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Old 15th October 2014, 22:45   #1 (permalink)
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proxy voting

We are on a complex with 59 tapus. Can anyone tell me how the 5% limit operates? I had interpreted the English translation of Law 634 and 5711 that fractions were not to be taken into account so I have always been under the impression the maximum number of proxy votes that could be held by a non owner on our site was 2 . However we have been told by the site manager that this is not correct - the number of proxy votes that a non owner can hold on our 59 owner site is 3. Can anybody give a definitive answer as to whether 2 or 3 is the correct number.
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Old 16th October 2014, 07:39   #2 (permalink)
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Re: proxy voting

Quote:
Originally Posted by WIDDRINGTON View Post
We are on a complex with 59 tapus. Can anyone tell me how the 5% limit operates? I had interpreted the English translation of Law 634 and 5711 that fractions were not to be taken into account so I have always been under the impression the maximum number of proxy votes that could be held by a non owner on our site was 2 . However we have been told by the site manager that this is not correct - the number of proxy votes that a non owner can hold on our 59 owner site is 3. Can anybody give a definitive answer as to whether 2 or 3 is the correct number.
I can't back it up with any references to books etc but it has always been my understanding that a 'non owner' can only hold 2 proxy votes. 'An owner' can have 3, his/her own and two proxies...
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Old 16th October 2014, 07:56   #3 (permalink)
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Re: proxy voting

[QUOTE=dod;953899]I can't back it up with any references to books etc but it has always been my understanding that a 'non owner' can only hold 2 proxy votes. 'An owner' can have 3, his/her own and two proxies...[/QUOTe

that was also my understanding Dod until last weeks meeting
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Old 16th October 2014, 15:20   #4 (permalink)
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Re: proxy voting

We were always told 2 for non owner and 3 for owner. Sitesi with 40 owners/
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Old 16th October 2014, 17:30   #5 (permalink)
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Re: proxy voting

III. PARTICIPATION IN VOTING

ARTICLE 31- Each apartment owner, regardless of his land share, has only one vote.


Whereas the apartment owner who possesses more than one independent apartment shall have one votes for each independent apartment. Nevertheless, no matter how many independent apartments one has, the maximum number of votes that an individual apartment owner has, can not exceed one third of the total number of votes. (fractional numbers are not taken into account in the process of calculating votes) If there is more than one owner of an independent apartment, only one of them is chosen as the representative of the others.


(Amendment of date:28.11.2007-5711/Article 16)

Apartment owners can vote through a responsible person nominated by proxy to represent them in the board meeting. One person cannot be assigned as the representative to use more than 5% of the total number of votes. However, as per the immovable assets which are subject to forty or less independent apartment ownerships one person can represent a maximum of two apartment owners."
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Old 16th October 2014, 18:12   #6 (permalink)
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Re: proxy voting

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Originally Posted by the bueman View Post
III. PARTICIPATION IN VOTING

ARTICLE 31- Each apartment owner, regardless of his land share, has only one vote.


Whereas the apartment owner who possesses more than one independent apartment shall have one votes for each independent apartment. Nevertheless, no matter how many independent apartments one has, the maximum number of votes that an individual apartment owner has, can not exceed one third of the total number of votes. (fractional numbers are not taken into account in the process of calculating votes) If there is more than one owner of an independent apartment, only one of them is chosen as the representative of the others.


(Amendment of date:28.11.2007-5711/Article 16)

Apartment owners can vote through a responsible person nominated by proxy to represent them in the board meeting. One person cannot be assigned as the representative to use more than 5% of the total number of votes. However, as per the immovable assets which are subject to forty or less independent apartment ownerships one person can represent a maximum of two apartment owners."
hi Bueman. So would you agree that the max number of proxy votes for a non owner to hold on a 59 TAPU site is 2? Despite forwarding our view that fractions are discounted the site management company are still insistent that as the calculation is 2.95 ( ie 59 x .05) then the max number of proxy votes a non owner can lodge is 3 !
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Old 16th October 2014, 19:57   #7 (permalink)
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Re: proxy voting

Hi Alan

Yes....I agree with your calculation....if you apply the rule of 3 you will be beyond the quota of 59 Tapu's
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Old 20th October 2014, 20:25   #8 (permalink)
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Re: proxy voting

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Originally Posted by the bueman View Post
Hi Alan

Yes....I agree with your calculation....if you apply the rule of 3 you will be beyond the quota of 59 Tapu's
Well well well Bueman- we were both wrong it seems. At the 2nd meeting of the AGM on Friday the site management's lawyer stated that it was perfectly ok for a non owner to hold 3 proxy votes ( site has 59 tapus). Objectors had understood that a non owner could hold no more than 5% of the total votes available with fractions not being counted as eligible. But as 5% of 59 =2.95 then it would seem that it is ok to round the figure up to 3. The owners present of course had been reliant on the English translation of Laws 634 and 5711 - as published in http://www.bodrumbulletin.com/.../Tu...aw-English.pdf - perhaps there has been something lost in the translation.

Last edited by WIDDRINGTON; 20th October 2014 at 20:31..
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Old 21st October 2014, 06:42   #9 (permalink)
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Re: proxy voting

Widdrington why not ask for a copy of the relevant clause(s) in the original Turkish and get an independant opinion. The English translation that I have seems emphatic.
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Old 21st October 2014, 12:46   #10 (permalink)
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Re: proxy voting

Hi Alan

I note your response......taking another approach.....what if the owners accept and use this clause to their advantage or is it a case of the Developer gaining an upper hand.

Hope it works to the owners benefit.
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