Projects
First time in Turkey!
You have an opportunity to live in the new apartment, paying its cost in parts, without percent 0%, in current of 30 months.
Interior Floor plans Availability Lists
Management Plan
GENERAL PROVISIONS:
ARTICLE-1: The immovable property constructed on A B and C blocks in lot 1, block 113, lot 4, block 113, lot 10, block 115, and lot 8, block 117 found in the Mahmutlar Quarter in the Center of Alanya District of Antalya Province, which will be turned into a condominium sharing pursuant to the provisions of Condominium Law number 634, shall be managed due to this management plan, provided that the obligatory provisions of the law being preserved. The immovable property found at lot 4, block 113 found in the Central Mahmutlar Quarter of Alanya district of Antalya Province and A-B and C blocks at lot 1, block 114 found in the Central Mahmutlar Quarter of Alanya district of Antalya Province and immovable properties found at lot 10, block 115, lot 8, block 116, lot 8 block 117, which are subject to this Management Plan, together constitute the My Marine Residence site and have the same management plan and are managed jointly under the same My Marine Residence plan. This management plan is agreed and undersigned unanimously.
ARTICLE-2: The apartments of this immovable property under the name of My Marine Residence shall be used only for residence purposes. They shall not be used for other purposes. (Excluding the apartment number 6 and its additions found at lot 4, block 113 and the apartment number 5 and its additions found at lot 8, block 117.)
ARTICLE-3: Excluding the additions allotted to the independent parts of the main immovable property, the places listed in Article 4 of the Condominium Law and the other places which are essential for the common use, protection and benefit of the apartment owners shall be common places.
ARTICLE-4: This Management Plan and the amendments to be made therein shall bind the owners of the entire independent parts of the main immovable property and the inheritors thereof, third parties who will receive the ownership of such independent parts by way of sales or otherwise, and the ones residing or benefiting from the independent parts based on any reason. Agreement of 4/5 of the entire apartment owners is required in order to amend the management plan.
ARTICLE-5: In cases where no provisions are found in the register of title deeds or in the contracts between the apartment owners or this management plan, the provisions of the condominium law, civil law and the other relevant laws shall be applied.
RIGHTS AND LIABILITIES OF THE APARTMENT OWNERS
ARTICLE-6: The apartment owners shall have the entire rights and authorities which the civil law grants to the apartment owners on the independent parts owned by themselves, provided that the provisions in the Condominium Law, contracts and the management plan are being preserved. However, the apartment owners cannot carry out any repairs and establishments which may damage the main structure in their own independent parts.
ARTICLE-7: The apartment owners shall own the entire common places of the main immovable property pursuant to the provisions on ownership and shall benefit from such places due to the provisions of Law, contracts, and management plan.
ARTICLE-8: The apartment owners are obliged to show care for the maintenance, cleanness and protection of the common places and to diligently protect the beauty and durability of the immovable property.
a) The repairs and establishments at the common places and the outer whitewash and painting works cannot be carried out without the consent of the entire apartment owners, and repairs and alterations which does not damage the main structure can be carried out at the independent parts which are connected with a ceiling and floor wall based on the joint consent of the apartment owners at such parts. Such repairs and alterations cannot be carried out between April 01 and October 31, which is considered as the tourism season. In urgent cases and when there is absolute necessity, repairs and alterations may be carried out at the hours determined by the management depending on the permission of the manager.
b) The garden part, which is a common place found at the front façade of the main building and which is suitable due to the development regulations, shall be used as a parking lot. However, the parking lot shall not be polluted and shall not be used in a manner to give harm to the other apartment owners, the residents of the independent parts, and the persons benefiting from such places.
c) The right of use of the parking lot of 4 vehicles found at Lot 4, Block 113 shall belong exclusively to apartment number 6 free of charge.
d) In case doorkeeper flats are allotted alternative to the doorkeeper flats found at apartment number 5, block A, lot 1, block 114; apartment number 5, block B, lot 1, block 114; and apartment number 5, lot 8, block 116, the right of use of these places shall belong exclusively to the apartment number 5 (five).
ARTICLE-9: The apartment owners shall obey to the rules of good intention while using their own independent places and the additions thereof and the common places.
