Irregular General Assembly, Forfeiture Periods, Interim Injunction, Request for Suspension, and Appointment of a Trustee
1. Type of Lawsuit and Competent Court
The lawsuit to be filed against the irregularities (such as call procedure, formation of the board, invalidity of proxies, etc.) experienced in the general assembly meeting of the condominium owners of the collective building, in accordance with Article 33 of the Condominium Law (KMK) no. 634, is a lawsuit for “Annulment of the Condominium Owners’ Board Decision” . In accordance with Annex-1 of the KMK, any dispute arising from the implementation of this law shall be resolved in Civil Courts of Peace. Therefore, with a request for the annulment of the island/parcel representatives’ election, an application must be made to the Civil Court of Peace located where the property is situated.
2. Eligibility for Application and Forfeiture Periods
In accordance with Article 33 of the KMK, the rights to file a lawsuit and the periods are as follows:
Attendees: Each floor owner who attended the board meeting but voted against the decision and had this recorded in the minutes (with a dissenting opinion recorded) , can file a lawsuit starting from the date of the decision within one month. Owners who attended the meeting but did not vote against or whose dissent was not recorded in the minutes do not have the right to file a lawsuit (Court of Cassation 18th Civil Chamber, 2014/13512 E.).
Non-Attendees: Any floor owner who did not attend the meeting can file an annulment lawsuit starting from the date they learned of the decision within one month, and in any case, starting from the date of the decision within six months.
Cases of Nullity and Absolute Invalidity: In cases where decisions are considered null and void or absolutely invalid (e.g., contravention of imperative provisions), no time limit is sought (Court of Cassation 20th Civil Chamber, 2017/10382 E. ). However, the Court of Cassation generally considers irregularities such as improper notice as annullable, not absolutely invalid, and thus subjects them to a time limit.
3. Example Grounds for Annulment and Procedural Irregularities
Notice Procedure: It is a mandatory rule that all floor owners must be notified at least 15 days in advance for extraordinary meetings. Failure to comply with this rule necessitates the annulment of decisions solely on this ground (Court of Cassation 20th Civil Chamber, 2019/334 E. ).
Validity of Powers of Attorney: The court must meticulously examine whether the powers of attorney used by proxy voters are in due form. Voting with powers of attorney that do not represent all shareholders of independent sections or are not submitted in due form is a ground for annulment (Yargıtay 20. HD, 2017/10382 E.).
Presiding Council and Elections: The court must determine, through expert examination, the failure to form the presiding council in due form and any quorum (majority of number and land share) errors in the elections.
4. Request for Interim Injunction and Stay of Execution
Along with a lawsuit for the annulment of general assembly resolutions, a request can be made for a provisional stay of execution of the resolutions taken (e.g., the powers of the elected management). In court decisions, these requests are seen to be put forward under the names of “stay of execution” or “interim injunction”. Courts can suspend the implementation of decisions if the condition of “prima facie evidence” is met (Yargıtay 20. HD, 2017/930 E.). However, requests for injunctions are rejected when no concrete evidence is presented or when irremediable harm cannot be proven.
5. Appointment of a Trustee and Re-election
Appointment of a Trustee/Manager: Pursuant to Article 34 of the Condominium Law (KMK), if the condominium owners cannot agree on the management of the main property or cannot convene to appoint a manager, a manager (in the capacity of a trustee) can be appointed by the court. In the event that a management vacuum occurs while an annulment case is ongoing, the appointment of a “temporary manager/trustee” may be requested (Yargıtay 20. HD, 2017/4875 E.).
Renewal of Election: The court does not conduct elections directly; however, when it annuls the election of a manager, it may appoint a temporary manager until a new management is elected or assign a representative to call an extraordinary general meeting (Supreme Court 20th Civil Chamber, 2017/3417 E.).
6. Locus Standi (Defendant Party)
An annulment lawsuit can be filed against the manager elected to represent the flat owners, as well as against all flat owners who participated in the decision with their affirmative votes. The Supreme Court considers directing the lawsuit solely against the manager sufficient for the establishment of parties (locus standi) (Supreme Court 18th Civil Chamber, 2014/3773 E.).
7. Secondary Sources and Analogical Assessments
The following points, although not direct condominium decisions, have been evaluated as secondary sources for similar processes:
Conditions for Precautionary Measure: In secondary sources, for the suspension of general assembly decisions, concrete evidence is sought indicating that a change occurring in the current situation would make it difficult to obtain the right (İzmir Regional Court of Appeals 11th Civil Chamber, 2024/1014 E. )
Conclusion: As a flat owner, you can file a lawsuit in the Civil Court of Peace within a one-month forfeiture period to annul unlawfully conducted general assembly and representative elections; in this lawsuit, you can request the suspension of the decisions and the appointment of a manager/trustee by the court to prevent a management vacuum. If the court determines the irregularity, it will annul the election and initiate the legal process (new election or appointment). A paper suggestion.
Kat malikleri kurulu kararının iptali için hangi dava açılır?
