Apartment Manager Change Decision: Step-by-Step Legal Process & Sample Text
Apartment and site management is a vital mechanism for the peace, security, and preservation of property value for building residents. However, things don't always go smoothly; the manager's neglect of duty, lack of transparency, or communication breakdowns quickly degrade quality of life. So, in such a situation, how is an apartment manager changed? It is essential to act not on hearsay but on the clear guidelines of the Condominium Ownership Law No. 634 (KMK). In this article, we will examine the legal steps of manager change and present a sample text you can write in the decision book.
How Is the Manager Changed?
An Extraordinary General Assembly is convened with the signed call of at least 1/5 of the property owners. At the meeting, the dismissal of the former manager and the election of the new manager are voted on.
What Is the Required Majority? (Important Correction)
Contrary to a common misconception, a manager change cannot be made with just the majority of "those attending the meeting." Per KMK Article 34, for a new manager to be elected, the majority of all property owners both in number and land share (more than half) is required. Decisions made without exceeding this legal threshold will be overturned by the court.
1. Why Is an Apartment Manager Changed? (Valid Reasons)
The dismissal (removal) of a manager makes the legal process much smoother when based on justifiable grounds. The most common and valid reasons that drive property owners to this decision are:
- Abuse of Duty and Financial Opacity: Failure to document where collected dues are spent, failure to present invoices, or making irregular expenditures without bidding.
- Violation of Legal Obligations: Neglecting elevator periodic maintenance, Social Security (SGK) declarations, staff salaries, or common area insurance premiums (This directly carries life safety and financial penalty risks).
- Poor Performance and Negligence: Common areas remaining unhygienic, roof leaks or burst pipes going unaddressed for days.
- Lack of Communication and Arbitrariness: Mocking/confrontational communication with property owners, arbitrary implementation of decisions without recording them in the book.
2. Manager Change Process: 3 Critical Steps
The change must be made not by messaging in a WhatsApp group, but in the bureaucratic order required by law.
A) Making the Meeting Call (Critical Threshold)
If the time for the annual Ordinary General Assembly has not come, owners must request an Extraordinary General Assembly. For this, at least 1/5 (20 percent) of property owners make a call for an "extraordinary meeting with elections" to the current manager with a wet-signed petition. If the manager refuses, the calling committee makes this invitation to the owners themselves (to reach them at least 15 days before the meeting) by registered mail or against signature.
B) Election and Legal Majority
The agenda item must definitely be "Election of New Manager." As stated above, for the manager to be changed, the "acceptance" vote of more than half of all independent unit owners both in number and land share is required. Otherwise, the decision may be subject to a cancellation lawsuit. The new manager may be from within the building or an external professional company.
C) Handover-Takeover (Legal Closure)
After the decision is made, the former manager must hand over the Decision Book, Operating (Accounting) Book, invoices, bank tokens/passwords, and building fixtures (keys, etc.) to the new management in full with a "Handover-Takeover Report".
3. Sample Apartment Manager Change Decision Text
When the majority is achieved at the meeting, a text conforming to the format below should be recorded in the Decision Book and signed by the attendees.
DECISION DATE: 15/05/2026
MEETING PLACE: [Apartment/Site Name] Building Entrance Lobby
MEETING TYPE: Extraordinary General Assembly
AGENDA: Dismissal of the Current Manager and Election of New Manager (or Management Company)
DECISION TAKEN:
1. As a result of the voting conducted by the board of property owners, the dismissal (removal) of the current apartment manager Mr./Ms. [Former Manager Name Surname],
2. To the vacated manager position, with the majority of all property owners both in number and land share per KMK Law No. 634 Article 34, the election of Mr./Ms. [New Manager Name] / [Professional Company Name] for a term of 1 year,
3. Granting the new manager the authority to open bank accounts on behalf of the apartment, take over existing accounts, deposit/withdraw money, initiate enforcement proceedings, and represent the apartment before official institutions,
4. The former manager to hand over the Decision Book, Operating Book, bank statements, invoices, and all apartment documents to the new management with a "Handover-Takeover Report" within 7 business days at the latest,
Decided by unanimous/majority vote of the attendees.
SIGNATURES:
Council Chair: [Signature] Secretary Member: [Signature]
Property Owners (Those Accepting): [Name - Unit No - Signature list added]
4. Legal Processes and Pitfalls to Watch Out For
This is the most frequently encountered crisis. If the dismissed manager refuses to transfer the Decision Book and bank accounts to the new management, this constitutes the crime of "Breach of Trust" under the Turkish Penal Code. The new management has the right to send a formal notice via a notary and then file a criminal complaint with the Public Prosecutor's Office.
- Bank Transactions: Immediately after the decision book is notarized (signature circular issued), the relevant bank should be approached and the former manager's signing authority on the bank account should be promptly canceled and accounts transferred to the new manager.
- Professional Transition: These tense handover-takeover processes experienced among amateur managers rest on a completely legal and smooth foundation when management is transferred to professional companies such as Imer Yonetim.
5. Frequently Asked Questions (FAQ)
A manager change, though sometimes exhausting, is a brave step that must be taken for your apartment's financial health and living comfort. However, the "old neighbor leaves, new neighbor comes" cycle usually does not solve problems, it just changes names. The real solution is to institutionalize the process.
Leave Amateur Crises Behind, Switch to Professional Assurance!
Are you tired of endless dues crises, opaque spending, and tense handover-takeover processes in your apartment? Put not a new neighbor's name but the signature of institutional assurance in the decision book.
With only 300 ₺ management service fee per independent unit, switch to Imer Yonetim's digital, legal, and transparent infrastructure. Let us take over the process in a legally compliant manner while you enjoy the peace.
Imer Yonetim
