Mesajı Okuyun
Old 25-01-2006, 18:54   #4
Konuk

 
Varsayılan

Dear Sir/Madam,

As I understand from the indications you gave, you just would like to rent your apartments for the time that you don't use; however, the administrator whom is selected by the votes of the owners tries to prevent it. If the problem is that I explained simply, there should be no problem in renting of your aparments. According to the Law on Freehold Flat, in keeping with the articles of this Law, the owners have all the rights and authorities granted by Civil Law on the independent parts that are owned.
What are those rights and authorities? The answer is, sticking with the subject matter, that you absolutely can rent, sell or make the part use. The independent part means the apartment and other places you own as the case may be. However, AS A GENERAL RULE, the owners or the HIRERS (this expression is what exactly used by the Law), while using the independent parts, the additional parts or the common areas, shall observe the honesty and rightfulness rules; shall not disturb each other and moreover, not override each other's rights. Additionally, the owners shall comply with the "plan for administration." The owners and the hirers are jointly and severally bound by those provisions.
The reason why the administrator (as you call 'baskan') objects to such rental could be:

1. He/She may be afraid that the General Rules aforementioned can be breached (by the person/s who are supposed be hirers).

2. In the "plan for administration", the owners (namely you all) might have decided that the apartments can not be rented to other persons or not be made available to use thereof. Besides, some sort of certain conditions as to rental might have been regulated in the plan. Talking on this possibility, nobody can make a decision breaching his constitutional rights, even at the expense of himself. However, if the prevention or the condition as the case may be is "reasonable", that should rule. How the condition or the prevention can be determined as "reasonable" is a matter of proof and may change case by case.

3. As you may know, there is a Flat Holders' Board who are supposed be consisted of the owners and are meet periodically. In a decision, the Board might have unanimously prevented the rental of the flats to other persons. Reserving the explanation for the possibility number 2, if you were being at the relevant Board meeting and have signed the bottom of the decision, you are bound by it unless otherwise there is a court decision recognizing that decision null and void. On the other hand, if you were not being in the relevant meeting and the decision was held in the absence of you, then you may raise an objection in the court. Lastly, if the decision was held in the absence of you but declareted legally to you, again you need to read the explanation for the possibility number 2.

I hope this made the matter clear.

All the best.

Av. Ahmet Sirvan KILIC
Istanbul Bar

ahmetsirvan@yahoo.com