Having more than one person own an apartment is one of the most frequently confused issues in apartment and complex managements. Most common beliefs such as “Half of the apartment is mine, so I cast half a vote in the meeting”, “I live there, so I cast the vote” are legally incorrect. The Condominium Law No. 634 (KMK) has established clear rules on how voting rights are to be exercised in independent sections with shared (co-owned) property. Ignorance of these rules can lead to the cancellation of meetings and decisions, especially in high-value decisions such as urban transformation. In this article, we explain all aspects of the voting rights of co-owned apartment owners in the general assembly of property owners.

What Does a Shared (Co-owned) Independent Section Mean?

When an independent section is registered under more than one person’s name in the land registry, it refers to shared (joint) or collective (undivided) ownership. For example, an apartment owned equally by spouses, an apartment inherited by multiple heirs, or an independent section jointly purchased by two siblings are examples of shared ownership. The important point is this: Regardless of the number of shares, there is legally only one independent section, and this section is represented by a single will in the general assembly of property owners.

Basic Rule of KMK Art. 31: One Independent Section = One Vote

According to Article 31 of the Condominium Law, every property owner has one vote, regardless of their land share ratio. This means an apartment with a land share of 120/1478 and an apartment with a land share of 36/1478 are equal in terms of vote count; both are one vote. The land share is only important in the calculation of the double majority (numerical and land share majority) in KMK Art. 30 and in the calculation of the co-owner majority under Law No. 6306.

If a person owns more than one independent section in the same building, a separate voting right arises for each; however, this person’s total vote cannot exceed one-third of all votes. This limit is an important balance that prevents a single owner from dominating the management.

How to Vote in a Shared Apartment? Single Representative and Power of Attorney Requirement

The most critical provision of Condominium Law (KMK) article 31 is this: If an independent section has more than one owner, they are represented in the general assembly of condominium owners by one person from among them to whom they grant power of attorney. The practical consequences of this are:

Firstly, all co-owners can attend the meeting and speak during discussions, but only one person casts the vote. Secondly, for this person to be able to vote, they must obtain a power of attorney from the other co-owners. If one of the co-owners votes on their own without a power of attorney from the others, this vote does not reflect the entire independent section and is legally invalid. Thirdly, the size of the share percentage does not change this rule; even a co-owner with a 90% share cannot cast the vote for the independent section alone without obtaining a power of attorney from the co-owner with a 10% share. If one of the owners is legally incompetent (a minor or restricted), their legal representative represents them.

Form and Proof of Power of Attorney

The law does not stipulate a special formal requirement, such as a power of attorney prepared by a notary public, for representation in the condominium owners’ assembly. Power of attorney can be given with a written document, and for ease of proof, it can also be documented in writing via short message, email, or messaging applications. However, it should be emphasized that when a lawsuit is filed for the annulment of a decision, it is necessary to prove that the person who cast the vote was indeed an authorized representative. Therefore, instead of relying on an oral power of attorney, always preparing a written document is of great importance. Inability to prove the power of attorney means that the vote, and consequently the quorum, will be open to dispute.

Limits of Proxy: The 5% Rule and the “Two-Person” Exception

According to the limitation introduced with the amendment in 2007, a person cannot be appointed as a proxy to cast more than five percent of the total votes. However, in properties with forty or fewer independent sections, one person can represent a maximum of two individuals by proxy. Since most apartments fall into this second category, it should be remembered that in practice, one person can represent a maximum of two owners by proxy. Votes cast with proxies collected by exceeding this limit may be deemed invalid.

The Misconception of “I Live Here, So I Vote”: Actual Residency Has No Effect on Voting Rights

The most common mistake encountered in practice is for the shareholder or tenant actually residing in a shared apartment to assume they automatically have voting rights. However, voting rights are not dependent on who resides in the apartment, but on the title deed owner status. Actually residing in an apartment does not grant that person the authority to cast votes on behalf of the entire independent section without a proxy from the other shareholders. Similarly, a tenant cannot vote unless they have a written proxy from the owner; tenants, usufructuaries, or holders of a right of residence generally cannot vote in the board.

