of better and comfortable use of the mutual zones is to be decided upon by a majority votes of the immovable property owners based upon their land share majority. The cost of these renewals or additional constructions is calculated and paid by the ones who profit from those parts with respect to the proportion of the profit gained.

(Annex: 10.12.1990 – Decree – 431 / Article 1; originally approved of date : 05.02.1992 – 3770 / Article 1 )

Upon the request of one of the immovable property owners, for mutual heating system equipment to be modified into individual system in order for natural gas to be used, the final decision is made with respect to majority votes of the immovable property owners.

(Annex: 10.12.1990 - Decree- 431/Article 1; originally approved of date: 05.02.1992-3770/Article 1)

When majority decisions upon the modification of the shared heating system to individual system is made, the terms of this decision in the administration plan are automatically changed. The expenses of such modifications are paid proportional to the land share.

II - COSTLY AND LUXURY MODIFICATIONS

ARTICLE 43 – If the renewals, or modifications requested are too costly or bear luxury quality regarding the state of the building, and they do not take place in the essential parts or common access areas used by all the immovable property owners, the owner who do not wish to benefit from the renewed part, do not have to participate in the payment of such expenses. Expenses as such are paid by the immovable property owners who feel the need for the renewals or modifications to be made. As a matter of fact, if any immovable property owner who at first did not participate in the payment of such renewal expenses but later decided to do otherwise by paying for the amount he has to pay which is proportional to the land share he possesses, they will attain the right to benefit from those modified parts.

III – ADDITIONAL INDEPENDENT PARTS

ARTICLE 44 – For the constructional addition of an indepentent floor on top of the main landed estate, or on an existing penthouse or any additional construction on the ground floor or post-construction of parts which are in the vacant spaces of the land:

1. Unanimous decisions of the board of immovable property owners is required.
2. Identification of the re-allocated land share, including the renewal and additional parts, according to the new state of the main landed estate. This identification is to be made unanimously,
3. When the allocation of the land share of the new independent part is added, it is obligatory that all the independent parts of the main landed estate be registered in the easement column of the Immovable Property Ownership Registry Book after Immovable Property Easment is established regarding Article 14 of the law.

It is also obligatory that these procedures be carried out by an official contract and with the presence of the title deed officer. It is essential to maintain connection and parallelism between the previous register page of the main landed estate and the terms of Article 13. In this respect, on condition that the cost of the lesser share of those immovable property owners’ is paid, the newly constructed independent part, to be transferred as immovable property ownership, becomes the possession or property of the person or people who had it constructed. The newly constructed independent part is registered in the Immovable Property Ownership Register Book on a separate page in the name of new owner or owners.
App. 28

 G ) ALIENATED  INVESTMENTS AND IMPORTANT TASKS

ARTICLE 45 – The registration of a main landed estate with a right, or alloment of a land and the transfer of the allotted part’s ownership to someone else and alinated investments as such or rental of the roof or external walls of the main building for the purpose of displaying advertisements can only be held with the decision made as a result of unanimous votes of the immovable property owners.

SECTION 6 :  CESSATION OF IMMOVABLE PROPERTY OWNERSHIP AND  IMMOVABLE PROPERTY EASEMENT

A ) Cessation of immovable property ownership

ARTICLE 46 – Immovable property ownership is ceased with the annulment of registration record from the immovable property register book. Immovable property ownership does not end with all the independent parts of the main landed estate to be assemblaged on one person’s ownership.

The registration record is nulled with the written demand of all the immovable property owners or the owner who have assemblaged all the independent parts to his ownership. This written demand is about the transfer of immovable property ownership to unmixed ownership (adi mülkiyet) and that immovable property is registered by making reference to its prior registers by being transferred onto a new page in the general book of register. This registration is done with respect to the land shares binded to the independent parts.

If some modifications have been made after the establishment of immovable property ownership with respect to the quality of the main landed estate, these are are also included in the new official register. If any independent part is registered either along with an individual right annotated at its register or with a real right (ayni hak), unless that right is annulled with the written consent of its owner neither the transfer of immovable property ownership on the main landed estate to unmixed property ownership nor the official registry record on the immovable property ownership record can be annulled. In cases where the main landed estate with its land is completely damaged or expropriated, the annulment of the title deed record is processed with respect to the general terms.

