MAYA RESIDENCES ETİLER DETACHED APARTMENT HOTEL ADMINISTRATIVE PLAN

Transcription

1 MAYA RESIDENCES ETİLER DETACHED APARTMENT HOTEL ADMINISTRATIVE PLAN FIRST SECTION GENERAL PROVISIONS SUBJECT AND FIELD OF APPLICATION ARTICLE 1 - This Administrative Plan have been prepared and signed by the flat owners for the real estate located at the address of Istanbul, Beşiktaş District, 66 Plot, 593 Block, 53 Parcel. The objective of this Administrative Plan is to regulate the administration of the flat ownership relations to be established, to set rules to solve the problems arising from the administration, to define the legal statuses of flat owners or easement owners starting from the easement establishment stage, to determine the authorities, obligations and responsibilities of the parties in the flat ownership relations, and to ensure the establishment and continuity of a secure, peaceful and healthy use order throughout the entire immovable. The provisions of this Administrative Plan included in the following articles determining and arranging the common areas have been set to replace the contract mentioned in the Article 4/1 of the Flat Ownership Law and to cause this provision to arise. ARTICLE 2 - The main real estate located on this parcel that is subject to Flat Ownership shall be administered according to this Administrative Plan. The name of the main real estate is MAYA RESIDENCES ETİLER. All of the 24 blocks located on the parcel are called as the MAIN REAL ESTATE. These contain the following units and there are 336 independent sections in total: A BLOCK B BLOCK C BLOCK D BLOCK E BLOCK F BLOCK G BLOCK H BLOCK I BLOCK K BLOCK L BLOCK M BLOCK N BLOCK O BLOCK T BLOCK V4 BLOCK No. 2 B. Section V3 BLOCK No. 3 B. Section V2 BLOCK No. 4 B. Section 13 Independent Section 24 Independent Section 24 Independent Section 24 Independent Section 24 Independent Section 16 Independent Section 27 Independent Section 27 Independent Section 27 Independent Section 27 Independent Section 3 Independent Section 16 Independent Section 14 Independent Section 14 Independent Section 47 Independent Section 1 Independent Section 1 Independent Section 1 Independent Section 1

2 V1 BLOCK No. 5 B. Section 1 Independent Section OLD WORKS BLOCK No. 336 B. Section 1 Independent Section SPORTS CENTER No. 1 B. Section 1 Independent Section RECREATIONAL CENTER No. 16 B. Section 1 Independent Section SPORTS CENTER No. 17 B. Section 1 Independent Section CHILD CARE CENTER No. 28 B. Section 1 Independent Section ARTICLE 3 - This Administrative Plan binds all the flat owners in the blocks and Independent Sections of the main real estate, their heirs, and the third persons who will later acquire the Independent Sections by purchasing them or other ways and the residents and beneficiaries of the Independent Sections. The vote of four fifth of all the residents is necessary to change the entire or any article of the Administrative Plan. USE OF THE COMMON AREAS - ANNEXES ARTICLE 4 - Apart from the annexes allotted to the Independent Sections of the main real estate and the special allotment areas indicated in this Administrative Plan and its annexes, all the places enumerated in the article 4 of the Flat Ownership Law and the other places, facilities that the flat owners have to use, protect or benefit from in common are also common places of the flat owners. ARTICLE 5 - The flat owners must pay attention to the maintenance and cleaning, protection of the common areas indicated in the above 4 th article and protect diligently the beauty and soundness of the main real estate. Construction and repair works and whitewashing and painting in different colors of the outer facades cannot be made in the common areas without full consent of the flat owners. Flat owners cannot leave anything, park their cars and shelter anybody in the common areas except for the places allocated for them. If the flat owners want to install shutters on the outer sides of their flats, they must abide by the color, type and model the EXECUTIVE BOARD will determine. Independent Sections cannot install any apparatus such as pergola, awning, barbecue, etc. except for canopies and umbrellas; they cannot even close the open balconies with window. In the Independent Sections that are connected to one another with their ceilings, floors or walls, some repairing and change works can be made with the joint consent of the flat owners without damaging the main structure. The other places and the roads, illuminations, parking lots, gardens, playgrounds and social facilities that are to be collectively used by the Independent Section flat owners are open to the use of Independent Section flat owners, people that have the right to reside at the independent sections and the tenants. The management, maintenance or illumination of these common areas and the appointment of the employees will be provided by the EXECUTIVE BOARD. 2

