Mass buildings are quite popular in today’s city life. It is very important how these places are managed after the construction completed and the flat owners begin to stay. Sometimes the usage of residences begins before all the constructions are completed. It is not possible for the flat owners to select the managers at first. Security, cleaning, garden maintenance, personnel employment are issues that require expertise. It cannot be expected that one of the flat owners who has just moved to his flat can overcome with these works. In practice, the construction companies or the management companies chosen by these construction companies generally manage the mass building for a certain period. This issue is regulated in the Condominium Law under the name of temporary management. This type of management is temporary, not permanent. When the temporary management period expires, the collective building must be managed by the board elected by the flat owners. In practice, it is seen that the temporary management continues their work after their term expires. Although flat owners sometimes want the temporary management to continue its duty but in general, the temporary management does not want to leave its duty. The topic of this study is important because of there are not enough studies about this subject in the literature. The goal of this study is to explain the term of temporary management and to examine the legal ways that the flat owners can apply if the temporary management do not leave their work.
Condominium Law Temporary Management Mass Buildings Management The Manager
Since mass building projects consist of many houses and common areas, the construction process requires a certain period and therefore the residences completed and delivered in process. While the session begins on the completed independent sections, the construction process of other sections may continue. As a result, some independent sections can be used even if the collective buildings are not fully ready for occupation. Flat owners who start using independent sections need to benefit from security, cleaning, landscaping and social facilities. Providing these services and collecting the necessary expenses is a matter of management concern. For this purpose, the flat owners must meet and elect the management in order to ensure that the management works are carried out as soon as the session begins. For the election to be held, at first an association of flat owners must be formed. All flat owners must join at this meeting. However, while there are places still under construction, it cannot be said that the flat owner’s association is fully formed. On the other hand, it would not be fair to wait for the collective building to be completed or the formation of a flat owner’s association to meet the needs of flat owners who start living in their homes. As a matter of fact, the mass structure cannot remain unmanaged until all independent sections are completed. The legislator allowed the establishment of a temporary administration during this period until the collective buildings are completed. If an article regarding temporary management is added to the management plan, it is determined who will manage the collective building until all independent sections and common areas are completed and a flat owners union is formed.
Temporary management was added to the Condominium Law with the amendments made in 2007. For this reason, there cannot be temporary management in mass buildings whose construction process has been completed or occupancy has started and management has been selected. In other words, the temporary management regulation is valid for mass buildings built after 2007. Collective buildings which were built before 2007 are considered to have chosen their own management.
The fact that the manager and the contractor are the same person has positive and negative aspects for the flat owners. In the management plan, the temporary management may be given powers such as determining the amount of advance payment to be collected for general expenses, making all kinds of contracts with third parties, and renting common areas. The Contractor’s retention of such powers as temporary management may cause harm to the flat owners over time. According to Article 73 of the Condominium Law, temporary management may continue until one year following the completion of the mass building, and in any case, it will end after ten years from the date of receipt of the first building license within the scope of the mass building. The management plan may include statements that the temporary management will serve for fifteen years from the receipt of the first building permit or five years from the completion of the mass building. The periods in these examples are longer than the periods specified in the Condominium Law Art. 73. Since the periods in Art. 73 are upper limits, if a period longer than the periods specified in the law is determined in the management plan, the provision in the management plan should be considered partially invalid. In daily life, it is seen that temporary administrations whose terms of office have expired do not leave their duties. Flat owners can file a lawsuit against the temporary management who does not leave the management despite the expiration of its term of office. Flat owners also request that to be authorized to elect a new management by determining that its term of office has expired. However, flat owners can always terminate the temporary management’s duty if there is a justified reason.