If the main landed estate is purchased for public use under the right of eminent domain, the expropriation cost of each individual part is calculated by the separate consideration of the land share that it occupies as well as the additional parts and this cost is paid to the immovable property owner himself.

In circumstances when the owner of the right refuses the annulment of the right on the register record but gives a consent on the transfer of his own right to the mutual ownership shares (as a whole) depending on the feature of his debt or the ownership shares upon the debtor, the registration on the General Book of Register is carried out with respect to his remaining ownership shares after the payment of his debts.

II. EXTREME DAMAGE TO THE MAIN BUILDING

ARTICLE 47- If the main building is completely damaged, the immovable property ownership on that particular building will automatically cease to exist.

If any of the independent part is completely damaged and the owner of that particular part fails to have it repaired within two years after the destruction, the rest of the immovable property owners of the other independent parts, a year after the expiry of the allotted period, can ask the judge for the transfer of landshare in question of the damaged part in return for its value. If the judgement of such a transfer is made, it is allocated with respect to each owner’s land shares. As for the explicit clause above, when the immovable property easement is ceased, its record on the book of real estate register is annulled.

Land shares transferred in this way are marked onto the related pages on the declaration column of immovable property ownership register book.

The owners who had the land shares transferred to themselves are obliged to have the damaged part reconstructed within two years after the date of the transfer or they are obliged to do so within the same allotted period, calculate their land shares attached to the independent parts and have them registered into the immovable property ownership register book. This calculation is made with respect to the terms indicated in Article 3 , clause 2 of this law. If those immovable property owners who demanded the transfer fail to comply with the terms of the clause stated above, the immovable property ownership upon the main landed estate  automatically ceases to exist and shared ownership terms are exercised both upon the insurance cost of the extremely damaged parts of the real landed estate. In particular circumstances when more than one independent part is completely damaged and the reconstruction of one of those parts depend on or affect the reconstruction of the other parts, the immovable property owners whose independent parts are damaged have to notify the rest of the immovable property owners on whether they will have their parts re-constructed or not. The deadline determined for this notification is six months after the destruction. The land shares of the immovable property owners who fail to send this notification are transferred primarily to the others who wish to have their part re-constructed. Failure to send notification is regarded as reluctance to have the property reconstructed. Immovable property ownership upon the completely damaged independent parts is automatically transfered into immovable property easement taking as a basis, the allotted deadlines and periods indicated in this law, and this is annotated as ‘temporary’ onto the declaration column of the related pages of the Immovable Property Ownership Register Book. When the reconstruction of the damaged independent part iscompleted, the immovable property ownership upon the property in question is re-gained; consequently, the ‘temporary’ annotation is removed from the register book.

III. THE ASSIGNMENT OF NOTIFICATION AND OMISSION OF THE  

      REGISTER

ARTICLE 48- In circumstances when the main landed estate or the main building is damaged either partially or completely, the administrator has to inform the real estate registration office, located in the same area of the landed estate in question, about it. He also has to inform all the immovable property owners. In case of the absence of an appointed administrator, this task of informing the real estate registration office is handled by the owner(s) whose independent part is damaged. The loss that stems from negligence of informing the real estate registration office binding upon all parties, the immovable property owner whose independent part is damaged, and one fifth of the loss is binding upon the administrator. In other words, the owner of the damaged part and the administrator have joint liability over the loss arising from this negligence of information, but the Treasury does not have any liability.

When the immovable property ownership is ceased, the related pages on the Immovable Property Ownership Register Book are closed, the registration of the landed estate is proportional to land shares in accordance with the sections left undamaged .On the basis of  shared ownership terms, those parts are registered onto the general register book. In this case, shared ownership terms are valid upon the obliterated parts together with insurance costs. Should a new construction be built on the land of the completely damaged main building, the terms on immovable property ownership and immovable property easement are applied on owner’s or associate owners’ demand.

B) CESSATION OF IMMOVABLE PROPERTY EASEMENT

ARTICLE 49- The owner or associate owners of the land which is subject to immovable property easement can have the register record of immovable property easement erased and cease this easement at any time they wish. For this cessation to be practiced, they are to submit a written declaration to the title deed officer. Immovable property easement is cancelled in a self-regulatory way, upon the total destruction or expropriation of the land which is subject to immovable property easement.

