| | | | | FLOOR OWNERSHIP AND FLOOR EASEMENT LAW |
| | | | | Turkish Republic of Northern Cyprus Legislative Assembly Passes the following Law: |
Short title | 1. | | | This Law is given the title of Floor Ownership and Floor Easement Law |
| | | | | FIRST PART General Rules |
Interpretation | 2. | | | In this Law, unless the text requires otherwise:
‘Main Immovable’, means the total of subject matter of floor ownership the immovable
‘Main Building’ means the principal building part of subject matter of floor ownership the immovable and it also comprises the independent structures which are in the main immovable
‘Plot Share’ means the common ownership shares of the plot as allocated to the independent sections
‘Independent Section’ means the sections which remain outside the common usage areas and which are sections of the main immovable suitable to be used separately and by themselves and which can be subject matter of independent ownership in accordance with the rules of this Law
‘Minister’ means the Minister who is in charge of Internal affairs
‘Ministry’ means the Ministry which is in charge of Internal affairs
‘Council of Ministers’ means Turkish Republic of Northern Cyprus Council of Ministers
‘Supervision Board’ means a supervisor or the board which consists of three persons which are elected by majority of floor owners in order to supervise performance of the administrator as concerning administration of the main immovable and which is formed in accordance with article 43 of this Law
‘State’ means State of Turkish Republic of Northern Cyprus
‘Ruined’ means totally disappearing or being in the state of unuseable of the maing building on the main immovable and determined by the competent authority.
‘Annex’ means the premises which are outside an independent section and which are directly allocated to that section.
‘Floor Easement’ means the easement which is established in accordance with the rules of this Law by the partner owners or owner of that plot for independent sections of one or more structures which will be constructed or is being constructed on a construction plot in order to be subject matter of floor easement later.
‘Floor Easement Owner’ means those who have the right of floor easement.
‘Floor Owner’ means those who have the right of floor ownership.
‘Floor Owners Board’ means the board which consists of floor owners or their legal representatives and which administers the main immovable in accordance with article 29 of this Law, the contract, administration plan, rules of Section Six of this Law and rules of the articles of association.
‘Floor Ownership’ means the ownership right which is established on independent sections.
‘’District Lands Office’ means the Department Directorate which is in charge of Lands and Surveys Affairs and any one of its Departments in the districts.
‘Right to Use’ means the rights of floor owners to benefit over the mutual usage areas where they are share owners in their capacity as joint owners.
‘Court’ means the competent District Court which is authorized to hear the disputes concerning the main immovable and independent sections annexed to it and premises of common use.
|
Section 96 | | | | ‘Ratification Document’ means the ratification document indicated in article 10 of Roads and Buildings Arrangement Law. |
14/1959
67/1963
16/1971
31/1976
18/1979
47/1984
48/1989
6/1992 | | | | |
| | | | | ‘Common Usage Areas’ means the premises which are outside of the independent sections of the main immovable and they are useful for protection and common usage and benefit.
‘Contract’ means the official document concerning establishment of floor easement and floor ownership as drawn up by the competent official of District Lands Office in accordance with article 15 of this Law.
‘Subdivision Project’ means the project which shows separation of independent and common sections of the main structure.
‘Competent Authority’ means the definition as indicated in article 2 of Roads and Buildings Arrangement Law.
|
Objective and
What is Comprised | 3. | | | This Law arranges the rules concerning provision of legal compensation for owners of rights pre and post transition to floor ownership by establishing independent easement right for sections annexed to plot share of the main immovable which has been completed or period of development of which has expired. |
| | | | | PART TWO General Rules Concerning Floor Ownership and Floor Easement
|
General Rules Concerning Floor Ownership and Floor Easement | 4. | (1) (2) | | Independent ownership rights are established in accordance with the rules of this Law by the owner or common owners of a structure which has been completed or development permit period of which expires, over the sections of that structure which are convenient to be used as floor, flat, business bureau, shop, store, basement, depot separately or by themselves. Easement rights are established in accordance with the rules of this Law by the plot owner or common owners of the plot on the ground of the floor ownership as basis, to be passed after the structure is completed, over the sections of a structure being constructed or to be constructed in future and of quality as written in above subparagraph (1). |
| | 5. | (1) | | Floor ownership is a particular ownership which is connected with plot share and common usage areas in the main immovable.
|
Quality of Floor Ownership and Floor Easement | | (2) | | Floor ownership and floor easement are established by means of clearly showing in accordance with common ownership principles the plot share as allocated in the project as proportunal with the current values as calculated by the District Lands office according to the location and size of each one of the independent values of subject matter of this ownership the immovable. In case the plot shares are not allocated as proportional with the shares of independent sections every floor owner or floor easement owner may apply to the court in order for the plot shares to be rearranged. The plot share which has been allocated to each one of the independent sections in accordance with this subparagraph can not be changed due to increase or decrease which emanates later in the value of those sections. The rule of article 46 of this Law is reserved.
|
| | | (3) | | Floor easement is a type of easement which is connected with plot share and it is converted to floor ownership in accordance with the conditions shown in this Law, upon the application to be made to the District Lands Office by the plot owner or common owners who own floor easement or one of them after the ratification document is obtained. |
Common Usage Areas In Floor Ownership and Floor Easement
| 6. | (1) | | Common usage areas are determined by the contract. However the below indicated places are deemed to be common usage area in accordance with this Law irrespective of the contracts to be made:
|
| | | | (A) | Foundations and walls, beams, columns and curtain walls and other members forming parts of the load bearing system, which constitute the load bearing system, common walls, ceilings and floors which separate independent sections, yards, main entrance gates, doorways, stairs, lifts, landings, corridors and within them common toilets and wash basins, doorman flat or rooms, common laundry rooms and laundry drying areas, common coal cellars and common common garages, built in boxes and closed areas outside of independent sections, biler rooms, wells and cisterns, general water tanks of the structure, shelters, roof parts.