Toplu yapı veya site genel kurulunda alınan usulsüz kararlara karşı açılacak dava, Kat Malikleri Kurulu Kararının İptali Davasıdır. Bu dava, 634 sayılı Kat Mülkiyeti Kanunu m.33 uyarınca Sulh Hukuk Mahkemesi’nde açılır.
Genel kurula katıldım ama muhalefet şerhi koymadım, dava açabilir miyim?
Hayır. Toplantıya katılan kat malikinin dava açabilmesi için karara açıkça karşı oy kullanması ve muhalefetini tutanağa yazdırması zorunludur. Muhalefet şerhi yoksa dava hakkı da yoktur.
Toplantıya katılmadıysam iptal davası açma sürem nedir?
Toplantıya katılmayan kat maliklerinin süresi:
Kararı öğrendikleri tarihten itibaren 1 ay,
Her hâlde karar tarihinden itibaren 6 aydır.
Bu süreler hak düşürücü olup kaçırılması hâlinde dava reddedilir.
Genel kurul kararları dava süresince durdurulabilir mi?
Evet. İptal davası ile birlikte ihtiyati tedbir talep edilerek; yönetici seçimi, temsilci ataması veya alınan kararların uygulanması geçici olarak durdurulabilir. Ancak bunun için yaklaşık ispat ve telafisi güç zarar somut delillerle ortaya konulmalıdır.
Yönetici seçimi iptal edilirse site yönetimsiz mi kalır?
Hayır. Mahkeme, yönetim boşluğu oluşmaması için geçici yönetici (kayyum) atayabilir veya olağanüstü genel kurul yapılmasını sağlamak üzere temsilci görevlendirebilir.
Why is Expert Legal Support Necessary?
Annulment of co-owner board decisions is one of the types of lawsuits where procedural errors are most frequently made in practice, leading to irrevocable consequences due to forfeiture periods. These lawsuits do not merely involve “filing a lawsuit”; they require legal oversight and the establishment of a correct strategy from the beginning of the meeting process.
The main challenges encountered in condominium disputes are as follows:
The smallest delay ending the lawsuit due to forfeiture periods (1 month / 6 months)
Absolute adherence to procedural rules (call, agenda, quorum, formation of the board)
Incorrect structuring of evidence and proof techniques
Advancing requests for interim suspension and appointment of a trustee on the wrong legal grounds
Incorrect assessment of whether call, proxy, or election errors constitute “nullity” or “annulment”. Therefore, lawsuits regarding co-owner board decisions cannot be conducted with standard litigation practice.
Most Common Mistakes in Practice: missing the 1-month deadline, not having the dissenting opinion recorded in the meeting minutes, directing legal action towards the wrong person or persons, making a request for injunction without concrete evidence, misinterpreting the legal consequences of errors in the election of the board chairperson, proxy usage, and vote counting. These errors often result in the case being dismissed without entering into the merits and eliminate all possibilities for property owners to control the management.
Not Just Litigation, Preventive Legal Consultancy
The most accurate and lasting solution in condominium law consists of preventive legal measures taken before a dispute arises. For this reason, expert legal support is critically important not only after a lawsuit has been filed, but also before the general assembly meeting, during the meeting, and during the decision-making phase. Every meeting not conducted in accordance with procedures paves the way for future annulment lawsuits and management crises.
The main service areas requiring expertise in this context are; site management consultancy, condominium owners’ general assembly meeting consultancy, the preparation of ordinary and extraordinary general assembly call procedures in accordance with the Condominium Law, the method of electing the board chairperson, and ensuring the legal validity of the meeting minutes. Additionally, legal review of proxies, the creation of agenda items in a way that does not lead to annulment, and the correct calculation of quorum and votes in the elections of the manager and auditor are among the technical issues requiring professional legal support.
Thanks to the provision of these services before and during the meeting, it is possible to largely prevent lawsuits for the annulment of condominium owners’ board decisions that may be filed later, lengthy trials, and serious management problems.
Istanbul – Anatolian Side Focused Expertise
Throughout Istanbul, especially in Tuzla, Pendik, Kurtköy, Kartal, Maltepe, and the Anatolian Side; site and apartment management disputes, condominium owners’ general assembly annulment lawsuits, disputes regarding representative and manager elections, and requests for temporary injunctions and appointment of trustees are frequently encountered legal problems in practice.
In such disputes, for unit owners and site managements seeking a Tuzla condominium lawyer, Tuzla lawyer, Istanbul lawyer, or Condominium Law expert lawyer, working with a law firm that closely follows both local court practices and Supreme Court precedents plays a decisive role in the healthy conduct of the process.
Secure Legal Process with 2M Law Office
In this context, 2M Law Office, which has experience in numerous technical and procedural litigation areas, especially in condominium law, provides comprehensive legal support to its clients on matters of site management consultancy, unit owners’ general assembly meeting consultancy, cancellation of general assembly resolutions, interim suspension, and appointment of a trustee.
2M Law Office, throughout Tuzla, Pendik, Kurtköy, Kartal, and the Anatolian Side of Istanbul, safeguards its clients’ rights and interests through preventive consultancy before disputes arise, and through effective, fast, and results-oriented litigation tracking during the lawsuit phase.
