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Following the demolition, as the property is turned into land, con-
dominium ownership rights or construction servitude on the property
terminates; and shared ownership shall be registered by title deed to the
owners in proportion to their share quantities. The future use of the
land shall be determined by the affirmative votes of the owners mak-
ing up two-thirds of the shares. The shares representing the dissident
votes shall be sold to the other owners by auction. As is seen, the
authority to determine the future use of the building, which may be
considered as an important decision, does not require an unanimous
decision by the owners; two-thirds of the shares is sufficient to adopt
such a decision. However, this may be deemed a threat to property
rights, since only two thirds is sufficient to take this important deci-
sion; although the purpose of the legislation is to eliminate risky build-
ings.
Possibility of Reinforcement for Risky Buildings
General Information
With the amendment of Article 8 of the Regulation by Article 4 of
the Regulation on the Amendment of the Regulation on Application of
the Law on the Transformation of Areas under Risk of Natural
Disaster, published in the Official Gazette dated 25.07.2014, the possi-
bility for owners to reinforce a risky building was adopted. The article
provides that the owners may decide to reinforce the building within
the period determined under Article 8/2 for demolition of the building.
Primarily, the owners shall receive a technical report which states that
the reinforcement is possible. Following the report, a decision con-
cerning the reinforcement shall be adopted, a project of reinforcement
shall be prepared and a building permit in accordance with the legisla-
tion shall be obtained.
Procedure for the Reinforcement Decision
Reference is made to Article 19/2 of the Law on Condominium
Property Ownership, concerning the procedure to be followed for the
adoption of the reinforcement decision. The relevant provision sets
forth that decisions concerning construction, renovation and additions
on the common areas of the main immovable shall be adopted by the
written consent of 4/5 of the owners. Therefore, the reinforcement of
MISCELLANEOUS
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