Sample Petition For Appointment Of Apartment Manager
How is Apartment/Site Management Elected?
Apartment or housing estate management can be elected by the residents of the apartment or housing estate themselves, or it can be formed by electing an external person or a company. There are two bodies in terms of apartment buildings. These are the general assembly and the manager. All homeowners constitute the general assembly. In addition, there is also an administrator. The floor owners, i.e. homeowners, appoint the manager.
In order to appoint a manager, a decision must be made with the majority of the number and land share. A single manager can be appointed or a board of directors of 3 people can be appointed. If there are 8 or more than 8 independent sections in the building in question, it becomes compulsory to appoint a manager. The manager is appointed annually by the majority of the land share and number. If the parties cannot agree, the manager is appointed by the magistrate. The manager may be one of the condominium owners or an external person. When the manager is appointed, a power of attorney contract is established between the condominium owners and the manager.
SAMPLE PETITION FOR THE REQUEST FOR THE APPOINTMENT OF APARTMENT BUILDING MANAGER
TO THE JUDGE OF THE … MAGISTRATE LAW COURT
THE PLAINTIFF
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : It consists of our Request for the Appointment of Apartment Manager.
EXPLANATIONS :
1-) My client lives in … Apartment Building located at … address. … In the apartment building with … apartments, at the last general assembly meeting held on …/…/…, the required voting rates were not achieved and it was not possible to elect an administrator. (ANNEX-1)
2-) The apartment is a very problematic building. … works are being done. Currently, all these works are left unattended.
3-) In accordance with the law, we request your court to elect an administrator for the residents of the apartment building who cannot elect their own administrator.
LEGAL GROUNDS : 634 S. K. art. 34
LEGAL EVIDENCES :
1-) Management plan,
2-) Decision book.
3-) Expert Examination.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that your court decides to appoint an administrator for the … Apartment where our client resides, and to charge the trial expenses and attorney fees to the other party. …/…/…
ANNEXES :
1-) Management plan,
2-) Decision book.
3-) One approved power of attorney sample
Counsel for the Plaintiff
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