The “majority in both number and land share” required for the election of a manager under Article 34 of the Condominium Law (KMK) refers to the two separate and jointly mandatory quorums necessary for the decision to appoint a manager to be valid. These two majority conditions must be met concurrently.

What is a Majority in Number: This means more than half of the total number of condominium owners in the main property. In other words, the number of condominium owners who vote in favor of the manager election decision must be greater than the absolute majority of all condominium owners in the building or complex. For example, in a main property with 14 condominium owners, a majority in number is 8 condominium owners; in a complex with 131 condominium owners, a majority in number is 67 condominium owners. If the decision for manager election is not made by the majority in number of the condominium owners, it is invalid. Regardless of the number of independent sections owned by a condominium owner, as a rule, one condominium owner has one voting right. However, the number of independent sections they own cannot exceed one-third of the total votes. When calculating the majority in number, the total number of condominium owners is taken as the basis, not the number of attendees at the meeting.

What is Land Share Majority: This means more than half of the total land share in the main immovable property. The total land shares of the independent sections owned by the flat owners who voted in favor of the manager election decision must be more than the simple majority of the total land shares of all independent sections in the building or site. For example, in a building with a total land share of 4120, the votes of owners with a land share of 1920 are not sufficient for a land share majority. In a building with a total land share of 280, a land share of 138 is not sufficient for a land share majority. A manager election decision is invalid if it is not made by the land share majority of the flat owners. When calculating the land share majority, the total land share is taken as the basis, not the total land share of those attending the meeting.

This “dual majority” (majority by number and land share), required by Article 34 of the Condominium Law, is a mandatory provision. Therefore, even if a quorum cannot be achieved at the first meeting of the board of flat owners, and even if a decision can be made by a simple majority of attendees on general administrative matters in a second meeting held without seeking a quorum, for the manager election decision, both the majority by number and the land share majority must be ensured in any case and absolutely. Decisions regarding the election of a manager made without achieving a dual majority are not valid. In cases where flat owners cannot convene and achieve this majority, a manager may be appointed by the court. An article suggestion.

Why is Expert Opinion Necessary?

In practice, numerous examples are encountered where managers are illegally elected or invalid decisions are made. Especially in rapidly developing regions such as Istanbul’s Pendik, Maltepe, Tuzla, Kartal and Kocaeli’s Gebze, these majority calculations can become complicated in large complexes. Incorrect calculation of the number and land share majority can lead to the risk of all decisions being annulled. Therefore, it is important to seek support from a condominium law expert lawyer in districts such as Pendik, Maltepe, Tuzla, Kartal at the beginning of the process.