3 ARTICLE 6 - The flat owners become the owners of the common areas indicated in the Flat Ownership Law and in this Administrative Plan according to the joint property provisions of the Civil code and they have the right to benefit from these places within the framework of Laws, Contracts and the provisions of Administrative Plan. ARTICLE 7 - The Independent Section owners cannot make any change or reparation that will damage the architectural aesthetic, soundness and firmness of the main real estate and the blocks. They cannot make doors or windows through the common dividing walls. They cannot leave wastebaskets, motorcycles, bicycles, baby carriages, wood and coal baskets, etc. in the corridors, on the stairs and landing. The garbage of the Independent Sections is collected in any case in plastic bags. The laundry cannot be hanged out in the balconies and to the front of the windows in a manner to be seen from outside. It is forbidden to put satellite receivers, dishes and other kinds of antennas on any side of the blocks or parcel. However, in case of necessity, antenna and air conditioning systems can be installed in the blocks with the written consent of MAYA CONSTRUCTION INDUSTRY INC., to the points and in the way it approves. Block Independent Section flat owners or tenants or third persons residing in the Independent Sections cannot in any case hang from inside or outside any notices, announcement, ornaments, objects or any other things in a manner to be seen from outside, except for the applications carried out or to be carried out by the constructor MAYA CONSTRUCTION INDUSTRY INC. on the block or main real estate. However, T Block ground floor residents can hang boards (with a maximum height of 0,75 m. and a maximum width of 3,00 m) that show the emblem of the company to the outside of the T Block building, between and underground floors, with the written consent of MAYA CONSTRUCTION INDUSTRY INC. for the place, kind and size of them. In addition, a signboard (with a maximum height of 0,50 m. and a maximum width of 0,80 m) that shows the names of the responsible architect, constructor companies and the construction year can be put at a suitable point in the common area within T Block by MAYA CONSTRUCTION INDUSTRY INC. The maintenance of this signboard and its place is within the responsibility of the BLOCK MANAGER and EXECUTIVE BOARD. SECOND SECTION RIGHTS AND OBLIGATIONS OF THE FLAT OWNERS ARTICLE 8 - The flat owners have all the rights and authorities (given by the Civil Code to all the flat owners) on their Independent Sections, with the provisions of the Flat Ownership Law, Contracts and Administrative Plan are guaranteed. However, they cannot make any reparation and change in a manner to damage the main structure. ARTICLE 9 - Flat owners must abide by the rules of goodwill when using their own Independent Sections and common areas. They can not do especially the following: 3

