What is the Quorum for the Board of Flat Owners Meeting and Decision Quorum?

It is extremely important that the decisions taken in order to maintain apartment and housing estate life in an orderly manner have legal validity. The official meeting where the condominium owners must take decisions on many issues such as common areas, manager selection, dues, maintenance and repair works is the board of condominium owners meeting. In this article, we discuss the validity conditions of these meetings, the quorum and the legal regulations to be considered according to the Condominium Law.

What is the Board of Condominium Owners?

The board of condominium owners is the official decision-making body consisting of all independent section owners in the apartment building or site. In other words, every apartment owner is a natural member of this board. This board meets at least once a year and many important decisions are taken here.

Which issues are discussed in the Board of Condominium Owners?

Pursuant to the Condominium Law, the board of condominium owners has the authority to take decisions on the following main issues:

  • Election or replacement of the apartment manager

  • Preparation and approval of the annual budget

  • Determining the amount of dues and advances

  • Maintenance, repair and renovation of common areas

  • Decisions on common technical systems such as elevators, roofs, facades

  • Legal transactions (filing a lawsuit, granting power of attorney, etc.)

Attendance Required for a Valid Meeting

According to the Condominium Law, in order for a general assembly meeting to be considered valid, more than half of the independent section owners (condominium owners) must actually attend the meeting.

Example:
In an apartment building with 10 apartments, at least 6 floor owners must attend the meeting for it to be considered valid.

What is the Quorum?

Decisions taken by the majority of the owners attending the meeting are considered valid. This is explained with the expression "absolute majority".

In other words, if there are 6 people attending the meeting, at least 4 people must approve for a decision to be valid.

However, in some special cases, unanimity may be required. Such situations include:

  • Use of common areas for a different purpose

  • Decisions that will change the architectural structure of the building

  • Amendments to the management plan, the constitution of condominium ownership

decisions such as these. In such cases, the approval of all condominium owners is required.

Second Meeting Right and Legal Details

If a quorum is not achieved at the first meeting, a second meeting may be organized by the manager. In this second meeting, the meeting can be held without a majority, but the decisions taken are valid with the absolute majority of the participants of the meeting.

However, the second meeting must also be held within a certain period of time and must be announced in writing to all condominium owners. These periods are clearly stated in the Condominium Law.

Why is the Minutes of the Board of Condominium Owners Meeting Important?

After each meeting, a meeting minute must be created in which the decisions taken are recorded in writing. This report

  • It is an official document

  • Used to prove the decisions taken

  • If necessary, it can be shown as evidence in court proceedings

The minutes of the meeting should clearly indicate the participants, decisions taken and voting results. Signatures of all participants should be obtained.

Conclusion Strong Governance Starts with Valid Decisions

The basis of a healthy functioning of apartment and housing estate management is correct and lawful decision-making processes. The timely convening of the board of condominium owners, holding the meetings in accordance with the procedure and taking valid decisions are of great importance for both the healthy functioning of the management and the prevention of possible disputes.

AsMazı Yönetim, we manage all decision-making mechanisms in apartment and site management processes in accordance with the Condominium Ownership Law; we offer residents a transparent, legal and peaceful living space.