Introduction

Condominium unit owners’ meetings play an important role in the lawful operation of apartment and complex managements. The legitimacy of decisions made at these meetings is strictly dependent on whether the attendees are authorized. However, in practice, it is observed that in some condominium unit owners’ meetings, participation is secured and votes are cast using forged powers of attorney. Such situations lead to serious legal consequences, both in terms of criminal liability and the validity of the decisions.

1. Criminal Consequences of Using a Forged Power of Attorney

A person who attends the meeting of apartment owners with a forged power of attorney created in the name of the apartment owner, without a power of attorney signed by the apartment owner, commits the crime of “forgery of a private document”. Because Article 207 of the Turkish Penal Code stipulates: “A person who fraudulently prepares a private document, alters it in a way that deceives others, or uses it knowing it to be fake, shall be punished with imprisonment from one to three years.” This article comes into play in cases where a fake power of attorney is prepared or the content of an existing power of attorney is altered. Therefore, an investigation will be launched against a person who prepares a fake document and attends the board of apartment owners using this document for the crime of forgery of a private document, and at the end of the trial, their punishment with imprisonment becomes inevitable.

2.  Legal Consequences of Using a Forged Power of Attorney

a. General Assembly Decisions Being Absolutely Null and Void (Deemed Invalid)

If the use of a fraudulent power of attorney directly affects the quorum for a meeting or decision, and thereby enables the general assembly to be held or a decision to be made, these decisions are considered absolutely void. In other words, decisions made at a general assembly meeting attended by individuals not authorized to represent with a fraudulent power of attorney are invalid. In this context, if it is determined that the quorum for the meeting could not have been met or the required quorum for the decision taken at the general assembly could not have been reached if the person had not attended the meeting with a fraudulent power of attorney, then that meeting will be considered invalid, and the decisions made will also be deemed invalid. In such a case, the court will simply ascertain that the decisions made are invalid, without even issuing an annulment decision.

b. General Assembly Resolutions Being Vitiated by Relative Nullity (Annulment)

If the use of a fraudulent power of attorney did not affect the meeting and decision quorums, even if the decisions made are formally valid, they are evaluated within the scope of annulment under the Condominium Law, Civil Code, and principles of good faith. In this case, decisions can only become invalid through an annulment lawsuit filed within the prescribed period.

Votes cast with a fraudulent power of attorney are considered invalid. If, when these votes are excluded, the meeting and decision quorums cannot be met, the decision is invalid. If the votes do not affect the outcome, the decisions are considered legally valid. However, in this situation, judicial intervention can be sought to request that the decision made be evaluated within the scope of annulment.

3. Cases where the power of attorney is fraudulent or invalid

Situations that may lead to a power of attorney being deemed invalid are evaluated in terms of both formal and substantive elements. Firstly, if the signature on the power of attorney is forged, meaning that the grantor did not actually sign this document and it is understood that this person did not actually grant the power of attorney, this indicates that the power of attorney is invalid from the outset. Furthermore, if the grantor lacks legal capacity (for example, being deprived of the capacity to discern), the given power of attorney is also invalid. In addition, if the power of attorney does not contain the mandatory elements — especially if information such as the number of shares specified in the legislation is missing — it constitutes a violation of imperative provisions and renders the power of attorney void. Practices such as the scope of the power of attorney being vague, insufficient, or openly drafted for subsequent years, when it should only cover a specific general assembly, or the power of attorney being submitted after the general assembly meeting, also invalidate the power of attorney.

Conclusion

Participating and voting in a condominium owners’ board meeting with a forged power of attorney leads to severe consequences under both criminal law and private law. Under criminal law; the crime of forgery in a private document occurs. Under private law, if the votes cast with a forged power of attorney affect the meeting and decision quorum, the decisions are considered invalid. If the votes do not affect the meeting and decision quorum, the annulment of those decisions upon application comes into question. Therefore, ensuring authorized representation in general assemblies, auditing powers of attorney, and conducting detailed examinations by judicial authorities in case of dispute are of great importance. An article suggestion.

Why is an Expert Tuzla Lawyer’s Opinion Necessary?

In condominium owners’ board meetings, the validity of powers of attorney and ensuring proper representation are critically important for the legal legitimacy of the meetings. The use of forged powers of attorney leads to serious consequences under both criminal law and private law. According to the Turkish Penal Code, drafting and using a forged document is a crime of ‘forgery in a private document’ and is punishable by imprisonment.

Furthermore, if the use of a forged power of attorney affects the meeting and decision quorum, the decisions made are absolutely considered invalid. If it does not affect the decision quorum, the decisions can be annulled through an annulment lawsuit. Therefore, the validity of powers of attorney must be meticulously examined in terms of both formal and substantive elements.

Regional experts, such as lawyers in Tuzla, Pendik, Kartal, Maltepe, Gebze, Tepeören, Orhanlı, Aydınlı, and Çayırova, ensure the prevention of possible forgery or irregularities by supervising the legal compliance of powers of attorney. To prevent meetings from being deemed invalid and to minimize legal issues, it is essential for these experts to follow the process. Thus, the rights of the owners are protected, and legal risks are minimized.

In summary, due to legal issues that may arise in power of attorney transactions during condominium owners’ board meetings, consulting an expert lawyer in Tuzla and its vicinity is of great importance in preventing loss of rights and ensuring the correct management of legal processes.