(Amended clause of date: 13.4.1983-2814/Article 14):

On the land subject to immovable property easement, unless a building is constructed in accordance with the plan submitted in the course of the establishment of the immovable property easement within five years,  a justice of the peace , after talking to the people involved if necessary, decides to give an extension of a defined period or decides that it is cancelled. This period can be extended by the request of one of the owners.

SECTION 7: CLOSING TERMS

A) PROHIBITIONS:

ARTICLE 50- After this law is put into effect, with respect to the Civil Code or the other laws, easement rights cannot be established to enable one of the shareholders of a landed estate to benefit from a particular part of that landed estate in the same way as the immovable property owner does. Nor can immovable property ownership be established upon buildings with particular construction features.

B) EASEMENT ESTABLISHED AFTER THE CIVIL CODE IS PUT INTO 

     EFFECT

ARTICLE 51- (Amended clause of date:30.4.1969-1166/Article 1.)

After the Civil Code is put into effect, until the date when the law in question is put into force, in order for any one of the shareholders of the landed estate to benefit from one part of that particular landed estate individually as an immovable property owner, the ownership of the landed estate on which immovable property easement has been established is to be transferred into the immovable property ownership and registered in the immovable property ownership book before January 2nd 1971. Unless this is done, immovable property easement rights are annulled. In such a circumstance, only associate ownership is continued.

The transfer of ownership upon the landed estate to immovable property ownership, as denoted in clause 1 and its registration in the book of immovable property ownership is carried out with the application of one of the associate owners to the title deed office. A photograph, the details of which are indicated in the Article 12 clause (b) of the law, is also essential for the associate owner to apply to the title deed office and the photograph, with his signature, is to be authenticated by this associate owner. The other associate owners do not have the right to object to this transfer, nor can they refrain from participating in its costs and preparing an administration plan. If they refrain from doing so, the terms of Article 33 concerning the interference of the judge are implemented

II- RIGHTS ESTABLISHED BEFORE THE ESTABLISHMENT OF THE CIVIL CODE

ARTICLE 52- Some specific rights which had been established under the name of ‘room and space rights’ before the Civil Code was put into effect, are transferred into immovable property ownership or immovable property easement.

1. Upon the availability of particular construction parts which are subject to these rights on the landed estate; the owners of these rights, with respect to the mutual ownership regulations taking place in the Civil Code, can establish immovable property ownership without having to pay any cost. This establishment of immovable property ownership is settled through an agreement that is to be made among all parties and it is upon the land of that particular landed estate. The establishment is also settled with respect to the proportion of value of the parts that each one of them possesses.
2. In cases when the constructed parts are not available, or rather the ‘room or space right’ is available; this right, with regard to clause (a) of this law, is transferred to immovable property easement and its registration is carried out accordingly.
3. If the owners of these rights do not have their rights transferred into immovable property ownership or immovable easement ownership within three years after this law is put into effect this transfer is carried out by the title deed Office (located in that particular area) .The title deed office prepares the documents required with respect to the regulations in clauses (a) and (b) of this law and then puts these processes into practice either upon the written application of one of the owners of this right or directly. All the rest of the owners of these rights are informed about these implementations later on.

The cost of transfer of rights into immovable property ownership or immovable easement ownership is paid by the Treasury, and later charged from the owners of the rights, taking the regulations of the law concerning Public Claim Collection (Liquidation) into consideration.

The owners of the rights, within a month after the date of acknowledgement, can object to such implementations of the title deed office by applying to the Court of Justice and bringing a law suit. 

ARTICLE 53- Before the law in question is put into effect, the easment rights which were established in order to enable one of the co-owners of an landed estate to make use of one part of the landed estate as an immovable property owner, the rules of law  in question are applied with regard to participating in the administration of the landed estate, the necessity for preparing an administration plan and the related expenses and of insurance and its premiums until the transfer to immovable property ownership is completed.

C) The state of immovable property ownership in case of partnership in private law

ARTICLE 54 - Upon creating a partnership in accordance with law of construction.

If there are any landed estates conforming to the immovable property ownership among the landed estates, the elimination of partnership is established in accordance with the agreement in question when all the owners agreed upon it as stated in the law in question, Article 4.

If there is no such agreement, the current price of each landed estate prior to partnership is valued separately by the court of justice which is employed  to terminate the partnership in this law taking the Article in the first paragraph as a basis.

