DoctorateOpen Access

Liability of the manager in condominium law

2024
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Advisor: Prof. Dr. Hayrunnisa Özdemir

Abstract (EN)

The most disputes in condominiums arise from the management of the condominium. In condominium ownership, the management of the main real estate is provided by the board of flat owners and the manager in accordance with the management plan and the Law. The board of flat owners acts like a general assembly and takes management-related decisions in accordance with the form required by law. The manager is appointed by the board of flat owners and carries out the duties assigned to him by the board of flat owners, the management plan and the law. The manager's legal status is that of his as a agent, and his duties and responsibilities are evaluated within the scope of agency contract. The manager's responsibility towards the flat owners is considered as a contractual liability as a result of being accepted as an agent. The contractual liability of the manager must be determined within the scope of the power of attorney agreement and the provisions of the Condominium Law. In this study, firstly, the concepts of condominium ownership and collective building were explained, after explaining the management plan, which is considered the constitution of the management, and the common places that constitute the subject of the management, the management bodies were emphasized, and after the contractual relationship, which is the source of responsibility of the manager, was discussed within the scope of the professional management contract, the conditions and consequences of the responsibility were tried to be explained. In the conclusion section, suggestions for changes and practices that need to be made to improve management in condominiums are presented.

Author

Dr. Serhat Küçükçapraz

How to Cite

Serhat Küçükçapraz (Doctorate thesis). Liability of the manager in condominium law, 2024, Ankara Social Science University.

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