The apartment owners are not allowed to do especially the following.
a) The independent parts cannot be used in a manner contrary to ethical and social rules such as brothel, gambling house, etc. In addition, these flats cannot be used as any kind of working place, commercial enterprise, and the principal places or branches or contact offices thereof, or as employee apartments.
b) They cannot shake carpets or other ground cloths from the balconies or windows, cannot spill water or similar liquids, cannot throw trash, etc.
c) The parts which are registered under Ümitli Turizm Gıda İnşaat San. ve Tic. A.Ş. and the additions thereof and are found in the immovable property, shall have the right to establish facilities for serving beverages, food, alcohol-free beverages with or without music. Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş., on its own discretion, shall have the right to carry out necessary alterations and project changes and to get permission from the relevant authorities. The persons, who own an independent part with a title deed from this immovable property subject to this management plan, shall be deemed to agree in advance to the abovementioned issues.
d) The apartment owners shall not use or have others use their shops for businesses which disturb other apartment owners.
e) The apartment owners of lot 4, block 113, lot 1, block 114, lot 10, block 115, lot 8, block 116, and lot 8, block 117 shall have the right to use and benefit from the open swimming pool on lot 4, block 113 and lot 1, block 114, the tennis court on lot 7, block 116. (This right shall not be taken from the apartment owners of the said lots and blocks by amending this management plan or by other methods.)
f) The apartment owners cannot have pets such as cats, dogs, chicken, etc. in their own independent parts and additions, and in common places, unless permitted by the Apartment Owners Committee. Depending on the harm given by the pets to the environment, this permission may be renounced by the apartment owners committee.
g) The apartment owners cannot organize meeting in their own independent places which disturb other apartment owners. Meetings such as engagement ceremonies or wedding ceremonies shall be carried out diligently without disturbing others and also these meetings cannot be organized at common places without the prior permission of the apartment owners committee.
h) The apartment owners shall not use radio, music devices, or similar devices in a manner which disturbs the other apartment owners.
i) The apartment owners cannot keep explosive or foul smelling materials in the independent parts and additions thereof, and in the common places and shall avoid of actions which causes tremors, fumes, smokes, dusts, which may disturb other apartment owners.
j) Since the apartments are heated or cooled via air-conditioner due to their projects and constructions, the apartments cannot be heated or cooled via additional systems or other systems in additional to the existing system.
k) Excluding the apartment owners, persons who are not the apartment owners can benefit from the social facilities in the Site (swimming pools and recreational areas) by paying the fees and based on the permission of the manager. The persons who visit the enterprises found at block C, on lot 1, block 114 and the residents shall use such facilities free of charge.
ARTICLE-10: Where repairmen needs to enter the independent parts of the apartment owners for repairing the failures occurring at other independent parts or at the common places, the apartment owners are obliged to grant permission to such entrance. However, it is essential to carry out such works at a convenient time and based on this permission, the damages to the apartment owners or to the persons residing at that part must be paid and resolved immediately by the person to whom the permission is granted.
ARTICLE-11: The persons reside in such independent places under the title of tenant or under another title are obliged obey the above mentioned rights and obligations stipulated under the management plan and condominium law on the issues regarding using and benefiting.
PARTICIPATING IN THE GENERAL EXPENSES
ARTICLE-12:The apartment owners shall participate in the common expenses of the main immovable property as stated as follows.
a) Each apartment owner, independent of his/her lot share, shall participate equally in the entire expenses including doorkeeper, security, monthly payment of the gardener, insurance and other expenses, without considering the lot shares.
b) The apartment owners, besides the abovementioned expenses, shall participate equally in the insurance expenses regarding the main building and common places, the maintenance, repair, protection, lighting of the common places, elevator expenses, and the managers salary, the overheads of the common places, and the advance payments to be collected for such purposes, without considering the lot shares.
ARTICLE-13: Legal and executive proceedings can be carried out against an apartment owner who does not pay the expense and advance payment share, by one of the other apartment owners or by the manager, pursuant to the management plan, condominium plan, and general provisions.
ARTICLE-14: In case the common expenses is caused by an apartment owner or by a tenant or benefiting party who resides in an apartment owners independent part for any reason, the apartment owners who share the expenses shall have the right to revoke the made payments against that apartment owner or the person causing the expense.
ARTICLE-15: Any apartment owner or the manager can directly file a lawsuit or execution proceeding against an apartment owner who does not pay the expense or advance payment share, pursuant to the management plan, condominium law, and the general provisions, without requiring any prior permission from the Apartment Owners Committee.