|
| | | | (B) | Outside of the personal section of every floor owner, sewerage facilities and garbage canals and central heating systems, water and electricity facilities, common networks and antennae for telephone, radio and television, mail box, hot and cold air facilities, garden wall and foundations. |
| | | | (C) | Roofs, chimneys, common roof terraces, gutters, emergency and fire exit stairs |
| | | | (Ç) | Independent houses in the site are outside of what is comprised by the above paragraphs (A) and (C).
|
| | | (2) | | Other premises and structures where it is obligatory for common usage and protection or to benefit while they are outside of what are indicated in the above subparagraph (1) are comprised by common usage area as well.
|
Connection Between Independent Sections and Plot Share | 7. | (1) | | In case floor ownership passes to others by way of inheritance or transfer, all rights including plot share which are attached to it pass. Plot share cannot be transferred separately from floor ownership or floor easement and also cannot pass by way of inheritance and can not be registered with another right.
|
| | | (2) | | In the main immovable, except for the premises left for the public, plot share where floor easement has not been established can not be allowed. |
| | | (3) | | The rights which register the floor ownership spontaneously registers the plot share as well.
|
| | | (4) | | Easements which are not compatible with this right over the subject matter of floor easement the plot can not be established. |
| | | (5) | | The rights which are registered or annotated in the page of that immovable in the lands office book of registry before floor ownership is established over the immovable, as a rule spontaneously registers the floor ownership as well in proportion of plot share.
|
Connection between Independent Sections and Annexes and Common Usage area | 8. | (1) | | Annexes such as the coal cellars, water tanks, garages, electric, built in gas or water meter shelters, toilets which are outside of an independent section and which are directly allocated to that section are deemed to be complementary part of the section to which they belong and owner of that section becomes the sole owner of the annexes. |
| | | (2) | | Annexes are entered in the declarations section of the floor ownership book and from these the ones which remain outside the ground on which the main structure rests are shown separately in the measurements plan or lands office map.
|
| | | (3) | | Easements which can not be possibly compatible with floor ownership and rights of other floor owners over the independent section can not be established. |
| | | (4) | | In case the independent sections are transferred to others, are registered or rented, annexes and common usage areas also are rendered spontaneously transferred, are registered or rented. |
Abrogation of Partnership | 9. | (1) | | Abrogation can not be requested in the immovable which is subject to floor ownership or floor easement. |
| | | (2) | | Independent sections can be subject matter of action and prosecution like an independent immovable and abrogation of partnership may be asked as concerning these.
|
Non existence of Priority right to purchase | 10. | | | In case one of the independent sections of an immovable floor ownership of which has been established, the other floor owners or easement right owners do not have priority right to purchase. |
Field of Application of General Rules | 11. | | | In case there is no rule in this Law or registry book entry for floor easement or in the contract among the floor owners or in administration plan, the disputes which emanate from floor ownership and floor easement are resolved in accordance with the rules of other laws. |
Section 148 10/1980 39/1983 | | | | |
Section 149 6/1959 21/1989 | | | | |
| | | | | PART THREE Establishment of Floor Ownership and Floor Easement
|
| | 12. | (1) | | Floor ownership and floor easement emanate by contract and entering in the lands office registry. |
| | | (2) | | Before ownership of the total of main immovable is converted to floor ownership, floor ownership can not be established over one or several sections of that immovable. |
General Rules In Establishment Of Floor Ownership and Floor Easement | | (3) | | Sections which are independent from each other and at the stage of floor ownership can be amalgamated as a single independent section by submitting the amendment project which is prepared in accordance with the existing laws concerned with development. After receiving the ratification document for the submitted amendment project, these sections which are independent from each other may be entered in the District Lands Office book of floor ownership registry as one single independent section.
|
| | | (4) | | Registration of floor ownership is performed in accordance with a contract drawn up by the District Lands Office or by a Court judgment given in accordance with the below subparagraph (5).
|
| | | (5) | | In actions which are entered with the claim of abrogation of partnership over an immovable which is suitable to be subject matter of floor ownership, in case one of the inheritors or partner owners wishes the sharing to be performed by means of establishing floor ownership and allocation of independent sectons, the court may give judgment in order for ownership of that immovable to be converted to floor ownership on the ground of documents indicated in article 14 of this Law and for independent sections to be allocated separately to the partners by means of matching the shares.
|
| | | (6) | | In order for incomes to be spent for common expenditure or for owner box of the independent sections which are allocated for common benefit with another objective, the beneficiary of these is entered in the floor ownership registry book by means of writing ‘numbers of independent sections’. This matter is shown in the declarations box of the independent sections.
|
Ownership Registry Book | 13. | | | Floor ownership and floor easement are entered in the floor ownership registry book which is to be kept in the District Lands Office. Unless there is contrary rule in this Law, the general rules which are concerned with registration are also applied in the entries to be performed in the floor ownership book of registration.
|
| | 14. | | | In order for floor ownership to be established, as a rule in the matter of converting the main immovable into floor ownership owner of that immovable or all of his share partners are required to apply to the District Lands Office with an application together with the below indicated documents: |
Documents required in establishing of floor ownership | | | | However in case a dispute emanates among the share owners application of simple majority of the share owners is sufficient. |
| | | (1) | | In the main immovable, the site plan and ratification document, which show the settlements in more than one structures and the architectural project as signed by competent public institutions and establishments and signed by the owner or all of share partners of the main immovable and prepated by the project author or authors of the project, the administration plan and/or other documents required by the competent authority, with values as calculated and by means of clearly showing also in accordance with of external facades and internal partitions, the independent section, annex, common usage areas and locations and sizes of independent sections and proportional plot shares and building construction area and also by means of clearly showing the independent building construction area of the independent sections,
|
| | | (2) | | An administration plan as signed by the owner or owners who founded the floor ownership, and which was prepared within the frame of the principles in article 30 of this Law in accordance with the manner the independent sections will be used, in case more than one buildings will exist as depending on the particulars of these buildings, and
|
| | | (3) | | A list which shows the type of every independent section such as plot share, floor, flat, business bureau and the numbers of these starting with 1 and proceeding in sequence, if any its annex , and which has been signed by the owner of the main immovable or by all of the share owners.
