Sample Petition Requesting Judicial Intervention Against a Manager

What Is Judicial Intervention?

Article 33 of the Condominium Ownership Law (KMK) gives the wronged unit owner the right to apply to the Civil Court of Peace and request judicial intervention when the unit owner or tenant fails to fulfil their debts and obligations, or when a situation that makes common living unbearable cannot be resolved on its own. The judge hears the parties and may issue a decision to be applied within a specified period, according to the law, the management plan and fairness.

Before Applying

Before going to court, having reported the problem in writing and having granted a reasonable period forms a strong basis. The notary notice is the document of this stage; you can see our notice to management sample article. This gradual approach both gives a chance of resolution and strengthens your position in court.

Elements of the Petition

• The competent/authorised court (Civil Court of Peace)
• Plaintiff (applying unit owner) and defendant (manager/related person) information
• Subject and explanations (concrete violation/negligence)
• Previous written warnings (notice dates)
• Legal basis (KMK Art. 33 etc.) and clear request

Copyable Application Petition Sample (Full Text)

TO THE ……………… CIVIL COURT OF PEACE ON DUTY

PLAINTIFF: Name Surname, National ID No, ……………… Apartment/Complex, Unit No, Address

DEFENDANT: Name Surname of the Manager of ……………… Apartment/Complex (or the relevant unit owner), Address

SUBJECT: This is a request for judicial intervention and remedy of the violation under Article 33 of the Condominium Ownership Law.

EXPLANATIONS:

1. I am the owner of independent unit No. …… in ……………… Apartment/Complex.

2. The defendant, ……………… (as manager, has not submitted the period accounts / has not made the required repair / is occupying the common area / continues an action making common living unbearable).

3. Despite the written warning I gave via the notice dated …/…/20…, the violation has not been remedied (ATT-1).

4. Under Article 33 of the Condominium Ownership Law, the necessity of requesting judicial intervention for the remedy of the said violation has arisen.

LEGAL REASONS: Condominium Ownership Law No. 634, Code of Civil Procedure (HMK) and relevant legislation.

EVIDENCE: Notice, board of unit owners' decisions, management plan, witnesses and other evidence.

CONCLUSION AND REQUEST: For the reasons explained above, I respectfully request that the defendant be ordered to remedy the ……………… (specified violation/negligence) and that the necessary measures be taken, and that the trial costs be imposed on the defendant. …/…/20…

Plaintiff
Name Surname – Signature

ATT-1: Notice dated …/…/20… and service document

Filling Guide and Important Warning

This petition is a court application; the correct court, correct legal basis and procedural rules are critical. The wrong court or an incomplete petition may lead to loss of rights. Therefore consider this template as a draft and be sure to consult a lawyer before applying. Prepare the attachments (notice, decisions) completely.

After the Process

The court evaluates the application and may decide on the necessary measures. We covered the manager's legal liability in our risk management article, their duties and powers in our manager powers article, and the path to object to an assembly decision in our decision cancellation article.

Common Mistakes

• Going directly to court: The written notice process must first be exhausted.
• Application without documents: The notice and correspondence strengthen the application.
• Not consulting a lawyer: Court petitions require technical procedure; professional support is important.

This content and template are for information purposes only, as examples. Court applications are technical legal processes; be sure to consult a lawyer/legal advisor.