Duplex and Attic (C.A.P.) Apartments Appearing as a Single Unit in the Title Deed

A common situation, especially in apartments with an attic floor (C.A.P.) or duplex apartments, is that the apartment may be physically divided into lower and upper floors, and even used by different people; however, it is registered as a single independent section in the title deed. In this case, voting rights are determined not by the actual physical division, but by the status of the independent section in the title deed record. This means that even if there are physically two separate living areas, as long as it is a single independent section in the title deed, that property is represented by a single vote in the board, and shareholders are represented by a person they authorize with a proxy from among themselves. Since whether these units are truly a single independent section or separate independent sections in the title deed directly affects the calculation of votes and quorum, it must be confirmed from the current title deed record (TAKBİS).

Why Is This So Important? Urban Transformation and the Risk of Decision Annulment

The importance of these rules does not arise in ordinary maintenance and repair decisions, but in decisions that directly affect ownership. In urban transformation processes under Law No. 6306, decisions regarding demolition and reconstruction, and the signing of contracts with contractors, are made by a simple majority of stakeholders based on their share ratios. In this calculation, it becomes critical who casts the votes for shared apartments and with what authority. A vote cast without proxy can lead to an incorrect calculation of the quorum; and a decision made with an incorrect quorum can lead to the annulment of the decision or, in some cases, its absolute nullity. The annulment of urban transformation decisions worth millions of liras due to a simple representation/proxy error causes victimization for all owners.

Frequently Asked Questions (FAQ)

I own half of an apartment’s share, do I cast half a vote in the meeting?
No. Regardless of your share ratio, an apartment, as a single independent unit, has one vote. You and the other shareholder will cast the single vote by giving proxy to one of you.

What happens if the other shareholder does not attend the meeting and does not provide a proxy?
If a proxy cannot be obtained, the vote of the independent unit cannot be exercised properly. In this case, the vote of that unit may not be included in the quorum; in case of dispute, the shareholders’ consent will be sought. Therefore, it is essential that proxies are prepared in writing before the meeting.

Does the power of attorney necessarily have to be notarized?
The law does not require notarization; a written document is sufficient. However, to avoid proof issues in a potential annulment lawsuit later on, it is strongly recommended that a written and dated power of attorney be prepared.

I live in the apartment, my sibling is in another city. Can I cast the vote?
Your residence in the apartment alone does not grant authority. You need to obtain a written power of attorney from your sibling (the other co-owner).

Can a tenant cast a vote on behalf of the owner at the meeting?
They can only do so with a written power of attorney provided by the owner. A tenant’s vote without a power of attorney is not valid.

If the title deed shows a single apartment but the attic is physically divided into two, will there be two separate votes?
No. As long as there is only one independent section on the title deed, there will be only one vote. A separate voting right arises only if separate independent sections are created on the title deed.

Is a decision made with a vote cast without a power of attorney valid?
This vote can disrupt the quorum and the decision may be subject to an annulment lawsuit. This risk is particularly high in urban transformation decisions.

Why is Expert Lawyer Support Necessary?

The voting rights of co-owned apartment owners, though seemingly simple at first glance, practically involve many technical issues such as the validity of the power of attorney, its proof, the limits of the power of attorney, the title deed status of duplex/Ç.A.P. apartments, and quorum calculation. A single erroneous vote can lead to the invalidity of the entire meeting and the decisions made. Therefore, it is of great importance for both apartment and complex managements and co-owners to seek support from an expert lawyer, from the meeting invitation to vote calculation and the preparation of the decision minutes.

2M Law Firm, with its experienced team in condominium ownership and urban transformation disputes; provides services for the proper conduct of general assembly meetings of co-owners, the correct establishment of power of attorney and representation relationships, the auditing of votes and quorum calculations, and the initiation or defense of lawsuits for annulment of decisions. Our office, which offers regular legal support to managements within the scope of Istanbul apartment management consultancy; especially in voting right disputes experienced in buildings with a high concentration of co-owned independent sections and shared apartments, ensures that the process is correctly structured from the outset. Apartment residents and managers looking for a Tuzla lawyer can prevent both loss of rights and the risk of invalid decisions by working with a specialized condominium ownership lawyer.

This article is for general informational purposes only and does not constitute legal advice. For an assessment specific to your situation, please contact 2M Law Firm.