|
| | 15. | (1) | | The competent official of the District Lands Office puts in order the contract the contract concerning establishment of floor ownership or floor easement after he is satisfied that the applicants and the ones who submit the application are competent and the documents given to him are complete and they are duly drawn up. This contract which has been put in order is signed by all of the joint owners (share partners) or by simple majority. This contract which has been put in order is also deemed to be the request for registration.
|
| | | (2) | | After the contract is put in order, in case of direct establishment of floor ownership in the pages of the floor ownership book of registry where the floor easement is registered, the phrase of ‘ownership of this main immovable has been converted to floor ownership’ is written in the ownership box in the pages of the lands office book of registry where the main immovable is registered, and the page is closed for processes outside of the easement rights to be established in favor of and against the main immovable and every independent section which is subject matter of floor ownership is registered by means of showing the plot share attached to that section and the sheet, island, plot, book and page number in a separate page in the general book of registry where the main immovable is registered. Furthermore in the page of the general book of registry where the main immovable is registered, the connection is provided between the books of registry by means of entering in the page of the general book of registry where the main immovable is registered, the book and page numbers of the independent sections in the floor ownership book of registry. |
| | | (3) | | The registration entry of the main immovable in the lands office book of registry book page which is concerned with rights existing in advance, except the easement rights, is entered in its page in the floor ownership of the independent sections book of registry. After the ownership of main immovable is converted into floor ownership, the easement rights also, which will be established in favour of and against the main immovable are entered in the lands office book of registry page of the main immovable and are indicated in the declarations box of the floor ownership book of registry.
|
| | | (4) | | Every independent section which is entered in the floor ownership book of registry ears the quality to be a separate immovable and in the book of registry receives the number in the certified plan of that section.
|
| | | (5) | | The floor owner is given the certified sample of the section which belongs to his own independent section of the project which is indicated in subparagraph (1), article 14 of this Law other than the floor owner ownership document.
|
Establishment of Floor Easement | 16. | (1) | | In order for floor easement to be established and to be entered in the lands office book of registry on a plot where construction has not been done yet and/or a construction has not yet been completed, it is obligatory for owner of that plot or all of the joint owners to submit to District Lands Office the subdivision project and administration plan together with the application concerning this.
|
| | | (2) | | The floor easements on a plot are only allocated by means of indicating in the declarations box of the book of registry where the plot is registered, the plot share which is requested to be allocated to the independent section where every floor easement is concerned in the contract or application, and after completion of the building in accordance with the given project, the number independent sections as subject matter of floor ownership and the annexes which are attached to these sections are indicated in the declarations box of the book of registry.
|
| | | (3) | | After the building is completed, in case conversion of floor easement into floor ownership is requested by one of the easement owners, the registration is performed on the ground of the contract concerning the registration of the floor easement and condition of ratification of the documents, plans and projects indicated in article 14 of this Law by the District Lands Office that they are true to the originals.
|
| | | (4) | | In the main immovable with floor easement and buildings of which have been completed, it is obligatory to convert the floor easement to floor ownership within one year as of the date the ratification document of floor easement is received. In case of failure to perform this, upon an application to be made to the court by any one joint owner, floor easement is converted to floor ownership in accordance with the court owner.
|
| | | | | PART FOUR Rights of Floor Owners and Floor Easement Owners |
Rights of Floor Owners Over the Independent Sections | 17. | | | Floor owners own all rights and authorities over the independent sections which belong to them as recognized to the property owners by the Immovable Property Law (Possession, Registration and Value Assessment) on condition that the concerned rules of this Law are reserved.
|
Section 224 3/1960 7/1978 18/2006 | | | | |
| | 18. | (1) | | Floor ownwners own all common usage areas of main immovable in proportion of their plot shares and in accordance with common ownership rules.
|
Rights of Floor Owners Over the Common Usage Areas | | (2) | | Floor owners also have the right of using the common usage areas as well. Unless there is a contract to the contrary the scale of this right in premises such as garage, terrace, laundry room and laundry drying areas is proportional to the plot share which belongs to each floor owner.
|
Rights of Floor Easement Owners | 19. | (1) | | Floor easement owners have the right to request reciprocally that the debts for their part to be served in order that the building to be constructed on the common plot is started and completed within the period written in the contract, and to enter action.
|
| | | (2) | | In case of failure to abide by the work program and/or to the contract, floor easement owners may assign a person from among themselves or from outside as administrator in order for the building to be completed. The rule as concerning the rules as concerning duty, authority and responsibilities of the floor ownership administrator as arranged by article 37 of this Law also apply as concerning this administrator.
|
| | | (3) | | In the immovables where floor easement has been established, in case the building has actually been finished and two thirds of the independent sections actually began to be used, even if transferring to floor ownership has not been performed yet, floor ownership rules apply under the main immovable administration.
|
| | | | | PART FIVE Debts and Obligations of Floor Owners and Floor Easement Owners |
Debts and Obligations of Floor Owners | 20. | (1) | | As the floor owners use the independent sections, annexes and common usage areas, they are reciprocally under obligation to pay maximum attention and care and abide by the rules of good intention, particularly not to disturb each other, not to violate the rights of each other and to abide by the rules of administration plan.
|
| | | (2) | | In this Law the rules concerning those floor owners under obligation also apply to tenants in independent sections and owners of residence right or to those who continually benefit from these sections in any manner. Those who fail to fulfill these obligations will be responsible jointly together with floor owners.
|
| | 21. | (1) | | Floor owners are under obligation for maintenance and architectural condition and for protecting the the beauty and soundness of the main immovable with special care.