The owner of the landed estate

It is decided to propose to the owner of the landed estate whose property has the highest price of all among them to buy the other landed estates at this price and if such a proposal is accepted and the price is paid the partnership is eliminated.

In a period of one month starting from the date for the decided decree of the Court of Justice, if the price is not paid on letter of credit or a real security to be paid in 6 months is not given; all the partnership of the landed estates, if possible the immovable property ownership is protected depending on its construction and settlement with the annexation of the other landed estates to the former.

If it is not possible, the immovable property ownership is abolished the partnership is terminated through the sale by public auction and the price of selling is divided between immovable property owners in proportion with each of their values stated in the second paragraph.

D) Payments (money collected by a public office for the performance of the state) and Taxes:

ARTICLE 55- With reference to the law in question, the establishment of immovable property ownership and immovable easement, unless it comprises the transfer of the property to another person, is free of all kinds of payments and taxes - such exemption also extends to the procedures regarding the transfer to immovable property ownership in accordance with Art. 51 of the USUS established after the Civil Code is put into effect and the ones established before The Civil Code in accordance with Article 52.

The established immovable property is immediately reported to the local municipality and Tax Assessment Office where the main landed estate is recorded by the land official

E) Locations without the existence of a municipality

ARTICLE 56- The responsibilities assigned to the municipality by the law in question, is carried out in places without a municipality by the municipality of the province or district in charge whereas; in the locations stated in Art. 47 of the law of Construction and Settlement those responsibilities are carried out by the municipality in charge.

Section 8:

The Articles included in this part and heading are added - by The Art. 1 - of the Law dated 10/06/1985 and No: 3227

The right of divided property

ARTICLE 57 - The right to benefit from the construction that can be used as a residence in specified periods of the year in favor of each associate property owners of a whole or independent part of a construction can be established as a ‘usage’ depending on the proportion of the associate property ownership.

This is called the right of divided property.

ARTICLE 58 - Unless agreed otherwise, upon an official deed, the proportion in the right of divided property is determined equally taking the specified duration of time concerning the periods and the number of the divided property as a basis.

The right of divided property ownership can only be established upon constructions qualifying as a residence which are transferred either to immovable property ownership / immovable easement ownership or upon residences. Real rights conforming to the right in question can be established upon the divided property. 

The right of divided property ownership which has a legal connection with associate property ownership share can be transferred or assigned to the co-heirs.

ARTICLE 59 - The right of divided property ownership should be allotted into certain periods in a year and it should not  be shorter than 15 days.

Unless agreed otherwise in the contract, the owner of the divided property can relinquish the rights in question to the other heirs.

ARTICLE 60 - The fact that divided property ownership is established upon the independent parts or upon the building is indicated on the declaration column of the title deed register and this fact is also indicated on the title deed to be arranged later on.

ARTICLE  61 - The specific duration of time concerning the periods between the associate owners, the legal manner and procedures with regard to the transfer, delivery and the use of the right in question; determined by the administrator and their rights and responsibilities; the period of time to be specified for the overall repairs, the maintenance expenses of the construction and its parts are to be determined by means of the divided property contract.

The divided property contract comprising all the details mentioned above is to be signed by all the owners of the rights in question. The divided property contract is attached to the official deed and shown on the declaration column of the title deed register.

The associate owners of every construction or its independent parts upon which divided property ownership is established appoint either somebody among themselves or a (individual) person or a legal entity as an administrator and a representative  of the board of immovable property owners.
The administrators who are appointed in accordance with the general terms of the law in question can also be designated for the duties concerning the divided property administration.

ARTICLE 62 - The establishment of the rights of divided property upon some or more than one independent parts that has been transferred into immovable property ownership, unless agreed otherwise in the administration plan does not depend on the consent of the owners of the rest of the independent parts.

ARTICLE 63 - The associate owners of a divided property ownership or its parts, unless agreed otherwise in the contract, can not demand a change in the associate property ownership.

ARTICLE 64 - The divided property owners are obliged to leave and deliver the independent part or the construction they have utilized to the new owners bearing the right of utilization for the other periods. This evacuation is in question at the end of the specified period of time stated in the land register.

In case of failure to evacuate at the end of the specified period of time, the property will be evacuated immediately by the police power in accordance with the directive of the territorial governor without the need for a further notification. This implementation of  the eviction of the previous owners to leave the divided property takes place upon one of the proceeding owner’s or the administrator’s submission of the title deed register and the contract together with their written demand.