4 They cannot use their Independent Sections for immoral acts that are contrary to the socially acceptable behaviors, for example as unlicensed brothel, gambling house, etc. They cannot shake out rugs, carpets, etc., they cannot spill water, etc. and throw garbage, etc. from the balconies and windows of their Independent Sections. A, B, C, D, E, F, G, H, I, K, L, M, N, O Block flat owners cannot use in any case their Independent Sections as consulate, attaché office, political party bureau, trade union, association center or club, boarding house, hospital, dispensary, clinic, policlinic, and chemical laboratory and they cannot open in their Independent Sections entertainment places such as cinema, theatre, café, casino, night club, bar, club, dance hall and other establishments such as bakery, restaurant, pastry shop, factory, dye house, printing house, shop, gallery and bazaar. They cannot raise domestic or wild animals, birds of prey, cats, dogs and chicken in their Independent Sections and in the common areas, unless allowed by the committee of the flat owners. They cannot organize meetings in their Independent Sections in a manner to disturb other flat owners; they must be careful not to disturb the other flat owners during their special meetings such as engagement, wedding ceremonies, etc. and they cannot hold such meetings in the common areas unless allowed by the committee of the flat owners. They cannot use radios, musical instruments, etc. in a manner to disturb other flat owners. They cannot keep explosive and malodorous substances in their Independent Sections and in the common areas, and they must avoid from acts causing shake, odor, smoke, and dust in a manner to disturb other flat owners. When parking their cars, the flat owners should be careful not to violate the parking areas (garage, etc.) allotted for them and they shall fully abide by the decisions made by the EXECUTIVE BOARD. ARTICLE 10- The flat owners must allow the entrance to their independent sections if it is necessary for the repair of the breakdowns occurred in the other Independent Sections, additions and common areas. However, it is obligatory that such works are made in a time the most suitable for the parties and the damages that the permitting flat owners or residents would suffer from due to this permission are compensated by the other party. ARTICLE 11- It is obligatory that the residents or tenants of the independent sections fulfill the above mentioned points regarding the use or benefit, and the rights and liabilities suggested in the Administrative Plan and the Flat Ownership Law; the flat owner is responsible to provide this. THIRD SECTION PARTICIPATION IN THE GENERAL EXPENSES ARTICLE 12- The flat owners participate in the general expenses of the real estate and the blocks in accordance with the following principles: 4

5 A) Fuel, electricity, maintenance and repair expenses made for the heating and cooling of the blocks and the common areas are shared among the flats, offices and social facility units, taking into account the technical data indicating the heating and cooling periods determined by the owners of the apart units in the blocks, the owners of the Independent Section business offices and the owners of the shops in each block. Thus, the shares determined for each expense group are divided among the aforementioned Independent Section groups considering their land portions. B) The operation, maintenance and repair expenses made for the elevators and installation in the blocks and the special expenses of the blocks are divided equally between the block Independent Section owners. C) The services such as house-keeping, room-service, laundry, ironing and dry cleaning, technical maintenance and repair and reception service are determined as directed towards the Independent Sections and seen within the framework of tariff prices, so they will not be considered within the general administrative expenses and not be divided among the Independent Section flat owners. General administrative and personnel expenses; the difference in case of the fact that the cleaning, maintenance, repair expenses of the common areas are higher than the operating incomes of the common facilities; personnel equipment expenses; maintenance and operating expenses concerning TV installation, illumination of the common areas in the main real estate and generators; expenses for the development and renewal of the common areas and other administrative expenses are divided equally among the Independent Section flat owners. D) The costs of cold and hot water consumed in the Independent Sections is divided taking into consideration the consumed amounts during the available times in the blocks or Independent Sections. The difference between the total amount of water consumed in the Independent Sections and that consumed in the whole real estate will be deemed to have been used for the common areas and services and be equally divided among the Independent Section flat owners. E) The electricity and fuel used for hot water will be separated considering the technical principles from the general fuel and electricity costs used for heating and will be equally divided among the Independent Section flat owners in accordance with the dividing principle indicated in this article concerning the hot water. F) The expenses for the renewing of fixed installations of the real estate, buying new permanent fixtures and for new investments are divided among the Independent Section flat owners according to their plot shares. ARTICLE 13- The executive board insures the real estate and so does the manager the blocks over their tax values. However, just as the insurable value of the real estate can be augmented by the decision of Flat Owners Committee, the owner of each independent section can increase the insurance of his independent Section. The flat owners must share the insurance 5

