Monday, March 11, 2013

General Assemblies & Votes

Spring and early summer is high-season for General Assemblies. This is where decisions for the upcoming year is made, boards are elected and the complex is starting the preparations for the summer season.

These General Assemblies are sometimes quite lively since the residents are not always able to agree about what will be done, when and who will do it.
These disagreements are then settled by voting. Knowing the rules and regulations described in the Turkish Law related to the voting process of owners unions are there for extremely important.
These rules describes how many votes a single person can hold, how many power of attorneys a single person can hold and what kind of majority is needed depending on the type of decision.

Always pay close attention to the following:
- One person can hold a maximum of 1/3 of the total amount of valid votes.
- One person can hold power of attorneys for maximum 5 percent of the total amount of available votes and at the general assembly the person can vote using his own votes PLUS the power of attorneys in case it does not exceed 1/3 of the total amount of valid votes.

Example:

A complex has 100 units. The constructor has 40 unsold apartment, the remaining 60 apartments are individually owned. 
At the general assembly all owners are present or represented by power of attorney, making the amount of valid votes 100.
The constructor has power of attorneys from 5 owners. (Which is also the maximum amount of power of attorneys that he can hold).
But when voting the constructor can hold a maximum of 1/3 of the total amount of valid votes, in this case 33.

He can then choose to use 33 of his own votes, or use 28 of his own votes and the 5 power of attorneys.

These rules are described clearly in the laws related to property in Turkey. We strongly recommend everyone with an interest in this subject to study these laws, or at least make sure that the administrator of the complex are familiar with these.







This blog-post is written by 2Base Estate Agency & My2Base Holiday Homes
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