ARTICLE-16: A person who is benefiting continually based on a rental contract (benefiting, right of habitation) right or on another reason shall be jointly and commonly responsible for any expense or advance payment debt of the apartment owner corresponding to his/her share due to Article 12. The right of revoke of the person who makes payments in this manner shall be preserved against the real responsible person within the general provisions. The receivables of the apartment owners from other apartment owners or responsible parties who do not pay their debts shall have priority. In spite of the official warning is made by the notary public in return to signature and the apartment owner does not pay his/her debt, this debt will be collected through execution proceedings. A 10% delay indemnity per month shall be applied to this debt.
In addition, the right to mortgage can be registered pursuant to Article 22 of the condominium law.
ARTICLE-17: Where an apartment owner violates the rights of the other apartment owners by way of not fulfilling the liabilities and obligations to an intolerable extent, the injured apartment owners may request from the judge to transfer the property right of the said apartment owner on the independent part to themselves pursuant to Article 25 of the condominium law.
APARTMENT OWNERS COMMITTEE
ARTICLE-18: The apartment owners committee consists of the entire owners of the independent parts found in the immovable property and, the provisions stipulated by laws being preserved, the immovable property shall be managed by this committee and the committee shall decide on the management style. Depending on the location of the building and the fact that it is in a site, by using the opportunity granted by laws, electing a person assigned by Ümitli A.Ş. from the outside as the Manager is decided unanimously with this management plan.
ARTICLE-19: The disputes arising between the apartment owners or the apartment owners and the manager and auditors regarding the management of the immovable property or using the independent places shall be resolved and decided by the apartment owners committee.
ARTICLE-20: All of the apartment owners or persons who acquire that independent part later on for any reason or persons residing at or benefiting from that independent part under the title of tenant or under other titles or the managers and auditors shall be obliged to obey this Management Plan and the decisions of the Apartment Owners Committee.
ARTICLE-21: The apartment owners committee shall meet within the first ten days of the January of each year. The date, place and time of the meeting shall be determined by the Manager and shall be notified to the apartment owners minimum three days before by using their e-mails or by registered mail sent to their addresses in return to their signatures. Where there is a significant reason, upon request of the manager or the auditor or one thirds of the apartment owners, the apartment owners committee, by stating the grounds for the meeting, can convoke an extraordinary meeting with an call paper or a registered mail, signed by all of the apartment owners, 15 days before the requested date, sent to the e-mail addresses stated to the manager or to the independent part addresses of the apartment owners. The place, date and time of the 2nd meeting which will be held in case the quorum is not reached in the first meeting shall be stated in the first call.
ARTICLE-22: In the meetings, only the items stated in the agenda of that meeting can be discussed; however, if requested by one thirds of the members present in the meeting, other issues may be added to the agenda. The apartment owners committee shall elect a Chairman in order to direct the meeting.
ARTICLE-23: The owner of each independent part (the apartment owner) in the main immovable property shall have 1 vote in the apartment owners committee independent of the lot share. Where a person owns more than one independent part, the person shall have one vote for each independent part. However, the number of votes a person has cannot be greater than the one thirds of the entire votes. In case an independent part is owned by more than one person, one of these persons, acting in proxy of others, shall represent these persons in the apartment owners committee.
Where there is a legally incompetent person (child, mentally retarded, etc.) among the apartment owners, his/her legal representative (guardian) shall attend to the apartment owners committee instead of this person. The apartment owner, who is directly affected by the decisions reached, may participate in the apartment owners committee and the negotiations. However, this person cannot vote on such issues.
ARTICLE-24: The apartment owners committee shall meet when the number reaches to the number apartment owners and half of the number in terms of lot shares and the decisions shall be reached unanimously. In case the meeting is not held because of not reaching the quorum, the second meeting shall be held within maximum one week and the decisions are reached by the majority of the votes without seeking the quorum. The provisions laid down in the condominium law especially for quorum shall be reserved (Articles 24, 28, 34, 42, 44, 45 of Condominium Law).
ARTICLE-25: The decisions reached by the apartment owners committee shall be notified duly to the apartment owners, tenants or residents of such independent parts or the party benefiting thereof for any reason. Where the decisions reached are sent to the e-mail addresses submitted to the manager or where e-mail address is not found, to one of the independent parts which the apartment owner who does not attend the meeting owns, the decisions reached in his/her absence shall be deemed to be officially notified to him/her.