6 expenses proportionally to their lot shares. In case the insured real estate suffers damage, the compensation to be collected will be paid to the flat owners in proportion to their participation. Article 21 of the Flat Ownership Law will be applied in repairing the damage. ARTICLE 14- The Executive Board or the Executive Council determines the participation shares to be collected on a monthly basis according to the operating and investment budgets and informs the flat owners about it. The Executive Board or the Executive Council may determine and declare the shares in advance for the whole 12 months in case of necessity. If necessary, it determines the participation shares in foreign currency and can demand the payment of the Central Bank effective sales rate equivalent of this foreign currency each month. The participation (expense and advance) shares will be paid within the first 5 working days of each month. The flat owner who fails to pay his expense and advance share will also pay damages for delay that will be calculated according to the monthly interest rate applied to the Public Receivables for the days he did not make any payments. Interest will be applied monthly irrespective of the number of the days delayed. Even if the flat owner pays his participation share via his tenant, interest will be applied to the owner. ARTICLE 15- Independent Section flat owner cannot avoid paying the expense and advance share by declaring that s/he has renounced his/her rights over the common areas, facilities, etc. or that s/he does not need to benefit from these areas due to the status of his/her Independent Section. The provision of the article 40 of this Administrative Plan is legally protected. The receivables of the flat owners from those who has not paid expense and advance shares have priority. The Independent Sections that have not made any payments despite the warning made by the Notary office or in return for their signatures can be sued by one of the other flat owners or the manager in accordance with the Administrative Plan, Flat Ownership Law and the general provisions and executive proceeding can be carried out, legal mortgage is applied in accordance with the article 22 of the law no The provision of the Article 25 of the same law is legally protected. In the proceedings to be taken against the flat owner due to the financial acts arising from the flat ownership or the payments determined by the decision of flat owners committee among the above mentioned debts, the movable properties in the independent Section are presumed to be under the possession of the flat owner. ARTICLE 16- The ones continuously benefiting from one of the independent sections depending on the lease contract, right to reside or other reasons are also jointly responsible for the expense and advance debts of the Independent Section flat owner in accordance with the article 12. The person(s) making any payments in this way has the right of recourse to the flat owner within the framework of the general provisions. The fact that the tenant has made prepayment to the flat owner does not remove the joint responsibility. However, the tenant is only responsible to pay the rent and the extra payments s/he makes will be deduced from his/her rental debt. ARTICLE 17- In case the common expense is caused by any faulty act of one of the flat owners or of anyone benefiting from his/her independent section for any reason, then tat expense will be paid by that flat owner. If the payment is made by the other flat owners, they 6

7 have the right to recourse to the responsible flat owner in proportion to the amount of payment they made. FOURTH SECTION FLAT OWNERS COMMITTEE ARTICLE 18- Each block on the parcel no. 53 is managed by 1 MANAGER that will be elected by the BLOCK FLAT OWNERS COMMITTEE formed with the participation of all the Independent Section flat owners in that block, for a 1-year term, with the majority vote of the flat owners considering their lot shares. The main real estate is managed by a 24-member EXECUTIVE BOARD' formed by 24 Block MANAGERS indicated in the Article 2, in accordance with the decisions of the by the "PARCEL FLAT OWNERS COMMITTEE" established by the participation of all the Independent section flat owners in the parcel. PARCEL FLAT OWNERS COMMITTEE is the highest administrative organ having the authority to make decisions about the management and use of the main real estate. Independent Section flat owners are the natural members of this committee. ARTICLE 19- All the flat owners, their heirs, person(s) having acquired that Independent Section for any reason, or tenants and beneficiaries of the Independent Sections, the members of the Executive Board, Managers and Auditors are obliged to abide by the decisions of the Flat Owners Committees, the Executive Board and the Manager. ARTICLE 20- The disputes to arise among the flat owners or between them and Executive Board, Manager and auditors due to the management or use of the real estate or the blocks will be settled and concluded by the relevant flat owners committee. ARTICLE 21- Parcel Flat Owners Committee is ordinarily held in November annually and the Block Flat Owners Committee in October. The demand of 1/3 of the auditors or Executive Board or the flat owners is required for the extraordinary meeting of the committee in case of necessity. The committee informs the members about the meeting before 15 days by registered letter or in person with a letter of invitation including the day, place, time and agenda of the meeting. This letter indicates that in case the majority cannot be reached on the first meeting day, it will be held the following week at the same place and day. Whatever the number present is, the decisions will be taken after discussed according to the provisions of the Administrative Plan. Written notification will be sent to the Independent Section flat owners to the addresses on the title deeds or the ones they stated in written to the manager or to the executive committee. The member who have not informed the management in due time will lose his/her right to object the notification. The invitation letter for the meeting can be delivered to the person actually benefiting from the Independent Section in question, but not as an apartment hotel. In this case, the notification is deemed to be sent to the owner of that Independent Section. 7

