Voting at General Assemblies: Key Rules and Procedures

Spring and early summer mark the high season for General Assemblies in residential complexes. During these meetings, important decisions for the upcoming year are made, new boards are elected, and preparations for the summer season begin.

General Assemblies can sometimes become quite lively, as residents may not always agree on what needs to be done, when, or by whom. When disagreements arise, they are typically resolved through voting. It is therefore crucial to be familiar with the rules and regulations governing the voting process, as outlined in Turkish law—specifically the Condominium Ownership Law (Kat Mülkiyeti Kanunu). These rules determine how many votes a single person can hold and how many proxies (power of attorneys) one can represent.

Key Points to Remember:

Vote Limit per Person or Entity:

A single person or entity (such as a company or organization) can hold a maximum of one-third (1/3) of the total registered valid votes at the meeting.

Example: In a complex with 100 total votes, if only 60 votes are registered at the meeting, a person can hold a maximum of 20 votes (including their own and any proxies). If a person exceeds this limit, they cannot distribute their excess votes to others via proxy.

Proxy Limit:

A person or entity can hold proxies for a maximum of 5% of the total number of votes in the complex.

Example: In a complex with 100 votes, a person can represent a maximum of 5 votes via proxy, provided this does not exceed the 1/3 limit of registered votes at the meeting.

Total Votes per Person:

A person may vote using their own votes plus those received via proxy, as long as the total does not exceed 1/3 of the registered valid votes at the meeting.

Example: In a complex with 100 votes, a person who owns two apartments (2 votes) and holds 5 proxies can vote with a total of 7 votes, provided this is within the 1/3 limit of registered votes.

The specific voting procedures are determined by the meeting participants and the chairperson. Both open voting (by raising hands) and secret ballots are acceptable.

We strongly recommend that all interested parties familiarize themselves with the relevant laws or ensure that their complex’s administrator is well-versed in these regulations.

Additionally, there are numerous court precedents available for situations not explicitly covered by the law.

For reference, the full text of the law is available in Turkish here: https://www.mevzuat.gov.tr/MevzuatMetin/1.5.634.pdf

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