ARTICLE-26: The decisions of the apartment owners committee shall be recorded in a book starting from page (1) and continuing sequentially, and of which each page is certified by notary public; the book shall be undersigned by all of the apartment owners present in the meeting; the persons voting against the decision shall undersign the book by stating the grounds for such vote. Where there are previous decisions in the book regarding any disputes arising in the future dates, the issue shall be resolved based on this decision. In addition, the entire revenues and expenses shall be recorded in a business records book certified by notary public. The manager shall have this book closed by notary public in January of each year.
ARTICLE-27: The apartment owners or the manager, who experiences damages caused by the failure of fulfilling the debts and obligations stated in law or management plan by an apartment owner or the founder or any person residing at or benefiting from such place, who does not show consent to the decision reached by the apartment owners committee, may request the intervention of Judge by applying to the Magistrate Court pursuant to Article 33 of condominium law in order to have such persons to fulfill their debts and obligations.
MANAGER AND AUDITOR
A: Manager:
ARTICLE-28: The manager shall be assigned by Ümitli A.Ş., the owner of the building site. Since the law and Article 18 of this management plan allows to assign a manager from outside, it is unanimously decided in this management plan that the Management shall be elected from outside and the management shall be carried out by Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San. ve Tic A.Ş. In case the manager is not assigned by Ümitli, the apartment owners shall elect maximum two persons among themselves or from outside as manager and assistant manager in the meeting to be held by the apartment owners committee.
ARTICLE-29: In case the apartment owners cannot reach to a decision on the manager election, then upon application of an apartment owner, the manager shall be assigned by the Magistrate Court. The manager assigned by the Magistrate Court shall not be change for six months without the prior permission of the court. The name, surname, business and home addresses of the manager shall be shown in a frame hung at a visible place near the entrance door of the main immovable property.
ARTICLE-30: The apartment owners committee shall decide on whether to pay a salary to the manager or not, and if a salary will be paid, the amount and the conditions. Where the manager is assigned from outside, a contract shall be signed with this person. The apartment owners committee may request guarantee from the manager either during the contract or at a later time when there is a justified reason.
Since the immovable property, together with the buildings on lot 04, block 113, a-b and c blocks, lot 1, block 114, lot 10, block 115, lot 8, block 116, lot 8, block 117, constitutes the site named My Marine Residence, and since it includes many elements such as swimming pools of the site, tennis court, bath, sauna, shopping areas, parking lots, fitness center for various social activities, restaurants, the 7 building constituting the site should act jointly and the common rights of the entire apartment owners should be guaranteed. In such a case, managing each building by separate manager/managers is not parallel with the site concept and with todays conditions, and it is hard to apply in practice. In addition, it will also be difficult to find each year a specialized apartment owner/manager who can manage such a large building or site. Resolving the problems, collecting the dues, making expenses, recording and documenting these are legal obligations in a building consisting of hundreds of apartment flats. For this reason, based on the absolute necessity of carrying out the site management of My Marine Residence by a professional team and considering the principle of electing a manager for the building and site management from outside, assigning the manager by Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş. which undertook the construction of the buildings or a representative assigned by this company and the common places are operated again by the Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş. under the same method and manner is found suitable with this management plan.
Artificial person Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş. shall carry out the building management through its own agencies.
ARTICLE-31: The manager, besides the duties laid down in the condominium law, other laws, contract, and management plan, shall carry out especially the following duties:
a) Executing the decisions reached by the apartment owners committee;
b) Taking steps necessary for using, protecting, maintaining, and repairing the main immovable property suitable for its purpose;
c) Where a decision is reached by the apartment owners committee, the manager shall collect in advance the entire money required for insuring the main immovable property, management and maintenance works of the main immovable property, and the common expenses.
