Decisions of the board of condominium owners

The main management body of the association formed by the condominium owners is the board of condominium owners. The decisions taken by the board of condominium owners at its meetings are binding on all condominium owners included in the condominium association. It is very important that the meetings to be held for taking decisions are held in accordance with the procedure. When the procedure of the meetings is violated, the validity of the decisions taken will be affected. For this reason, in our study, firstly, the meetings of the board of condominium owners are analyzed in terms of form. Long after the Law No. 634 on Condominium (KMK) entered into force, with the addition of the regulations on collective buildings to our legislation, since different management bodies may also be formed in addition to the board of condominium owners of collective buildings, explanations have been made about the meetings by taking into account the collective buildings. On the other hand, although the meetings of the board of condominium owners are held in accordance with the PDA and the management plan, the subject matter of the decisions taken may lead to nullity. Thus, the decisions taken in a duly held meeting should also be considered from a material point of view. Determining the type of nullity of the resolutions is a serious problem in practice. The consequences of the decision being null and void, absolute nullity or annullable differ from each other. This differentiation is not only in terms of the lawsuits to be filed, but also in terms of alternative dispute resolution methods.