SUMMARY: Decisions regarding the removal of the heat share meter system can be taken with the majority of the number and land share.

20th Civil Chamber of the Court of Cassation

E.2017/7748 K.2019/905 T.12.02.2019

With the petition of the plaintiffs; the claim of the plaintiffs; the plaintiffs are the owners of the A and B blocks of the ... apartment building, they previously continued the heating of their apartment buildings by using the heat meter share, but with the decision dated June 8, 2013, they canceled the heat meter share system and switched to the collective payment system, declaring that they canceled the heat meter share system and switched to the collective payment system, and they sued and demanded that this system be removed and decided to switch to the heat share meter system again.

The decision of the court regarding the dismissal of the lawsuit for the plaintiff ... due to lack of active hostility, and the decision of the court regarding the other plaintiffs regarding the cancellation of the decision of the condominium owners board dated 8/6/2013 dated 8/6/2013 was reversed by the decision of the 18th Civil Chamber of the Court of Cassation dated 08/02/2016 numbered 2015/19337 E.- 2016/1540 K. on the grounds that “The heating system is related to the cancellation of the decision taken regarding the transition to the collective heating system instead of the heat share meter system, and it was not deemed correct that the court decided to cancel all of the decisions taken at the meeting.”.

After complying with the reversal order, the court decided to dismiss the lawsuit in respect of ... due to lack of animosity and to dismiss the lawsuit in respect of the other plaintiffs, and the judgment was appealed by the plaintiff .....

The dispute in the case is related to the request for annulment of the condominium owners' board decision.

Although the court has decided to comply with the reversal, the requirements of the reversal have not been fulfilled. Namely; the management of the main building and matters related to the main building are possible with the decision to be taken by the owners of the independent sections in the board of condominium owners. In main buildings and systems with central heating systems, central or local heat or temperature control devices and the issue of sharing the expenses depending on these devices are among the useful expenses. The beneficial expenses specified in Article 42/.... of the Condominium Law are possible with the decision to be made by the majority of the number and land share of the main building. Since the Energy Efficiency Law No. 5627 does not impose an obligation for existing buildings, and the regulation is related to the implementation, not the installation of the system; decisions regarding the heat share meter system and the abandonment of this system can only be taken by the majority of the number and land share of the condominium owners according to Article 42 of the Condominium Law. While the court should investigate whether the decision regarding the abandonment of the heat share meter system was taken by the majority of the number and land share of the condominium owners according to Article 42 of the Condominium Ownership Law and decide according to the result to be formed, it was not deemed correct to make a decision as written as a result of incomplete investigation.

CONCLUSION

For the reasons explained above; it was unanimously decided on 12/02/2019 to accept the appeal objections of the plaintiff ... and to VACATE the judgment, and to refund the appeal fee upon request.