|
Maintenance, Protection of Main Immovable and Responsibility for Damages | | (2) | | Unless there are four fifths written consents of all of the floor owners and unless the required permit is obtained from the competent authority, no floor owner can make construction, repair and facilities , external plaster and painting in the common usage areas of the main immovable. However in case it is determined by competent authority that a defect in the common usage area and in the facilities is causing damage to the main building or an independent section or sections and that it should be repaired urgently or that it is very necessary to stregthen the main building, consents of the floor owners are not sought in the matter of this repair and strenghthening which are to be performed in accordance with the project and its technique.
|
| | | (3) | | The floor owner can not perform any repair, facility and amendment in his independent section which will cause damage to the main building. In the joint sections of the independent sections which are joined to each other by the ceiling, floor or wall, repair, facility and amendment which will not cause damage to the main building may be performed by the common consent of the owners of this section.
|
| | | (4) | | Every floor owner is accountable to other floor owners for the damage that he causes by his fault to the main immovable and to other independent sections. In case of failure of the floor owner at fault to compensate the emanating damage the necessary repair is performed by the other owners collectively. However their right of recourse by way of a civil court action against the floor owner at fault is reserved.
|
| | 21. | (1) | | Unless there is a different agreement among them, each one of the floor owners:
|
| | | | (A) | is under obligation to participate equally in proportion of his own plot share, in the advance to be collected for doorman, boilerman, administrator salary, gardener and watchman expenditure and in the advance to be collected for these,
|
Participation in the General Expenditure of the Main Immovable | | | (B) | is under obligation to participate in such other expenditure as the insurance premiums and in maintenance, protection, strenghthening and repair of all common usage areas and in operation expenditure of operation of common facilities and in the advance to be collected for similar expenditure in proportion of his plot share.
|
| | | | (C) | Floor owners can not refrain from paying this expenditure and advance share by means of putting forward that they do not need and necessity to benefit from these because of the condition of their own independent sections or by means of renouncing their right to use over the common usage areas or facilities.
|
| | | (2) | (A) | The administrator has the right to apply to the court with the objective to be able to obtain the expenditure or advance share, in the matter of floor owner and/or floor owners who do not pay their expenditure and advance shares indicated in the above subparagraph (1). However in case the administrator refrains from this every one of the floor owners has the right to apply to the court. |
| | | | (B) | The advances and expenditure which are not paid on time are subject to the delay compensation in proportion of the maximum interest which are applied to the credits by banks, as of the date they should be paid. |
| | | (3) | | In case a faulty conduct of one of the floor owners or of the person who benefits in any manner from the independent sections causes the expenditure indicated in the above subparagraph (1), the participants have the right to make a claim for the payments that they made, against owners of that floor or against those who caused the expenditure. |
Insurance Agreement | 24. | (1) | | Floor owners may decide to insure the main immovable by the value assigned by the floor owners board.
|
| | | (2) | | In case the insuring is done, floor owners are under obligation to participate in insurance expenditure in proportion to their plot shares.
|
| | | (3) | | In case the total of the main immovable is ruined, the insurance consideration to be received is shared out among the floor owners in proportion to their plot shares, unless a contrary contract exists.
|
| | | (4) | | In case only one or a few independent section or annex or part of the common usage ares is damaged, the insurance consideration to be received will be spent in repairing of the damaged premises.
|
| | | (5) | | In order to cover their damages which can not be remedied by the main immovable insurance, floor owners may insure their own independent sections separately to their names and on their accounts. In this case the insurance consideration to be received belongs only to themselves on condition that their shares in the insurance consideration of the main immovable will be reserved separately.
|
| | | (6) | | The ordering rules in the matter of insurance is reserved.
|
Guaranty of Common Expenditure | 24. | | (1) | Furthermore those who continually benefit in one of the independent sections on the ground of living right , the rent law or another reason, are also responsible together and jointly with the floor owner from delay compensation and from expenditure share of floor owner in accordance with article 22 of this Law.
However responsibility of leasor is limited with the amount of rent that he is responsible to pay.
|
| | | | (2) | In case of failure to collect the debt of floor owner as indicated in the above subparagraph (1), a memorandum is entered in the District Lands Office in favour of the judgment creditor for this debt with the written request of the administrator if any or of one of the floor owners, over the independent section of the floor owner who does not pay the debt as determined by the court.
|
| | | | (3) | The expenditure credits indicated in article 22 of this Law of floor owners from floor owners or others who are responsible and who do not pay their expenditure debts are priority credits in comparison with other credits.
|
Obligation To give permission | 25. | (1) | | In case it is necessary for one of the floor owners to enter another one independent section in order for technical re-examination of the facilities to be performed or in order for repair or remedy of a damage or defect which emanates in his independent section or in the facilities in this section, the owner of that section or those who reside in that section in another capacity are under obligation to give permission for that section to be entered and the required works to be performed.
However the entry is performed on condition that written notice is given to the concerned persons forty eight hours before performing of the required works are commenced. The notice is deemed to have been duly served by means of giving personally to the floor owner or to the person who resides there in another capacity, in case the floor owner can not be found or no person resides there, py posting on the notice board of the building and on the entrance door of the section to be entered. However in unavoidable situations the concerned persons are under obligation to give permission for intervention promptly.
|
| | | (2) | | In case one part of the main immovable is ruined, in order to reconstruct the ruined independent sections and annexes or common usage areas or the facilities in the independent sections, in case it is required to make use of the internals or externals of the independent sections which are still sound, owners of that section or those who resite there in another capacity are under obligation to give permission for this.
|
| | | (3) | | The owners of sections who received permission in their favour are under obligation to pay promptly the damages to be incurred by the floor owners or those who reside there in another capacity, due to the permission as indicated in the above subparagraphs.
