One of the most common impasses in apartment or site management is the inability to reach the manager and, consequently, the inability of the board of condominium owners to convene. The manager may have resigned, failed to provide their address, or is not responding to the condominium owners’ meeting requests. In this situation, the building becomes administratively gridlocked; common expenses cannot be collected, urgent decisions cannot be made, and a vacuum of responsibility arises.

The good news is that Condominium Law No. 634 (KMK) offers a clear roadmap to resolve this deadlock. In this article, as 2M Hukuk Law Office, we discuss the manager’s obligation to provide contact information, the procedure for condominium owners to personally hold a meeting when the manager evades, methods for address determination and notification, and as a last resort, the process of appointing a manager through the Civil Court of Peace, all in light of current legislation and court decisions.

1. Manager’s Obligation to Provide Contact Information and Administrative Fine

According to Article 34 of Condominium Law No. 634, the transparency of the manager’s contact information is a legal requirement. As per the article’s text, the manager’s name and surname, along with their work and home addresses, must be conspicuously displayed in a frame next to the main property’s door or at the entrance (Supreme Court 21st Civil Chamber – 2018/2496 – 2019/2633 – 08.04.2019).

This obligation is not arbitrary but a verifiable public order rule. This is because a condominium owner’s ability to know which address to reach the manager at, and where to direct their lawsuits and notifications, depends on this information.

In case of non-fulfillment of the obligation, upon the application of the relevant condominium owner, an administrative fine may be imposed on the manager or each of the board members (Court of Cassation 6th Civil Chamber – 2022/3890 – 2023/3698 – 07.11.2023). The penalty is imposed by the Civil Court of Peace where the main immovable property is located, upon application.

Important detail: In main immovable properties with eight or more independent sections, the appointment of a manager is already legally mandatory. Therefore, it is not possible to avoid this obligation by saying “there is no manager”; if there is no manager, one must be appointed, and if there is, their identity and address information must be announced.

2. Condominium Owners’ Meeting Procedure and the Manager’s Evasion

The procedure for holding the board of condominium owners’ meeting is regulated in Article 29 of the Condominium Law (KMK).

Extraordinary meeting procedure: In the event of an important reason; upon the request of the manager, auditor, or one-third (1/3) of the condominium owners, a meeting can be held by sending a signed invitation or registered letter to all owners at least fifteen (15) days prior to the meeting date, with the reason for the meeting also notified. This period starts from the date the invitation reaches (is served to) the condominium owner.

A vital point in practice: The call for an extraordinary meeting is not sufficient if merely posted at the apartment entrance or on the notice board. The formal requirement sought by law is either a call paper signed upon receipt or a registered letter with return receipt. Failure to comply with this form gives the co-owner who did not attend the meeting the right to request the annulment of all decisions made at the Civil Court of Peace. In other words, an irregular invitation can render months of effort futile.

What happens if the manager avoids their duties? If the manager avoids fulfilling their duties or holding a meeting, the co-owners can act personally. The Supreme Court has ruled that even if co-owners collect signatures from 1/3 of the owners to create the necessary conditions for an extraordinary meeting, and the management fails to hold the meeting, the co-owners can personally organize and hold the meeting (Supreme Court 20th Civil Chamber – 2017/1901 – 2017/6393 – 11.07.2017).

The usual sequential path to follow is: first, to apply to the management with a written petition and request a meeting; if no result is obtained, to personally hold the meeting by making a proper call with the signatures of 1/3 of the co-owners; and if this also cannot be implemented, to request the intervention of a judge.

3. Address Determination and Notification Procedures

In cases where the address of the manager or a co-owner is unknown, official records and research methods come into play.

The Supreme Court of Appeals has stated that in cases where the manager cannot be determined, their identity must be established by a police investigation, and furthermore, notifications can be made by determining the registered addresses of all condominium owners in the MERNIS system (Supreme Court of Appeals 21st Civil Chamber – 2018/6344 – 2019/6015 – 10.10.2019).

Notification Law, additional Article 1: If the independent section owner (or manager) does not provide an address, notifications are made to the person actually residing in that independent section. If there is no one actually residing in the independent section, a copy of the notification posted on the bulletin board at the entrance of the apartment building is deemed to have been made to the relevant person (Constitutional Court – 20/3/2014).

The critical condition here is this: The bulletin board method is valid only if it has been previously determined that no one is actually residing in the independent section. Direct use of the bulletin board without this determination renders the notification invalid (Supreme Court of Appeals 12th Civil Chamber – 2012/3846 – 2012/19285 – 05.06.2012).

4. Appointment of a Manager Through the Civil Court of Peace

If condominium owners cannot agree on the management of the main property, cannot convene and appoint a manager, or if the management becomes inoperable, legal action can be taken in accordance with the sixth paragraph of Article 34 of the Condominium Law (KMK).

Upon the application of one of the condominium owners, the Civil Court of Peace in the location of the immovable property can appoint a manager for the property (Constitutional Court – 19/11/2015). The manager appointed by the court has the same powers as a manager appointed by the condominium owners and is responsible to the condominium owners; their fee is covered by common expenses.

