Is a Majority of Both Number and Land Share Required in the Second Meeting for the Election of a Site Manager?

Yes, the same voting ratio is valid for the election of a manager in the second meeting as well. The majority condition regarding both number and land share, as stated in Article 34 of the Condominium Law, is also sought even if the meeting is the second meeting.

This situation is an exception to the general provision of Article 30 of the Condominium Law regarding the quorum for decisions in second meetings. Although Article 30 of the Condominium Law states that if the quorum is not met in the first meeting, the quorum for decisions in the second meeting is the simple majority of those present, the same article says: “Provisions specifically stipulated in this law for quorum are reserved.” Article 34 of the Condominium Law also stipulates a special quorum (a majority of both the number and land share of all flat owners) for the election of a manager. This special provision takes precedence over the general provision.

In summary, the fact that the meeting where the manager is appointed is the second meeting does not eliminate the dual majority condition in the law. According to Article 34 of the Condominium Law (KMK), the decision regarding the election of the manager, even if it is the second meeting, requires appointment by the majority of the co-owners in terms of both number and land share. It is clear that the mandatory provisions in Articles 34 and 41 of the KMK are also required in the second meeting held without a quorum requirement, pursuant to the last paragraph of Article 30 of the KMK, and that although decisions can be made on general administrative matters with the majority of participants, no decision can be made for the election of a manager and auditor unless the dual majority, which is a legal condition, is met.

In light of these explanations, the condition of a majority of co-owners in terms of both number and land share, as stipulated in Article 34 of the Condominium Law, for the election of a manager, is a mandatory quorum that must be sought in all cases, regardless of whether the co-owners’ board meeting is the first or second meeting. Even if fewer owners attend the second meeting, the elected manager must have received the votes of the majority of all co-owners in terms of both number and land share. An article suggestion.

Why is an Expert Opinion Necessary?

Istanbul’s districts such as Tuzla, Pendik, Kartal, and Maltepe host large residential complexes containing numerous independent units. In such settlements, technical issues like meeting invitations, quorum calculation, and compliance with procedural rules are of great importance. Even the slightest procedural error made at the homeowner meeting can lead to the annulment of decisions by the court.

In situations where there are many legal details to consider, such as a second meeting, obtaining expert advice from a lawyer is of great importance for protecting the rights of homeowners.
Especially lawyers operating in the Tuzla, Pendik, Kartal, and Maltepe regions, due to their familiarity with local practices, can guide the valid conduct of homeowner association meetings.