Collecting the revenues, paying the debts, protecting and spending the money in the best manner, filing legal and executive proceedings against the persons who fail to fulfill their debts and liabilities, assigning a lawyer when necessary, registering the legal mortgage right to the condominium register;
d) Accepting the notifications which are related with all of the main immovable property, announcing such to the apartment owners when necessary and taking the entire actions;
e) Convoking the apartment owners committee and preparing the agenda;
f) Recording the summaries and dates of the decisions, protocols, warnings and notifications of the apartment owners committee to the decision book sequentially and having notary public close the decision book in each January, protecting the entire documents, supporting the revenues and expenses with documents, invoices and receipts, and protecting the documents for at least five years;
g) Within 10 days following the election pursuant to Article 37 of Condominium Law, the manager shall prepare the project which states the estimated annual revenues and expenses of the main immovable property, the management plan showing how much revenues and the expenses identified based on the decisions of apartment owners committee corresponding to each of the apartment owners, the advance payment payable by each apartment owner, and shall present this to the apartment owners and where no objection is raised by the apartment owners in seven days or where it is not amended by the apartment owners committee, the issues in the project shall be carried out.
ARTICLE-32: The manager is obliged to submit the explanation for the revenues and expenses up to the meetings held in January and October. In addition, if requested by half of the apartment owners, the manager is obliged to show the accounts outside the meetings.
B-Auditor:
ARTICLE-33: The apartment owners committee continuously audits the attitude of the manager and where there is a justified reason, the apartment owners committee may change the manager anytime. In addition, the apartment owners committee may elect an apartment owner in the regular meeting held in January for the auditing of the management. Nothing shall be payable to the auditor for this duty and the auditor shall participate in the entire common expenses like any other apartment owner.
The auditor shall carry out the audits of the accounts quarterly on behalf of the apartment owners committee. Where there is a justified reason, this audit can be carried out anytime. The auditor shall be elected by the majority of the apartment owners and shall present the result of the audits and the comments to the apartment owners committee at regular meetings. This report shall be reproduced to be given to the apartment owners in return to signature. Where the apartment owners committee decides so, the management of the main immovable property can be assigned to a management committee of three persons, or similarly an auditing committee of three persons may be elected.
MISCELLANEOUS PROVISIONS
ARTICLE-34: The assignment, laying off, appreciating the salaries of the doorkeeper and other necessary servants shall be carried out by the manager.
ARTICLE-35: The duties and authorities of the doorkeeper and other necessary servants shall be stated in the contract signed by them.
ARTICLE-36: The damages caused by the apartment owners or anybody residing at their parts for any reason, or the children of the close relatives of such shall be payable and remedied immediately by that apartment owner and the apartment owners shall also ensure that the children shall play at places reserved for them and do not make any noise.
ARTICLE-37: The apartment owners shall notify the names, surnames, business addresses of the new tenants to the manager within maximum 10 days when their tenants change and if exists, shall provide a copy of the tenant contract to the manager, and shall inform their debts and liabilities to the persons residing at independent places. The apartment owners shall be jointly responsible for the persons who reside or benefit from their independent places and who fail to fulfill their debts and liabilities.
ARTICLE-38: In adding stories on the main immovable property, turning the existing half flat into a normal flat, constructing new independent part at the empty spaces between the buildings, at the basements or grounds, changing the type in the title deed, amending the manner of use of the independent places, this management plan grants permission and authority to Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş. to make such modifications and amendments, to prepare a modification project, giving necessary consents on behalf of apartment owners, and the said company shall act as it wishes.
ARTICLE-39: The maintenance and operational costs of the beneficial and luxury modifications and additions to be constructed at common places shall be payable by the apartment owners pursuant to Articles 42 and 43 of Condominium Law.
ARTICLE-40: Transferal acts such as registering the main immovable property with a right, dividing the lot or transferring the ownership of the divided part to another party, or significant management works such as hiring the outer walls or the roof of the main building for advertisement purposes or establishing base stations shall only be under the discretion of Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş. which is authorized in such issues. The revenue to be obtained from such acts shall belong to Ümitli Turizm Gıda İnşaat Bilgisayar Otomotiv San.ve.Tic A.Ş.
ARTICLE-41: Where all or some of the main building is destroyed or is nationalized, finalizing the apartment ownership, the provisions of the condominium law shall be applied.
ARTICLE-42: The text and the content of this management plan covers the immovable properties found at lot 4, block 113, block A-B and C, lot 1, block 114, lot 10, block 115, lot 8, block 116, lot 8 block 117 found in Central Mahmutlar Quarter at Alanya district in Antalya province and is prepared by us on 28.08.2006. The entire owners of the independent parts of the main immovable property, whose full identities are as follows, have read this management plan and have declared that they sign it after understanding that it reflects their desires.
| Copyright © 1999-2006 Turkey Real Estate. All Rights reserved. |
