Urban regeneration projects aim to create much safer living spaces by ensuring the renewal of risky buildings. However, one of the most curious topics during this process is how the simple majority rule for property owner rights works in practice.
Especially if not all flat owners in a building make the same decision, the legal consequences of the taken decisions and the rights of the minority owners are of great importance. In this article, we cover the concept of the simple majority, the decision-making process, and the legal rights of dissenting owners in full detail.
What is a Simple Majority in Urban Regeneration?
Under Law No. 6306 on the Transformation of Areas under Disaster Risk, the renewal process in buildings identified as risky proceeds according to specific rules. First of all, property owners come together after the risky building decision becomes final. Afterward, a joint decision is made regarding how to evaluate the property.
At this point, the law does not require unanimous consent. When the ratio prescribed by the relevant law (simple majority) is achieved, the decision can have legal consequences for all owners. The most important point to consider here is this: The majority is calculated based on the land share, not the number of people. Therefore, the votes of owners with higher land shares have a direct and strong impact on the decision-making process.
How Does the Process Work After a Simple Majority Decision?
Following the decision taken by a simple majority, contracts regarding the regeneration model are prepared between the property owners and the contractor. These contracts are generally legal texts that determine the following basic processes:
Selection of the contractor and construction company
Distribution of new independent units
Technical process of the construction
Financing model
Property delivery conditions
While contracts are signed with the owners who participated in the decision, official notifications are sent via a notary to the non-participating owners. At this stage, the simple majority application does not mean an unlimited authority where the majority can act exactly as they wish. On the contrary, all decisions taken must strictly comply with the law, the rule of honesty, and the principle of equality.
What Are the Rights of Non-Participating Owners?
The common belief that minority owners in the urban regeneration process completely lose their rights is absolutely incorrect. On the other hand, non-participating owners also have very strong legal rights. The main ones include:
The right to examine in detail whether the decision was taken procedurally
The right to request the complete execution of notification processes
The right to file a lawsuit against illegal transactions
The right to object to practices that cause direct loss of rights
The right to officially demand the protection of the property’s real value
Consequently, the fact that a simple majority decision has been taken does not mean that every action executed is automatically lawful.
How Can the Sales Process Occur?
Despite the simple majority decision, certain legal procedures can be applied to the independent units of owners who do not participate in the regeneration contract. After the necessary notifications are made within the scope of the relevant legislation, the “sale” of the independent unit may come to the agenda if the conditions are met. However, the following conditions are required for this sales process to occur:
Complete application of the periods clearly stated in the law
Carrying out the notification procedures properly
Executing administrative procedures completely in accordance with the law
For this reason, sales transactions do not occur automatically in every case. The legal conditions of the process must be evaluated separately for each building.
Is the Simple Majority Decision Always Valid?
No, it is not always valid. Although a majority in terms of land share has been achieved, certain basic conditions must be met for the decision to be considered legally valid:
The risky building decision must be officially finalized
The owners’ meeting must be held properly
The decision quorum must be calculated correctly according to the land share
Necessary notifications must be made to all owners
The decision must not contain illegal or unequal provisions
Nevertheless, if even one of these conditions is missing, the cancellation of the decision or the suspension of the transactions may come to the agenda.
What Should Owners Pay Attention to in Contracts?
One of the most frequently encountered problems in the urban regeneration process is owners signing contracts without examining them sufficiently. To avoid any loss of rights, the following issues should be evaluated carefully:
Independent unit sharing ratios
Goodwill (şerefiye) calculations
Exact delivery time of the construction
Penal sanctions to be applied to the contractor in case of delay
Bank or company guarantee provisions
The background and financial competence of the contractor
How the common use areas will be shared
Clauses in the contract that seem minor at first glance can cause serious loss of rights in the following years.
Why is Legal Support Important?
Urban regeneration is not merely a technical construction activity. At the same time, it is a multifaceted legal process directly involving title deed law, law of obligations, condominium law, and administrative law. Therefore, it is of vital importance for both the owners who agree with the majority decision and those who oppose it to carry out the process with an expert real estate lawyer.
Conclusion
To summarize, the simple majority application for property owners is an effective legal mechanism aimed at accelerating the renewal of risky buildings. However, this system does not mean that the property rights of the minority owners are ignored. Decisions taken must comply with the law, and notification processes must be carried out completely. To prevent loss of rights, the entire process should be followed with professional legal support. To fully grasp your rights in this scenario, you must always start by understanding exactly what is a simple majority in urban regeneration? Being informed is your best defense.