If the apartment manager fails to fulfill their duty to call an ordinary or extraordinary meeting within the specified period, can the flat owners make the meeting call themselves?

Yes, according to the Condominium Law, if the apartment manager fails to fulfill their duty to call a meeting, the flat owners can carry out this procedure themselves.

Steps Flat Owners Must Take

Written application to the manager: Flat owners, constituting a one-third majority, must request the manager to hold an extraordinary meeting and formally demand that they issue the call in writing. Flat owners cannot directly carry out these procedures themselves without first requesting the manager to initiate the extraordinary meeting call procedures. Application to the manager is a prerequisite. This step provides ease of proof in future proceedings. Making the written call via registered mail with return receipt or through a notary public helps eliminate potential problems regarding proof in the future.

If the manager fails to call the meeting: Despite the written request of one-third of the flat owners, if the manager fails to initiate the procedures for calling the meeting, neglects to do so, shows passive resistance, or rejects the request in writing, the flat owners, with the written request of at least one-third of the total owners, can call the meeting themselves. That is, if, despite the request, the manager does not prepare the necessary documents to call an extraordinary general meeting and does not notify the flat owners in writing or by mail, if they do not take action on this matter, the flat owners who requested the call can personally carry out these procedures. Because the flat owners are the principals. The manager is the agent. The principal can always perform the actions that the agent is supposed to perform. However, it is a prerequisite to first apply to the manager for this.

Call procedure:

A written invitation containing the meeting date, place, time, and agenda items must be sent to all flat owners. The invitation can be delivered by hand against signature, or via registered mail with return receipt. Notification must be made at least 15 days in advance.

Meeting and decision-making:

If properly called according to the invitation procedure, the assembly of flat owners can convene validly and make decisions by majority vote. At the extraordinary meeting held, a new manager can be elected with a double majority vote. A suggested article.

Why is Expert Legal Support Necessary?

One of the most common problems in apartment or site managements is the manager’s failure to call the board of flat owners to an ordinary or extraordinary meeting. This situation can lead to serious consequences such as the inability to make maintenance and repair decisions, the inability to determine common expenses, and even the stalling of the manager change process.

The Condominium Law no. 634 grants flat owners an important right if the manager fails to fulfill their calling duty. According to the law; at least one-third of the flat owners can personally make the meeting call when the necessary procedural conditions are met. However, the wrong or incomplete use of this right can lead to the cancellation of the meeting held and the decisions made.

Especially in large cities like Istanbul; in apartment buildings and complexes with many independent sections, particularly in Maltepe, Kartal, Pendik, Tuzla, the processes become more complex. It is of great importance that the meeting call is made in writing, the agenda is correctly determined, the 15-day notice period is observed, majorities are calculated correctly, and the decisions made are recorded in a legally compliant manner.

At this point, receiving support from a lawyer specialized in condominium law helps to ensure that;

The risk of decision cancellation due to an irregular meeting call is prevented,

Flat owners do not suffer loss of rights if the manager fails to perform their duty,

the call for an extraordinary general assembly is conducted in accordance with Law No. 634 on Condominium Ownership,

It ensures the prevention of loss of time and cost in potential lawsuits and disputes.

For decisions made in apartment and complex living to be valid, binding, and enforceable, proceeding with professional legal support from the beginning of the process contributes both to the benefit of the condominium owners and to ensuring administrative stability.