What is absolute majority in urban transformation?

According to the current statement of the Urban Transformation Directorate, if unanimity cannot be achieved in the new applications to be made instead of risky buildings within the scope of 6306, a decision can be made by absolute majority in proportion to the shares owned by the owners. A simple majority means that more than half of the total shares agree on the decision.

If the land share of each flat is not equal, the number of people or independent sections may be misleading. If there are claims of shared ownership, joint ownership, inherited shares or inaccuracies in the title deed, the ownership table must be clarified by a lawyer and the land registry before the majority calculation.

Frequent error“Half of them agreed” and “there was a simple majority” are not the same expression.

Absolute majority requires more than exactly half and the calculation is made based on current title deed shares.

The majority should decide on the concrete model to be implemented, not just the general will to "renew the building". If contractor selection, contract, project scope, independent section sharing, financial contribution, guarantee and schedule are left as disconnected votes, it may become controversial which document is accepted by the majority.

The KDB statement states that, in line with the decision of the absolute majority, unification, subdivision and similar transactions required by the application, as well as permits and licenses regarding demolition and construction, can be carried out. Despite this, the architectural, technical and legal content of each document must also be prepared correctly; majority does not make the incomplete contract safe.

The decision minutes should clearly include the meeting and decision date, real estate information, owner and share list, accepted offer and contract, and signatures. The date and version numbers of the attachments should be written; Which architectural drawing, technical specification and financial offer is accepted should be determined in a way that cannot be changed later.

If signing with a power of attorney, it should be checked whether the power of attorney contains sufficient authority for this transaction. In shared real estate, the presence of more than one rightful owner on the same independent section or share may affect the signature and rate calculation. The majority table must be proven by documentation, not by verbal acceptance.

• Current title deed and share list
• Full text of the decision and its implementation model
• Date/version information of the accepted contract
• Architectural project, technical specifications and sharing annexes
• Principal or attorney signatures containing sufficient authority

Owners who do not agree with the absolute majority decision must be duly notified of the decision, accepted offer and contract terms. In the current statement of KDB, the notification can be made through a notary public or by announcement in the relevant headman's office and notification via e-Government; It is stated that the addressee is given a fifteen-day review and acceptance period from the notification.

It is not enough for the notification to simply say “majority achieved.” It should be clear which contract, with which project and annexes, and under what conditions the owner who wants to participate in the decision will sign. A missing annex, a different contract version or an indefinite period may make subsequent transactions controversial.

• The entire decision taken by simple majority
• Accepted offer, contract and all annexes
• Time allowed for review and acceptance
• Where and how to sign
• Storage of notifications, announcements and e-Government records

Land shares of owners who do not participate in the decision despite due notification may be sold through auction under the conditions covered by Article 6306. This outcome does not occur with automatic or verbal threats; Valuation, authorized administration, notification and sales procedures must be carried out in accordance with the legislation.

The fact that the owners have a majority does not make the questions of the minority unnecessary. Explaining the project and the contract to everyone with the same clarity, justifying the distribution of independent sections and making the financing risks visible increases the possibility of compromise. Durable joint decision as well as fast signature affects the delivery ability of the project.

• Compliance with the procedure and content of the notification
• Correct start of the fifteen-day period
• Land share valuation and sales file
• Transaction and announcement records of the competent administration
• Expert opinion for administrative and legal appeals