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Old 17th June 2014, 20:32   #1 (permalink)
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Redevelopment due to earthquake laws

Hi,

I hope someone who has actually been through this process recently can help me. I live in Istanbul in an apartment in a building that is about 30 years old. I own my apartment. Taking advantage of changes made a few years ago, a 2/3 majority of homeowners in my building voted to have our building torn down and rebuilt.

I won't bore you with the reasons I don't want this, and anyway, I can't now stop it from happening. At the moment we are meeting with developers and looking at floor plans and technical specs and such like.

What I need to know is does the 2/3 majority rule apply to signing with a developer? Or does it have to be 100% agreement? My fellow home owners seem happy to go with the developer with the brightest fake tan and shiniest teeth, never mind the details! I can't find anything in English on this topic, and I give up wading my way through the laws in Turkish.

Any help greatly appreciated.

Lisa
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Old 17th June 2014, 23:05   #2 (permalink)
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Re: Redevelopment due to earthquake laws

Lisa

I believe this would require the signed approval of four fifths of the owners, if the apartments come under Condominium law (8 or more apartments) but I am not certain.

I am sure other TLF members who know better than me will be along to help soon.

The Condominium law is available in English.
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Old 18th June 2014, 05:03   #3 (permalink)
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Re: Redevelopment due to earthquake laws

Hi Tosmur,

I have never seen anything about a 4/5 majority, just 2/3. Do you have a link to this law written in English? That would be really helpful.

Thanks.
Lusa
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Old 18th June 2014, 11:30   #4 (permalink)
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Re: Redevelopment due to earthquake laws

sent you pm with link to English version of Turkish Condominium law
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Old 18th June 2014, 11:35   #5 (permalink)
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Re: Redevelopment due to earthquake laws

Do you have a management Plan?


To alter anything in the plan would need 4/5th of the owners to agree.

Have a read of this old thread too,
Turkish Laws for Management of Condominiums
it may help you check if the current situation at your apartments is legally justified or not.
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Old 18th June 2014, 12:25   #6 (permalink)
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Re: Redevelopment due to earthquake laws

A planning application to be successful need to be supported by the agreement of all owners of properties on the plot on which the apartment block stands. When our neighbour wanted to extend he came to each houseowner ( Tapu holder) and we each gave him written permission for what he proposed. The plot is the historic piece of virgin land and is I believe from memory referenced on the Tapus.
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Old 18th June 2014, 20:10   #7 (permalink)
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Re: Redevelopment due to earthquake laws

Quote:
Originally Posted by Chinook View Post
A planning application to be successful need to be supported by the agreement of all owners of properties on the plot on which the apartment block stands. When our neighbour wanted to extend he came to each houseowner ( Tapu holder) and we each gave him written permission for what he proposed. The plot is the historic piece of virgin land and is I believe from memory referenced on the Tapus.
If someone wants to enclose an open terrace balcony with glass or perspex does this need planning permission and does this require the agreement of 80% or 100% of owners?
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