|
Works which can be performed in the independent sections | 26. | (1) | | Establishment of institutions such as hospital, dispensary, clinic, polyclinic, medical or chemical laboratory in an independent section of the main immovable where house, business or commercial premises are indicated in writing in the lands office book of registry, establishment of such institutions may be performed by obtaining the required permissions in accordance with the concerned laws and upon a resolution to be passed unanimously by the board of floor owners.
|
| | | (2) | | In an independent section of the main immovable indicated in the lands office book of registry as house, premises such as cinema, theatre, cafe, outdoor cafe, small night club, bar, club, dancing hall, betting house, and similar entertainment and meeting premises and premises such as bakery, restaurant, pastry shop, milk products shop and premises such as workshops, painting workshops, press, shop, gallery and bazaar can only be opened in accordance with the concerned laws, obtaining of the required permissions and upon the resolution to be passed unanimously by the board of floor owners.
|
Obligation to transfer floor ownership | 27. | (1) | | In case one of the floor owners violates the rights of other floor owners to the degree to render as intolerable for them by means of refraining from fulfilling his obligations and the debt that he is obliged to fulfill in accordance with the rules of this Law, they may ask the court that the ownership right of that floor owner over the independent section to be transferred and/or to be sold to them.
|
| | | (2) | | In the matter of such floor owner, value of the ownership of the independent section is paid to that floor owner and entering of an action in order for this ownership to be transferred to the other floor owners in proportion to their plot shares, unless the contrary has been decided upon, depends upon passing of a resolution by the majority of the other floor owners in their numbers and their plot shares. In case part of the floor owners do not want to enter this action inspite of this resolution, the action is entered by the other floor owners. The court gives the judgment as to what amount will be paid to the rightful owner and may give the order for this amount to be paid to the rightful owner within six months; however the court may give the judgment for the subject matter independent section to be sold to others. Upon submission of the receipt which shows the payment, the District Lands Office performs the transfer process. In case the rightful owner tries to avoid receiving of the consideration determined by the court or in case he can not be found, the value is deemed to have been paid upon deposition of the subject matter amount in the Department of Treasury and Accounts and the transfer is realized in proportion to the plot shares by the District Lands Office.
|
| | | (3) | | In case any one floor owner: |
| | | | (A) | Refrains from paying his share of the debts of the common expenditure and advance three times within two calendar years and a cause of action emanates agaist him;
|
| | | | (B) | Inspite of the order given in accordance with article 35 of this Law by the District Court of the area where the main immovable is located, he continually and persistently violates the rights of other floor owners by means of failing to fulfill the debts and obligations indicated in this Law
|
| | | | (C) | In case he acts contrary to public morals and acceptable conduct by means of using his own independent unit as brothel or gambling house or similar premise;
|
| | | | | It is accepted that the intolerable conditions exist in accordance with the above subparagraph (1).
|
Debts of floor easement owners | 28. | (1) | | The floor easement owners are reciprocally under obligation to fulfill their own share of the debts and/or obligations on time in order that the building to be constructed on the subject matter of this right the common plot in accordance with the contract and plan and to be converted to floor ownership in future and to facilitate the building construction in accordance with the rules of good intention and justice.
|
| | | (2) | | In case one of the floor easement owners fails to fulfill his own share of debts and/or obligations inspite of the delivered written warning within two months as of the date of this warning, upon the written application of the others the court may give judgment in order for consideration of the value of his plot share and floor easement at a date next to the judgment to be transferred to other joint owners in proportion to their plot shares or to be sold to others on condition that it is paid within as of the date of judgment.
|
| | | (3) | | In case of failure to construct the building within the legal period due to the fault of one of the floor easement owners, the party at fault is under obligation to compensate the others for the damages that they incur because of this, together with interest.
|
| | | | | SIXTH PART Rules concerning administration of the main immovable |
| | 29. | (1) | | Floor owners board consists of the floor owners or their legal representatives. Duties and authorities of floor owners board; to administer the main immobile in accordance with the contract, administration plan, rules of sixth part of this Law, and the rules of articles of association issued in accordance with this Law.
|
| Floor owners board and administration of the main immovable | | (2) | | Main immovable is managed by the floor owners board and the form of management is determined by this board on condition that the commanding rules of the laws are reserved.
|
Administration plan | 30. | (1) | | Administration plan puts in order the form of administration, objective and form of use, the fees to be received by administrator and supervisor and other matters of administration. Administration plan is equivalent to a contract which binds all of the floor owners.
|
| | | (2) | | In situations where there is no rule in the administration plan, the disputes which will emanate from administration of the main immovable are resolved in accordance with the general principles of jurisprudence and this Law.
|
| | | (3) | | In order to amend the administration plan, the vote of two thirds of all floor owners is obligatory. Rights of floor owners to apply to court in accordance with article 35 of this Law are reserved.
|
| | | (4) | | Administration plan and amendments to it are binding to all of the floor owners, their successors and the administrator who is elected in accordance with article 36 and the supervisors who are elected in accordance with article 36.
|
| | | (5) | | Date of the administration plan and the amendments of the plan made afterwards is indicated in the declarations box of the floor ownership book of registry in the District Lands Office and in order for these amendments to be annexed to the administration plan, they are submitted to the District Lands Office and they are kept among the documents of establishment of the floor ownership.
|
Meeting time of floor owners board | 31. | (1) | | The floor owners board assembles at least once every year at times indicated in the administration plan, in case such a time is not indicated, within the first month of every calendar year. However in collective buildings the boards assemble at least once every two years at times indicated in the administration plan, in case such a time is not indicated, within the first month of the second calendar year.
|
| | | (2) | | In case a serious cause emanates, the floor owners board may assemble upon the request of the administrator or supervisor or one third of the floor owners and at least fifteen days before the date of the request for assembly and with a call to be signed by all of the floor owners which is to be posted on the main immovable notice board and with the cause of the assembly to be declarted, the floor owners board may assembly at any time.
