How to Select an Apartment and Residential Community Manager? (Step-by-Step Selection Process According to KMK)

Appointing a manager or a board of directors in apartment buildings and residential complexes is a legal requirement to ensure order, maintain property upkeep, and execute financial operations. Below is a summary of how the management selection process works under the Condominium Law No. 634 (KMK), including required voting majorities and key legal considerations.

1. Obligation to Appoint a Manager

According to Article 34 of the Condominium Law, appointing a manager is mandatory for properties with 8 or more independent units (apartments/shops).

For properties with fewer than 8 units, property owners may choose to appoint a manager voluntarily.
The manager can be selected from among the property owners or appointed from outside as a professional manager or management company.

2. Timing and Meeting Call Procedure

Ordinary General Meeting: As a rule, managers are elected once a year during the Ordinary Meeting of the Board of Owners held at the times specified in the management plan.
Extraordinary General Meeting: If a manager resigns, is removed, or an urgent situation arises, an election can be held by calling an extraordinary meeting. The meeting date, location, and agenda must be notified to all property owners at least 15 days in advance via signed delivery or registered mail.

3. Decision-Making Majority (Crucial Requirement)

Unlike routine operational decisions, the election of a manager requires a specific legal voting majority:

Double Majority Rule: To elect a manager, a majority must be reached both in terms of the total number of property owners and the total land share (arsa payı).

Example: In a 20-unit building, at least 11 property owners must vote "yes", and these voters must also represent more than half of the total land shares. This requirement applies regardless of how many owners actually attend the meeting.

4. What Happens If Owners Cannot Agree?

If the required majority cannot be met or a manager cannot be elected at the meeting:

Any property owner may apply to the local Civil Court of Peace (Sulh Hukuk Mahkemesi) to request the appointment of a manager by the court.
The judge will appoint a manager after hearing the relevant parties (from among the owners if possible, or an external candidate). A manager appointed by the court cannot be changed for 6 months without judicial permission.

5. Term of Office and Remuneration

Unless stated otherwise in the management plan, the manager is elected for a term of 1 year. A manager whose term expires may be re-elected.
Unless decided otherwise by the board, a manager selected from among the owners is exempt from participating in general management costs or is granted a discount/stipend as determined by the owners.

Frequently Asked Questions

Can tenants vote in the manager election?

Tenants cannot vote directly. However, they may attend the meeting and vote on behalf of the owner if they hold a written power of attorney (proxy) from the property owner.
Is the same majority required when hiring a professional management company?

Yes, delegating management responsibility to an external company still requires both a numerical majority and a land share majority (double majority).