Annulment of general assembly resolutions in Condominium Law

The formation of collective and multi-storey buildings with the necessity of developing and changing collective life depending on the population growth rate; In these structures, it has become mandatory for people with different economic and socio-cultural lifestyles to live together. In order to determine the management provisions in the collective and multi-storey buildings where individuals live, and to regulate their rights and responsibilities towards each other within the framework of the provisions determined with other residents, the Condomi-nium Ownership Law No. 634 took its place in our legislation on January 2, 1966. According to the Law No. 634, due to the one-plot-one-building principle, the emergence of management problems in the collective structures exceeding a single parcel, causing the necessity to reorga-nize the concepts of construction servitude and condominium ownership, due to the necessity of rearranging the concepts of construction servitude and condominium, under the title of "Ninth Section", which was added to the Law No. 634 with the Law No. 5711 of 14.11.2007. With the "Special Provisions on the Law", special provisions were introduced for collective structures separated from a single structure. Duties and responsibilities of life and floor owners towards each other have begun to emerge in collective buildings. If one of the flat owners acts contrary to the debts and obliga-tions that fall upon its, it will face the legal sanctions of the other owners. Issues that cannot be resolved with the decisions of the floor owners board are resolved definitively by the other owners requesting the intervention of a judge. Flat owners cannot act against the mandatory orders of the law, the management plan and the decisions of the flat owners board. If a provision in the management plan is against the law, if one of the relevant floor owners cannot come to terms with the other owners in the floor owners' board, they may request the intervention of the judge regarding this illegal pro-vision. The judge examines the decision taken by the floor owners' board according to article 33 of the KMK and decides whether there is a need for annulment of the decision in the ac-tion for annulment.