|
| | | (3) | | As the first call is made, in case of failure to obtain the quorum is not achieved at the first assembly where and at what date the second assembly will be held is indicated. The time to be allowed between the first and second assemblies can not be less than seven days.
|
| | 32. | (1) | | The floor owners board holda an assembly with half plus one from the aspect of number and plot share or the floor owners and outside of the rules in this Law which require unanimity it passes resolution with the simple majority of the participants in the assembly.
|
The assembly and Resolution quorum of the floor owners board | | (2) | | In case of failure to hold the first assembly due to failure to achieve a quorum, the second assembly is held latest eithin fifteen days later. The assembly quorum is not sought in this quorum and outside of the rules in this Law where unanimity is sought, the resolutions are passed by simple majority of the participant in the assembly.
|
| | | (3) | | The rules entered separately in this Law for quorum are reserved. |
| | 33. | (1) | | Every floor owner has the right to one vote irrespective of the plot share proportion that he has.
|
Participation of floor owners in voting | | (2) | | In the main immovable the floor ownwe who has more than one independent section has a separate right to vote for every independent section. Together with this no matter what is the number of independent sections that he owns, the number of votes that he will own can not be more than one third of all votes. While the account of votes is performed the fractions are not taken in consideration.
|
| | | (3) | | In case an independent section has more than one owners, these are represented by somebody from among them whom they will give power of attorney.
|
| | | (4) | | In case one of the floor owners is not competent his legal representative represents him.
|
| | | (5) | | In case the resolution to be passed concernes a floor owner, the floor owner may be present in the debates but he can not cast vote.
|
| | | (6) | | A floor owner can cast his vote through his competent attorney. A persons can not be assigned as attorney in order to cast more than 5% of the number of votes.
However in the immovables subject to forty or less number of ownerships a person can be attorney of at most two persons.
|
| | 33. | (1) | | Every floor owner has the right to one vote irrespective of the plot share proportion that he has. |
Participation of floor owners in voting | | (2) | | In the main immovable the floor ownwe who has more than one independent section has a separate right to vote for every independent section. Together with this no matter what is the number of independent sections that he owns, the number of votes that he will own can not be more than one third of all votes. While the account of votes is performed the fractions are not taken in consideration.
|
| | | (3) | | In case an independent section has more than one owners, these are represented by somebody from among them whom they will give power of attorney.
|
| | | (4) | | In case one of the floor owners is not competent his legal representative represents him.
|
| | | (5) | | In case the resolution to be passed concernes a floor owner, the floor owner may be present in the debates but he can not cast vote.
|
| | | (6) | | A floor owner can cast his vote through his competent attorney. A persons can not be assigned as attorney in order to cast more than 5% of the number of votes.
However in the immovables subject to forty or less number of ownerships a person can be attorney of at most two persons.
|
Resolutions of floor owners board | 34. | (1) | | The main immovable is administered by the floor owners board in accordance with the resolutions to be passed in accordance with the rules of this Law and the administration plan , contract.
|
| | | (2) | | All floor owners and, their successors, administrators and supervisors are under obligation to abide by the resolutions of the floor owners board.
|
| | | (3) | | The disputes due to use or administration of the main immovable which may emanate among the floor owners or among these and administrators and supervisors or among the administrators and supervisors are solved and resolved by the floor owners board.
|
| | | (4) | | The floor owners board resolutions are signed by all floor owners who participate in the assembly and they are written in a book every page of which is certified by the District Lands Office and every page of which bears numbers starting with 1 and proceeds in sequence. Those who vote against the resolution put their signatures upon indicating the reason for this contradiction.
|
Intervention of the courts | 35. | (1) | | Every floor owner who participates in the board assembly but votes in accordance with article 34 of this Law against the resolutions passed by the floor owners board may enter an action in the District Court within one month as of the date of the resolution, and every floor owner who does not participate in the assrmbly may do so within one month as of the date he is informed of the resolution and in any case within six months as of the date of the resolution, and may ask the resolutions passed by the floor owners board to be cancelled. In cases where the floor owners resolutions are deemed to be non existent or invalid or null, condition of period is not sought.
|
| | | (2) | | The floor owner or floor owners who incur damages due to failure of one of the floor owners or of the person who continually benefits on his floor on the ground of rent contract, residing right or another reason, to fulfill their obligations and debts, may apply to the District Court in the area where the main immovable is located, and may request intervention of the court.
|
| | | (3) | | After the court hears the case, it gives judgment in accordance with this Law and the administration plan and if there is no rule in these in accordance with general rules and rules of justice.
|
9/1976 3/1978 10/1978 6/1980 23/1980 19/1981 18/1982 34/1982 56/1982 21/1983 7/1984 20/1984 4/1985 7/1986 24/1986 | | (4) | | Rules of article 50 Courts Law apply in the matter of those who do not abide by the Court order.
|
Appointment of the administrator | 36. | (1) | | The floor owner may give the administration of the main immovable to someone that they eill elect from among themselves or from outside or to a board of three persons. This person is known as the administrator and the noard is known as the administration board.
|
| | | (2) | | In case the main immovable has more than four independent sections, it is obligatory to appoint an administrator or administration board. However in case the number of independent sections is four or less than four upon the request of half plus one of the floor owners it is obligatory to appoint an administrator or board of administrtation.
|
| | | (3) | | In case all of the sections of the main immivable is owned by one person, the owner is legally in the position of administrator.
|
| | | (4) | | The administrator or administration board is appointed by the majority of floor owners from the aspect of numbers and plot shares.
|
| | | (5) | | The administrator or board of administration is reappointed in the first assembly of the floor owners board which is held every year in accordance with subparagraph (1) article 31 of this Law. The former administrator or administration board can be reappointed.
|
| | | (6) | | In case of failure of floor owners to reach an agreement in administration of the main immovable or fail in assembling and appointing an administrator or administration board, upon the application of one of the floor owners and if possible upon hearing the others also an administrator is appointed by the District Court of the area where that immovable is located.
|
| | | (7) | | The administrator who is appointed by the District Court can not be replaced by the floor owners board before six months expire after this appointment.
