The change of a site manager or the appointment of a new manager is carried out in accordance with the provisions of the Condominium Law (KMK). The path to be followed in this process may vary depending on who appointed the current manager. In this article, fundamental issues such as how the manager will be changed, under what conditions the civil court of peace can be applied to, and in which situations the board of co-owners needs to intervene will be addressed.

General Legal Basis for Manager Appointment

Article 34 of the Condominium Law regulates the management of the main property and the appointment of a manager. According to the Law, the management of the main property belongs to the board of co-owners.

Appointment of a Manager by the Board of Co-owners

The primary method for appointing a manager is for the co-owners to convene and elect a manager. The manager can be one of the co-owners or an external individual. The management plan may contain specific provisions regarding the election of a manager.

Appointment of a Manager by the Civil Court of Peace

If the apartment owners cannot agree on the management of the main property or convene and appoint a manager, a manager may be appointed by the civil court of peace of the location where the property is situated, upon the application of one of the apartment owners. The court appoints the manager after hearing the other apartment owners, if possible. The manager appointed by the civil court of peace has all the powers and is subject to all the responsibilities of a manager appointed by the apartment owners. In the event that a manager is not elected, the conditions for a manager to be appointed by the court are deemed to have been met.

Legal Avenues for Changing the Current Site Manager or Appointing a New Manager

While there is an existing manager, the process of changing them or appointing a new manager depends on who appointed the current manager:

Changing the Manager Appointed by the Board of Apartment Owners:

If the current manager was appointed by the board of apartment owners, the authority to change the manager or appoint a new manager primarily belongs to the board of apartment owners. The apartment owners can change the manager and elect a new one through ordinary or extraordinary meetings.

If a manager has been elected by the board of apartment owners and is still in office, a new manager cannot be directly appointed by the civil court of peace. For the court to appoint a manager, there must either be a management vacuum or the apartment owners must have failed to appoint a manager despite the legal conditions being met (such as inability to agree or appoint).

If the decision taken by the board of property owners to appoint a manager is against the law, a lawsuit can be filed for its annulment. Typically, along with the lawsuit for the annulment of the board of property owners’ decision, a request for the appointment of a new manager can also be made to the court. However, even if the court annuls the decision of the board of property owners, it may decide that the matter of selecting a new manager should first be evaluated by the board of property owners, meaning it may not appoint a manager on its own.

In some cases, a property owner who wishes to change the manager or appoint a new manager may first be required to apply to the board of property owners in accordance with the relevant articles of the Condominium Law.

Changing a Manager Appointed by the Civil Court of Peace: A manager appointed by the Civil Court of Peace cannot be changed by the board of property owners unless six months have passed since their appointment. However, if a justifiable reason arises, it is possible for the Civil Court of Peace that appointed them to allow (permit) the change. The sources do not elaborate on what constitutes a “justifiable reason,” but allegations such as the manager not performing their duties properly may arise.

After a manager is appointed, there are various legal avenues under the Condominium Law (KMK) for changing the existing manager or appointing a new one. These avenues may vary depending on who appointed the manager and the nature of the current situation.

Why is an Expert Opinion Important?

Operations related to apartment and complex management are subject to certain procedures within the framework of the Condominium Law. However, in practice, there are many technical details concerning issues such as manager selection, meeting calls, majority vote, and decision annulment. Procedural errors can lead to the invalid election of the manager or the annulment of decisions.

Such problems are frequently encountered, especially in rapidly urbanizing districts of Istanbul, such as Maltepe, Pendik, Kartal, and Tuzla. In large complexes with numerous independent units, the validity of administrative decisions is of vital importance.

Therefore, consulting a legal expert on matters such as changing the manager, appointing a new manager, or applying to the court is of great importance to prevent unnecessary loss of time and potential violations of rights.