Any further application to an Administrative or Judicial department of State can not prevent or stop the evacuation.                                                                                                  The rights of the people involved are reserved by the law and the contract.

ARTICLE  65 - In case of the absence of a decree in the law, contract or the administrative plan in question, the Turkish Civil Code and the related rules of law are applied in the settlement of any  disagreements concerning the rights, debts, authority, responsibilities  and  liabilities, of the divided property owners.

THE COURT OF COMPETENT JURISDICTION

Appendix 1- (Appendix: 13/4/1983-2814/Article 15) Any kind of disagreements with regard to the application of the law in question are settled in the Court of Justice.

The evacuation of the places of residence

Appendix 2 - (Appendix: 13/4/1983-2814/Article15) The porter, cleaning staff, gardener and security officers and the administrators appointed externally whose contracts are terminated for any reason by the board of immovable property owners or the administrator authorised by the board in question are obliged to evacuate the places allotted to them in return for their duty within 15 days.

If such places are not evacuated within the specified period of time, upon the application of the administrator or any of the immovable property owner’s written demand, the staff in question will be evacuated by the police force within a week without the need for any further notification. Any further application to an Administrative or Judicial Department of State can not prevent or stop the legal procedure of evacuation. The rights of the people involved are reserved by the law and the contract.

Special rules of law for multiple constructions:

Annex 3- (Annex: 13/4/1983-2814/Article 15)
In case of a multiple construction on a plot of vacant land, the following rules are taken into consideration regarding the implementation of the law in question:

1. In case of the completion of the 40% of all the independent parts or the construction of apartment buildings in groups (block or blocks) – each having at least eight independent parts- transfer to immovable property ownership is possible for the completed independent parts. In such a case, the procedure of how the immovable easement of uncompleted constructions is settled in the real estate registers is determined by the regulation (without being bound to clause 2 of Article 11)
2. The common expenses of each construction are paid by the immovable property owners of that particular construction, while the common expenses of common
3. facilities and places are to be paid by all the immovable property owners by taking the terms of law in Article 20.

In the case of non-completion of a  part of the construction, the immovable easement owners participate in such expenses as far as they are concerned.

1. For the settlement of disputes about the apartment buildings in groups namely ‘blocks’, the board of immovable property owners consist of the owners of independent part owners who reside in that particular block.

           The transfer to immovable property easement rights:

Appendix 4- (Appendix : 13/4/1983-2814/Art. 15) In case of a common acquisition of  land, in order to build one or more than one constructions on it, by five or more people and in case of a violation of the decisions taken by at least 4 out of 5 shareholders regarding the transfer of rights to immovable property easement right the Court of Justice decides to allocate T shares of the shareholders of the immovable property in question and to inscribe those shares in the names of other shareholders on the following specified conditions;

a) The acquisition of the common immovable property with the purpose mentioned above must be proven.

b) Failure in complying with  the majority decision (stated above) of transferring the rights to immovable property easement and the refusal of binding liability upon those rights within two months despite the notification by the notary .

c) The submission of the market price (determined by the court) of the shares of the common property owners who refrain from complying with the decision in question. This submission of the amount of money identified for the sale of shares at the market price is kept by the court treasury.

F) Date of issue

ARTICLE 66 - This law is put into effect six months after it is issued.

G) The Authority in Charge

ARTICLE 67 - The rules of the law in question are carried out by the Board of Ministers.

APPENDICES

Appendix 1

1. administrator: a (legal) person, appointed by the meeting, in charge of certain assignments, for instance clerical/accounting administration, technical administration and or construction administrations.
2. board: the board of directors of the association
3. financial year: the financial year of the association
4. land. the land of relevant immovable property
5. Rules and Regulations: the Rules and Regulations as defined in Appendix 24 of the Rule book
6. annual accounts: the annual financial report including a balance sheet and the running costs with clarification
7. annual report: the report by the board about the affairs of the association and the implemented policy
8. private part: the part or parts of the building and/or land that according the register is/are meant to be used as a separate entity
9. Rule book: the common hold Rule book that includes the statutes of the association and the rights and obligations of the owners
10. reserve: the reserve
11. association: the association of owners
12. meeting: the meeting of owners