However in case a just cause emanates the District Court which appointed him may allow the replacing.
|
| | | (8) | | As the administrator is appointed, in the contract made with him it may be conditional for him to put up collateral. Even if there is no such condition in the contract, in case a just cause emanates the floor owners board may ask the administrator to put up a collateral.
|
| | | (9) | (A) | It is obligatory for names and surnames and business and residence addresses of the administrator or administration board members to be framed and posted next to the door of the main immovable or at a place where it is visible at the entrance. In case of failure of an administrator or member of administration board is deemed to have failed to have fulfilled his obligations or to have refrained from his obligations and is removed from his post by resolution to be passed by the floor owners board.
|
| | | | (B) | In accordance with the above paragraph (A), the administrator or the administration board members who participate in the assembly within one month as of the date of resolution, every administrator or administration board member who does not participate in the assembly within one month as of being informed of the resolution and in any case within six months as of the resolution date may apply to the court against the resolution to be passed by the floor owners board.
|
| | 37. | | | Duties of the administrator are indicated in the administration plan. Unless there is a contrary rule in the administration plan, the administrator performs the following works:
|
| | | (1) | | Fulfilling of the resolutions passed by the floor owners board, |
Performing of general administration affairs | | (2) | | Taking the required measures for using, protecting, maintaining and repairing of the main immovable,
|
| | | (3) | | Insuring of the main immovable, |
| | | (4) | | At the time determined in the administration plan for general administration affairs and maintenance works such as protection, repair, cleaning and operation of lift and boiler, hot and cold air system operation, in case such a time has not been assigned, collecting of proper amount of money from the floor owners within the first month of every calendar year, and in case this advance is spent and finished, recollecting of advance for the remainder of the works.
|
| | | (5) | | Accepting of all other payments concerning administration of the main immovable, paying of the debts which emanate due to administration and in case authority is given separately by the floor owner or floor owners, collecting collecting of rents of independent sections,
|
| | | (6) | | Accepting of notices concerning the main immovable,
|
| | | (7) | | Taking of required measures in the matters concerning the main immivable in the form which will prevent expiring of period or loss of a right,
|
| | | (8) | | Taking of measures in the matters which are for the benefit and on behalf of the floor owners and for protection and maintenance of the main immovable,
|
| | | (9) | | Entering of action against the floor owners who do not fulfill their debt and obligations concerning floor ownership and registering the memorandum right in the District Lands Office,
|
| | | (10) | | Opening an account to his name but upon submitting his capacity as administrator of the main immovable in a bank which operates in the Turkish Republic of Northern Cyprus in order to deposit and to draw when required the monies and the advances that he collects, and
|
| | | (11) | | Calling the floor owners board for an assembly.
|
Safe keeping a book and documents | 38. | (1) | (A) | The administrator is under obligation to write in sequence of date in the book mentioned in article 34 of this Law the resolutions of the floor owners board, the protocols, summary of the served warnings and notices and their dates and all expenditure, and to safe keep this book together with documents of expenditure and all other documents in a file.
|
| | | | (B) | It is obligatory for this book to be closed and submitted by the administrator for ratification of the floor owners board or supervisor within one month as of the end of every calendar year.
|
| | | (2) | (A) | The administrator is accountable to the floor owners. The administrator who fails to fulfill the duties indicated in this article is deemed to have failed to fulfill his duty or to have refrained from his duty and may be dismissed from his duty by a resolution to be passed by the board.
|
| | | | (B) | The administrator who participates in the assembly n accordance with the above paragraph (A) and against a resolution to be given by the flor owners board may apply to the court within one month as of the date of resolution and the administrator who does not participate in the assembly may do so within one month as of the time he is informed of the resolution and in any case within six months as of the resolution date.
|
| | 39. | (1) | | In case there is no operating project which is accepted by the floor owners board, the administrator makes an operating project without delay.
|
Performing of the operating project
| | (2) | | The below indicated matters take place in the operating project:
|
| | | | (A) | The estimated one year of administration income and expenditure amounts of the main immovable,
|
| | | | (B) | The estimated share of every floor owner from all expenditure in accordance with the principles in article 22 of this Law,
|
| | | | (C) | The amount of advance to be given by every floor owner in accordance with the principles of article 22 of this Law in order to cover the estimate expenditure and other probable expenditure.
|
| | | (3) | | The floor owners or those who materially benefit from the independent section are informed of the operating project against their signatures by means of double insured mail. In case there is objection against the project within seven days as of serving of the notice, the situation is scrutinized in the floor owners board and a resolution is passed in the floor owners board. If necessary a new project is prepared.
|
The general principle under the responsibility of the administrator
| 40. | | | The administrator who is elected in accordance with article 36 of this Law, is accountable to the floor owners same as an attgorney.
|
Obligation to be accountable | 41. | (1) | | The administrator is under obligation to give the account of the the expenditure made and the income obtained up to that date because of the main immivable, to the floor owners board within the first month of every calendar year if such a time was not written and if it was, at the times written in the administration plan.
|
| | | (2) | | In case half of the floor owners require, whatever the plot shares of these are, it is obligatory for the account to be presented by the administrator outside of the times written in the administration plan as well.
|
| | 42. | (1) | | As a rule the administrator has the rights of the attorney. |
Rights of the administrator | | (2) | | In case the floor owners do not fully fulfill their own share of the debts and obligations on time inspite of the served warning, the administrator may abrogate his own contract without being under obligation to pay any compensation and may withdraw from the post of administrator and may demand from the floor owners compensation of the damages that he incurs because of this.
|
| | | (3) | | Even if a fee has not been determined in the contract which has been made with him, the administrator may ask a proper fee from the floor owners.