Nature of the lawsuit: The inability to hold a meeting due to the manager being unreachable or their address being unknown indicates that the building’s management is locked. In this case, the lawsuit for the appointment of a manager must be filed “without an opposing party” and the process should be conducted to fill a management void (Court of Appeals 18th Civil Chamber – 2014/21117 – 2014/19005 – 25.12.2014).

Importance of official records: The court cannot conclude that “there is no obstacle in management” based solely on party statements. If decision books cannot be provided or there are no official documents regarding the election of a manager, the court should proceed with appointing a manager (Court of Appeals 18th Civil Chamber – 2011/1649 – 2011/1911 – 15.02.2011).

Tendency in practice: In some cases, courts may prefer to appoint, instead of a direct manager, a representative with limited authority to convene and conduct an extraordinary general meeting. The essence here is for the will to manifest in the board of condominium owners; the judge’s intervention is limited to merely ensuring the meeting takes place.

5. Jurisprudence Notes to Consider

Management void and court intervention: The inability to hold a meeting due to the manager being unreachable or their address being unknown indicates that the building’s management is locked and paves the way for a lawsuit to appoint a manager without an opposing party (Court of Appeals 18th Civil Chamber – 2014/21117 – 2014/19005).

Periods for filing a lawsuit (annulment case): If an irregular meeting was held and a manager was elected because the manager could not be reached, it is critically important to file a lawsuit for the annulment of this decision within the statutory periods (1 month / 6 months) specified in Article 33 of the Condominium Law (General Assembly of Law – 2019/34 – 2022/654 – 17.05.2022). These periods are peremptory; if missed, the irregular decision may become valid.

Frequently Asked Questions (FAQ)

What happens if the manager does not post their name and address in the building? Upon the application of one of the condominium owners, the Civil Court of Peace where the main property is located may impose an administrative fine on the manager or each of the board members (Condominium Law Art. 34).

The manager is not calling a meeting; can the condominium owners hold a meeting themselves? Yes. One-third (1/3) of the condominium owners can personally hold an extraordinary meeting by issuing a call to all owners at least 15 days before the meeting date, either with a signed notice or a registered letter with return receipt (Condominium Law Art. 29; Supreme Court 20th Civil Chamber – 2017/1901 – 2017/6393).

Is it sufficient to just post the meeting announcement at the building entrance? No. The formal requirement stipulated by law for an extraordinary meeting is a signed notice or a registered letter with return receipt. An announcement posted only on the bulletin board does not fulfill this requirement and may lead to the annulment of the meeting.

We cannot reach the address of the manager or a condominium owner; how do we serve the notice? Address determination can be made through police investigation and MERNİS (Central Population Management System) records. If there is someone actually residing in the independent section, the notice is served to them; if it is determined beforehand that no one is actually residing there, a sample notice posted on the bulletin board is considered served (Notification Law additional Art. 1).

What can be done if apartment owners cannot agree on a manager at all? One of the apartment owners can apply to the Civil Court of Peace where the property is located, requesting the appointment of a manager (or a representative limited to conducting the meeting) through the court (Condominium Law art. 34/6).

Is it mandatory to appoint a manager in buildings with fewer than 8 apartments? It is not mandatory by law; however, it may have been made mandatory by the management plan. The appointment of a manager is mandatory in all cases for 8 or more independent sections.

How long do we have to cancel a manager elected through an irregular meeting? A cancellation lawsuit must be filed in the Civil Court of Peace within the deadlines stipulated in Condominium Law art. 33 (as a rule, 1 month / 6 months). If the deadline is missed, the decision may become valid.

Why is Expert Lawyer Support Necessary?

Although the inability to reach the manager or a management vacuum may seem like a simple “communication problem” at first glance, the legal process is extremely sensitive to formal requirements. Incorrect calculation of the 15-day notice period, insufficient collection of the 1/3 signature majority, posting the notification on the bulletin board without a MERNIS/police investigation, or missing the 1-month / 6-month deadlines stipulated in Condominium Law art. 33 can invalidate months of effort and lead to the annulment of decisions made.

In such disputes, the correct steps to be taken vary according to the specific case, the content of the management plan, and the number of independent sections. Ensuring that the extraordinary general meeting call is properly arranged, the non-adversarial manager appointment lawsuit is correctly structured, notification procedures are meticulously carried out, and a cancellation lawsuit is filed on time when necessary, must be secured under the guidance of an experienced lawyer in the field.

2M Law Office, founded by Attorney Meryem Günay, is a law firm headquartered in Tuzla on the Anatolian Side of Istanbul, serving the Pendik, Kartal, Maltepe, and Gebze/Kocaeli regions. It provides comprehensive consultancy and litigation services, primarily in the areas of condominium and apartment/complex management law, urban transformation, real estate, and common charges/management disputes, including lawsuits for appointing managers, annulment of condominium owners’ board decisions, extraordinary general assembly processes, and notification disputes.

If you cannot reach the manager in your apartment building or complex, if meetings cannot be held, or if you are experiencing a management vacuum, we recommend seeking expert legal support before suffering a loss of rights.