Appendix 2

1. The common parts and common goods include the following (if existing):
2. the smoke and ventilation shafts,
3. the fences and bars (for as far it is not a private garden fence), the balustrades, the stairwells, the ramps, the common storages, the bicycle storages, the garbage storages, the elevator machinery.
4. the window frames and window glass and gutters, the doorframes with the doors and thresholds (including sliding doors and sliding French windows) which are situated on an outer wall (that may or may not give access to a balcony or terrace) and/or situated in a wall that separates common parts or between a common and a private part, including the (standard) hinges and locks;
5. the energy saving facilities in or on the common parts and/or common goods;
6. the installations of cables, pipes, facilities and other items that are part of:
7. - the air control and ventilation
8. - the smoke and fire detectors and fire fighting equipments
9. - the lightning protection or any other kind of central protection
10. - the general security
11. - the communal lights
12. the doorbell and door opening installations (central panels with push buttons, intercom, video phone, name card holders) that might also be in private parts, including the cables and facilities that are part of it and also mailboxes;

Appendix 3

1. Common parts and common goods do not include the following:
2. the pipelines for:
3. - the drainage of rain, gutter or sewage that are instrumental to one private part;
4. - the transport of gas, water, electricity and telephone, audio and video signals within a private part from the fuse boxes and connections;
5. the installations of cables and other facilities that are part of an individual heating and cooling systems in a private part;
6. All goods that are meant to be used exclusively by an owner or a user of one private part or that are only instrumental to one private part, unless stated otherwise in the Rule book and taking into consideration appendix 4.
7. The items that are mentioned in the first paragraph belong to the appropriate private part.
8. The previously stated is applicable to new common parts or goods from the day they have been installed.

Appendix 4

If there are any doubts about parts of the land, area or goods being common or private, the meeting will decide upon it.

Appendix 5

The meeting can decide to remove a common installation. All regulations concerning these installations will no longer be valid after the removal. The same goes for other common goods.

Appendix 6

1. The board decides about the maintenance of the common parts and the common goods within the context of appendix 22. The board is not able to order maintenance jobs that are not in the approved budget without having obtained previous permission from the meeting.
2. Every owner and user is obliged to cooperate to the execution of the decisions of the meeting for as far is it is within reason. In cases were this cooperation results in any damages, the association will cover those damages.

Appendix 7

1.         Every owner and user has the obligation to maintain his private part in a decent manner. This maintenance includes: repairs, renovations and replacements, the painting, wallpapering, tiling, plastering, the maintenance of the ceilings and floorings with the exception of the balconies, the private inner doors (including hinges and locks), the cleaning and unblocking of the fixtures and pipelines. The doors and window frames that are mentioned in appendix 3 paragraph 1 c also have to be painted at the side that is on a private part.

2.         Every owner and user has to make sure that the common parts and common goods that are in his private part can be accessed at any time.

Appendix 8

1. Every owner and user has the right to use the common parts and goods according to their needs and requirements. Every owner and user has to exercise due caution with regards to those common parts and goods even though they may be in his private part. He cannot violate the rights of other owners and users.
2. Taking into account the first sentence of the first paragraph it is possible that the Rule book can be defined that the owner of one or more freeholds cannot use certain common parts or goods. In such a case, the particular owner does not have to contribute in the debts and costs that stem from that common part or good.

Appendix 9

1. All owners and users are obliged to refrain from causing noise, the unnecessary congregation in common parts for as far as these parts are not meant to be used short or long term congregation and the placement of vehicles or other items in non-designated areas.
2. The walls and/or ceilings from the common parts are not to be used for the hanging of paintings, pictures or other items and the adornment or decorations.
3. The meeting can grant permission regarding the acts  described in the first and second paragraph.
4. For safety reasons, it is not allowed to block the common parts (especially emergency exits) in any way by placing objects or other obstacles. This includes vehicles, garbage bags and flowerpots.

Appendix 10

1. An owner or user is not allowed to inflict any unreasonable nuisance upon any of the other owners and users. Professional sexual services are not allowed. Rules for preventing noise nuisance or any other form of nuisance can be determined in the Rules and Regulations.
2. Every owner and user is compelled to refrain from actions that might cause damage to the interests of other owners and users or the interests of the association. They are compelled to act in order to prevent those damages occurring and are compelled to allow (as far as it is reasonably) measures to prevent, constrict or resolve such damages.

