Important Considerations for Residents

In accordance with the Turkish Condominium Law, 'property ownership' refers to ownership of independent units in an apartment block or community while people living inside these units are called 'residents'. Residents often appoint a representative, or a manager, to run the affairs of the community. The appointed manager discharges the duties specified in the management plans and the laws. Important as it is to have a competent manager or a Board at the helm, in most cases it takes more than a manager to have peace and order. There are also things residents must pay attention to if the apartment and community management are to achieve good governance. A manager cannot just keep things running smoothly by making sure residents comply with the community rules. True success can be achieved by involving residents in decision-making processes. Otherwise, problems arising from residents will remain unsolved, no what who the manager is. Accordingly, this blog will be about what residents should do or bear in mind for a peaceful coexistence.

Have you checked the management plan?

By purchasing a unit, the resident becomes bound by the management plan for his building. In other words, when you buy a unit, you must follow the management plan for your apartment block or community as a new resident. Therefore, when you buy a unit, you should first examine the management plan. According to the Property Ownership Law, management plans are binding contracts for residents and may be amended/revised as needed. A management plan doesn't have to remain the same all the time. The contract can be changed at any time by a four-fifths vote of all residents. Residents should check whether the contract provisions are in compliance with the laws and report it if they find anything that is missing. Residents can get the perfect management plan drawn up for them by seeking the opinion of a legal expert. All authority to do so rests with the residents. Remember, management plan is like a 'made-to-measure" dress that must fit all residents.

Do you ever have a look at your Working Capital?

Working capital refers to the budget of buildings/communities. The final shape of the budget also determines the service fees payable by each unit. A budget also helps warrant any annual raises to services fees. On paper, the working capital is worked out by residents as per 37 (1) of the Turkish Condominium Law, but since it is mostly not possible, it is the management that usually handles the issues related to the working capital. It is discussed and put forward for approval at annual meetings. Residents must carefully go through the working capital and if they find any aspects of it which they believe need changing, they must bring it up at the covenant for residents. Residents disagreeing with the final version of the working capital can always take matters to court. Setting a legal and economical basis for service fee raises the working capital is a vital component of housing management that residents should be vigilant about for their own interests. Working capital merits a thorough review and scrutiny as they are the basis for raising service fees, if not for anything else.

Do you participate in resident meetings?

The board of residents is the best way for residents to steer and manage affairs of the community they live in and have a say in matters of management. The Board holds ordinary and, if necessary, extraordinary meetings. Decisions taken here become applicable for all residents. Therefore, meetings should not be seen as superfluous activities, but rather as serious events that determine the goings-on at the community. It is often the case the quorum for such meetings is never achieved. Missing out a meeting can mean missing out on important decisions, which you may later find disagreeable and put you at loggerheads with other residents. Attendance is the key to be a part of the decision-making process.

Love the neigbour

One of the most important duties of residents is to respect the rights of their neighbors. Peaceful coexistence can only happen through a reciprocity of respect and tolerance. This is both a legal duty and part of being civil. Article 18 of the Turkish Condominium Law regulates relationships between neighbors. Residents are mutually obliged to comply with the rules of decorum and propriety when using their own units, building extensions and common areas, making sure not to disturb each other, violate each other's rights, and to comply with the provisions of the management plan. These rules also apply to tenants residing in the property on a permanent basis.