability for damage as separate clauses. Damage to roof waterproofing produces high costs later.

After the Resolution

The agreement and resolution should be kept in the management file and transferred to the new management at handover. The income should appear in the operating budget and the auditor's report.

The matter should be put on the agenda before the term expires so that renewal or termination can be decided. Silence leads the parties to continue in practice and creates uncertainty.

Common Mistakes

• Deciding by majority: leasing for advertising requires unanimity.
• Keeping income off the books: common income belongs to the common account.
• No rent review clause: income erodes over long agreements.
• No insurance requirement: recovery becomes difficult if damage occurs.
• Not providing for restoration: damage remains on the roof after removal.

This content and these templates are for information only and are examples. Electronic communications installations are subject to separate legislation; obtain legal advice before contracting.