Appendix 11

When an important damage has occurred or is about to occur in a private part or when there is an imminent danger of nuisance for other owners and users, every owner and user is obliged to notify the board immediately and to take the appropriate measures.

Appendix 12

1. The private terraces and balconies are only meant to be used as such and you are not allowed to place heavy flowerpots, earth and such that might be more than the construction can carry. This is in order to prevent damages to the ceilings, roofs and balconies. It is also not allowed to plant or place any plants which may grow and exceed the weight limit after fully grown or which height of growth will obstruct the entrance of light in other parts.

1. It is not allowed to have any wooden structures in the garden that might obstruct the view of other owners and users and that might obstruct the transmission of light and air through windows and openings in the building without permission of the meeting. It is also not allowed to place cars, caravans, sheds, depots, animal houses, carports, boats, trailers, tents and such in the garden without permission of the meeting.
2. Without consent of the meeting it is also not allowed to let plants and flowers grow higher than 50 centimetres from the underside of the lowest window frame on the first floor of the building.

Appendix 13

Certain conditions can be attached to given permission. Permissions can be changed and cancelled. The permissions as given in appendixes 12, 17 and 18 cannot be changed or cancelled on unreasonable grounds.

Appendix 14

The meeting will decide the colours of the outside and inside painting of common parts and goods and about the colours of the private entrance doors that are facing the common parts.

Appendix 15

1. The debts and costs that are the responsibility of the joint owners include:
2. the amount of compensation paid by the joint owners to either one of them or to a third party;
3. the legal and non-legal fees that occur from the performance as plaintiff or defendant by or on behalf of the joint owners
4. the costs of water usage in so much as they have not been charged to the individual owners;
5. all other debts and costs that have accrued in the joint owners’ interest which include the debts and costs that stem from the decisions made by the meeting;
6. The revenues that belong to the joint owners include the interest and other revenue that stem from capital, other revenue that belong to the joint owners and also the revenue of the association e.g. the fines as mentioned in Appendix 19.
7. A reserve has to be formed in order to settle the costs of the maintenance plan and also to settle unexpected debts or costs. This reserve will only be used for those purposes unless the meeting decides otherwise in accordance with Article 30
8. The funds of the reserve can only be accessed by the chairman of the meeting and by one of the owners who will be appointed by the meeting, after having obtained power of attorney from the meeting. 

Appendix 16

1. At the sale of a freehold, the board is obliged to give a statement that includes the amount that the owner involved owns the association at the day of the transfer. The receiver is responsible to the association and is liable for the amount that shows on the statement. The statement will also include a record of the amount of the reserve and the share which belongs to the owner.
2. The board will ensure that all agreements that are appropriate will be in name of the new owner.
3. In cases where association has to pay a financial contribution to the administrator because of the transfer of the freehold, this contribution will be at the expense of the previous owner.
4. Any possible expenses or costs resulting from a new owner taking occupancy will be at the expense of that new owner.

Appendix 17

The owners and users are not allowed to install open fire/fireplace installations without permission of the meeting.

Appendix 18

The storage of dangerous, inflammable, explosive or polluting materials and/or liquids that are not intended for domestic use, are only allowed after having obtained written permission from the board. The board can allow or grant this permission if the storage of these materials/liquids is being carried out in specially designed storage rooms or tanks and if this storage has been notified to the insurance company in due course.

Appendix 19

1. In case of a violation or non-observance of one of the sections of the law, of the Rule book, of the Rules and Regulations and of a board or meeting decision by an owner or a user, the board will notify the person involved by registered mail and will point out the violations or non-observances.
2. If the person involved does not act according the warning, the board can impose a single or a daily fine. The fine can be as high as has been defined by the meeting for such violations or non-observances on each separate occasion.
3. The fine will be to the benefit of the association.
4. If the fine is not paid on time, article 20 paragraph 4 will apply.

Appendix 20

1. The means of the association will be formed by the contribution of the owners according the Rule book and by other revenue.
2. The board is obliged to place the cash flow of the association in a bank account that is in name of the association.
3. The funds of the reserve will be placed in a separate bank account that is in name of the association.
4. The meeting can decide to invest the reserve fund. This investment has to be done with regards to commonly accepted claims towards investing such as earning capacity, solvability, spreading of risk and adjustment to the good of the reserve.