|
| | | (4) | | The floor owners board determines whether the administrator who has been appointed from among the floor owners will participate in the normal administration expenditure and if yes by which proportion he will participate. In case no resolution has been passed in this matter, the administrator does not participate in half of his share of the normal administration expenditure during the administration period.
|
Supervision of the administrator | 43. | (1) | | The floor owners board continually supervises the conduct of the administrator during his duty and in case a just cause emanates it may replace him at any time.
|
| | | (2) | | In case a particular time has not been fixed in the administration plan for supervision of the accounts, this supervision is performed every three months. Inspite of this in case a just cause emanates supervision of accounts can be performed any time.
|
| | | (3) | | The floor owners board may give the task of supervision to a supervisor or a board of supervision of three persons that they will elect from among themselves by a majority of numbers and plot share majority. In this case the supervisor or the board of supervision informs by a report to the floor owners board of the result of the supervision and what they think about the manner of administration of the main immovable, that they will give to the floor owners board at the times indicated in the administration plan and in case it has not been indicated within the first month of every calendar year. This report is duplicated and are given against signature, to one of each of the floor owners or it is deemed to have been served to the floor owners by means of posting on the advertisement board of the main immovable for a period of one week.
|
| | | (4) | | The supervisors enter the report mentioned in the above subparagraph (3) and the decisions that they will make and the matters that they find to be necessary, in the book which bears the page numbers starting with 1 and proceeding in sequence, and they put the date and undersign.
|
| | | | | SEVENTH PART Rules concerning new and annex construction and important administration affairs
|
New and annex construction | 44. | (1) | | The floor owners can not make an amendment by themselves in the common usage areas of the main immovable. All renewals and annexes which will enhance orderly, easy use of common usage areas without problem or to enhance the benefit to be obtained from these premises are performed in accordance with the concerned rules of law and upon the resolution to be passed by the majority in numbers and plot shares of the floor owners.
|
| | | (2) | | In case it is obligatory in order to make the lives of the handicapped easier, the project amendment to be made is debated in the assembly to be held by the floor owners board within latest three months and a resolution is passed by simple majority of those who participate in the assembly. In case of failure to hold the assembly within this period or to pass the demand for amendment by a majority upon the demand of the concerned floor owner and in a form not to endanger the building security the construction, repair and facility is performed in accordance with the project amendment or diagram to be received from the authorities competent to give permission. The concerned authorities bring the certified project amendment or diagram demands to conclusion latest within six months.
|
| | | (3) | | The expenditure indicated in the above subparagraph (2) is paid by those who benefit from the renewal in accordance with the proportion of benefitting.
|
| | | (4) | | Upon the request of one of the floor owners the heat insulation, fuel conversion of the heating and/or cooling system and conversion of heating and/or cooling system from central system to individual system or from individual system to central system is performed in accordance with the rules of the concerned laws and upon passing of the resolution of the majority in numbers and plot share of the floor owners. However in buildings where the total built area is two thousand square meters and above, conversion of central heatinf and/or cooling system to individual heating and/or cooling system is perfgormed upon passing of resolution unanimously in numbers and plot shares of floor owners. Expenditure of the common works to be performed in this matter is paid in accordance with the proportion of plot share.
|
| | | (5) | | In case of a resolution to convert a heating and/or cooling system from a central system to individual system or from individual system to central system, the rules of the administration plan contrary to this resolution are deemed to have been amended.
|
Renovations and annexes which are very expensive and luxirious | 45. | | | In case the renovations and annexes desired to be constructed are very expensive, or it bears a luxiruous quality in accordance with the particular condition of the building or they are not in the locations or passages of the main immovable where they would be absolutely necessary to be used according to all of the floor owners of the main immovable, the floor owner who does not want to benefit from these is not under obligation to participate in the expenditure. Expenditure of such renovation and annexes is covered by the floor owners who decided to construct them. However the floor owner who does not participate in the expenditure at the beginning, or his successors, in case they participate in the expenditure of construction of renovations and annexes and their protection later in proportion of their own plot shares, they earn the right to benefit from the luxiruous renovation and annexes.
|
Independent section annex | 46. | (1) | | The following conditions are sought by means of obtaining permission from concerned project authors in order to add floor over the main immovable or constructing annex to the existing floors or constructing a full floor instead of the existing terrace floor (final floor) or stepped back floor or on the ground floor or basements or in the vacant areas of the plot later construction and annex construction as indicated in article 26 of this Law:
|
| | | | (A) | Unanimous passing of resolution for this in the floor owners board, |
| | | | (B) | Duly and unanimously re-determining of plot shares to be allocated to all independent sections of the main immovable including the constructed new annexes, depending on the form that the main immovable will take after construction,
|
| | | | (C) | By establishing floor easement in accordance with article 16 of this Law by a contract to be made before the competent official of the District Lands Office, on the plot share as allocated to the new independent section to be added, registering this in the easement box of the floor ownership book in the District Lands Office, of all independent sections of the main immovable, and establishing of connection in accordance with the rules of article 15 of this Law and with the closed book page of the main immovable.
|
| | | (2) | | It is indicated in the contract that the plot owners who themselves do not want to participate but they give their consent for the annexes and expansions of quality indicated in the above subparagraph (1), accept allocation to the independent sections of those who perform the annex, of the part which decreases due to these annexes, from their plot shares. In this case on condition that the consideration of the part which decreases due to the new allocation from the plot shares of floor owners who do not participate in construction of the new independent section is paid to them, the newly constructed section is converted to floor ownership in accordance with the old contract which is concerned with establishment of floor easement, becomes the property of the one who constructed it or becomes common property of the ones who constructed it and is registered to the names of the new floor owner or owners in a separate page of the floor ownership book of registry.
|
Trasferred possessions and important administration affairs | 47. | | | Transferred possessions such as registration of the main immovable with a right and dividing of the plot and transferring of the divided part to somebody else or important administration affairs such as renting of the external walls, roof frame or roof for advertisement reasons can only be performed upon unanimous resolution of all floor owners.
|
