Does the Site Board Know Its Legal Responsibilities?

According to the Condominium Law, apartment and site management boards are directly responsible not only for administrative operations but also for many responsibilities before the law. The most common problems encountered in practice are the lack of awareness of these responsibilities or their incorrect implementation.

So, what are the duties of a site management board, what are its limits, and what could be the legal consequences of incorrect practices?

Legal Basis: Condominium Law (KMK)

According to the Condominium Law (KMK), apartment and site management boards are not only responsible for administrative but also for many legal responsibilities. If these boards do not act in accordance with the relevant legislation and management plan, both administrative functioning is disrupted and significant legal risks may arise. Therefore, it is of great importance for management boards to know their duties, boundaries and responsibilities very well and to act within this framework.

Position of the Board of Directors in the Condominium Law

According to Article 34 of the Condominium Law No. 634, it is mandatory to appoint a manager in buildings with eight or more independent units. This management can be in the form of an individual manager or a board of directors. However, in all cases, the duties and authorities of the manager or board are directly specified in the Condominium Law and the relevant management plan, if any.

Duties and Responsibilities of the Board of Directors

The board of directors is responsible for maintaining the operation of an apartment building or site. Their duties can be listed as follows:

Implementation of the decisions taken by the condominium owners' council,

Protection, maintenance and cleaning of common areas,

Carrying out the duties of collecting membership fees and advance payments in an orderly and transparent manner,

Creating income-expense tables, documenting expenses,

Providing regular information to the flat owners,

Recording all decisions and expenditures in the decision book in accordance with the procedure,

Insuring the building, organizing security services,

Providing legal representation (e.g. eviction, debt collection, filing a lawsuit).

The full performance of the duties of the board of directors ensures peace between the owners and ensures the sustainability of order within the building.

Common Application Errors and Their Legal Consequences

In practice, it is observed that boards of directors engage in unlawful practices for various reasons. These are usually due to lack of information. The most common mistakes are:

Failure to keep the decision book in accordance with the procedure or not keeping it at all,

Making large expenditures without the approval of the condominium owners' council,

Failure to document dues collections or discrimination,

Unauthorized transactions regarding the rental of common areas,

Failure to hold general assembly meetings in accordance with the procedure (incomplete call, lack of quorum),

Making decisions contrary to the management plan.

Such faulty practices not only result in the removal of management, but can also lead to personal liability for directors. In particular, compensation lawsuits can be filed against board members due to transactions that cause damage, and in some cases, criminal liability can be brought to the agenda.

Why Is Legal Consulting Essential?

Flat owners or managers experience various hesitations due to frequently changing legal regulations and differences in practice. For this reason, it is vital for managements to receive professional legal support, especially on the following issues:

Cancellation or defense of general assembly decisions,

Initiating enforcement proceedings to collect membership dues,

Preparation of contracts (common area rental, security, cleaning, technical services, etc.),

Keeping all documents and books in accordance with the procedure,

Management of the mediation or litigation process in disputes that arise,

Reorganization or modification of existing management plan.

At this point, it should be known that professional site management companies only carry out administrative procedures; however, legal responsibilities remain with the board of directors. Therefore, legal support should not be neglected.