Appendix 21

1. The board will present the meeting with the budget in compliance with appendix 27 paragraph 2. The board will also present its annual report.
2. Meetings will be held as often as the board, or the chairman deems necessary
3. When the owners request a meeting and the board does not arrange such a meeting within three weeks, the owners have the right to arrange the meeting themselves in accordance with the Rule book.
4. The meeting will appoint the Chairman who may or may not be an owner. Unless stated otherwise at the appointment, the chairman is appointed for an undetermined length of time. He can be removed from office at any time by the meeting.
5. The chairman presides over the meeting; when he is absent, the meeting will choose a chair to administer the meeting.
6.  Every owner has a right to add topics to the agenda up to 7 days prior to the meeting. Items for the agenda must be notified in writing (or by fax or e-mail) to the board. The board is obliged to notify the other owners immediately about the addition.
7. All attending voting members are obliged to sign an attendance list at the meeting. This attendance list is decisive to form the quorum. A person who holds power of attorney will sign on behalf of the person that has given them the power of attorney.

Appendix 22

1. The meeting can decide to contract out the administration to an administrator who has been appointed by the meeting under conditions that are agreed upon with the administrator. The administration includes the receiving and the collection of all payments and the paying of all expenses, the bookkeeping in its widest meaning of the word and the distribution of specifications to owners and the board.
2. The meeting can decide to contract out the technical and/or constructional management to a technical and/or constructional administrator that has been appointed by the meeting under conditions that are agreed upon with the administrator.

Appendix 23

The meeting has the right to create committees and to determine the conditions the committees operate within.

Appendix 24

1. The meeting can determine Rules and Regulations with regards to the following subjects:
2. a. the usage, management and maintenance of the common parts and common goods;
3. b. the usage, the management and maintenance of the private parts;
4. c. the order of the meeting;
5. d. the instructions to the board;
6. e. the functioning, tasks and authorities of the board of commissioners and the committees;
7. f. the handling of complaints;
8. g. rules to prevent unreasonable nuisance;
9. h. all other subjects that according to the meeting need to be clarified for as far as this has not be done in the Rule book.
10. Sections of the Rules and Regulations that do not comply within the law or the Rule book will treated as not-written.

Appendix 25

1. Only one board can exist, there cannot be more than one board for an association or complex. The meeting decides the number of board members. If the board consists of more than one member, it will choose amongst themselves a chairman, a secretary and a treasurer.

1. In cases where urgent measures need to be taken, the board has the right to do this without instruction from the meeting. If these measures exceed a certain amount pre-determined by the meeting, the board needs a power of attorney to take those measures.

Appendix 26

The owners are obliged to pay their contribution for each year in advance in the first month of the financial year unless the meeting decides otherwise. The payment of the contribution cannot be suspended. If an owner has an alleged claim towards the association or the joint owners, he is still obliged to pay the contribution in advance. As long as the meeting has not decided on the advance contribution for a new financial year, the owners are obliged to pay the pre-determined advance contribution. A surplus will be refunded to the owners and a deficit has to be made up within one month.

Appendix 27

1. At the end of each financial year, the board will draw up an annual report and an annual account. The reserve and the running costs will be shown in the balance sheet of this annual account. The running costs will include the costs and revenues of that financial year and will be shown according to section 10 paragraph 1.
2. At the annual meeting as mentioned in appendix 21 paragraph 1, the board will present the annual accounts for acceptance to the meeting. The annual account will be signed by the directors and the commissioners.
3. During the acceptance of the annual accounts, the meeting will decide on the final contributions for the owners according to the percentage as mentioned in article 20.
4. After the final contributions have been decided upon as mentioned in the third paragraph of this section, these final contributions will replace the advance contributions mentioned in article 37 paragraphs b, c. If the advance contributions exceed the final contributions the surplus will be refunded to the owners unless the meeting decides otherwise. If the final contributions exceed the advance contributions, the owners will make up the deficit within one month after the acceptance of the annual accounts, unless the meeting decides otherwise.

Appendix 28

Any interior or exterior change to the building that has been decided upon by meeting or Rules and Regulations can only be executed after having obtained public permission or permit. The usage of the common and/or private parts and any other act concerning the building and/or land can be executed only after having obtained public permission or permit. The rights that stem from the obtained public permission or permit cannot be executed if they are conflict with the contents of the register.