8 The meeting is conducted by a meeting council formed by 1 chairman, 2 vote officials and 1 secretary. The council is selected with the majority decision of the flat owners participating the meeting. At the meetings, only the topics included in the agenda can be discussed. The flat owner whom the decisions to be taken directly interest can participate the flat owners committee and the discussions, but s/he cannot vote for the subject. ARTICLE 22- Each Independent Section flat owner has one vote. In case the same person is the owner of more than one Independent Section, s/he has a separate vote for each Independent Section. However, the number of votes one person can have principally or by proxy cannot be more than 1/3 of all of the votes of the flat owners (336 X 1/3 = 112). But if, for one independent section, there are more than one owners or bearers of legal usufruct or of right of residence registered at the deed office, a representative to be chosen among them will be the member of the committee; in case they do not choose a representative, the Executive Board or the Manager sends the notification to only one of them. ARTICLE 23- Flat Owners Committee gathers with the absolute majority of the flat owners and their lot shares. It makes its decisions with majority of votes. If the meeting is not held due to the lack of majority at the first time, the sufficient number is not sought at the second one and decisions are taken with the majority of the participants. The other provisions of the Flat Ownership Law about the sufficient number are reserved. (Articles 24, 28,34,42,44,45 of the Flat Ownership Law) ARTICLE 24- Flat Owners Committees cannot decide on any issue concerning the shares registered at the deed office and the additions and the common areas. ARTICLE 25- Decisions made in the Flat Owners Committee are transmitted by the Executive Board and/or Manager to the flat owners, the tenants, residents or beneficiaries (if necessary) of the independent sections who have not been able to participate the meeting. ARTICLE 26- Decisions of the Flat Owners Committee are written down on a book of which each page is notary certified and that bears page numbers starting from (1); the bottom of that book is signed by all the flat owners participated the meeting. The ones who voted against the decision indicate their justifications while signing. The auditor writes the result of the audit on this book and signs it. The future disputes on a subject will be concluded according to the precedent decision included in the decision book on the same subject if available. Moreover, the Executive Board and the manager keep a notary certified operating book for registering all of the incomes and expenses and that book is closed by the notary public each year in January. 8

9 FIFTH SECTION MANAGEMENT OF THE REAL ESTATE, ELECTION OF MANAGERS AND AUDITORS AND THEIR DUTIES ARTICLE 27- Main real estate on the parcel no. 53 is managed by the EXECUTIVE BOARD' formed by the managers of 24 Blocks, The blocks on the parcel no. 53 is managed by 1 MANAGER that will be elected by the majority vote of the relevant block Independent Section flat owners. EXECUTIVE BOARD assembles within 7 days following the meeting of the PARCEL FLAT OWNERS COMMITTEE and carries out a division of labor; and the members create a 5- person EXECUTIVE COMMITTEE consisting of 1 chairman, 1 deputy chairman, 1 accountant, 1 Secretary and 1 member. EXECUTIVE BOARD gathers ordinarily at least three times a year - in FEBRUARY, JUNE and NOVEMBER - in order to discuss and conclude the problems of the housing development. EXECUTIVE COMMITTEE gathers at least once a month according to the decisions of the EXECUTIVE BOARD in order to manage the main real estate. Their term is one year. The MANAGER or the members of the EXECUTIVE BOARD of whom the term expires can be re-elected. The operating and investment projects prepared by the Executive Board are decided on after being discussed by the PARCEL FLAT OWNERS COMMITTEE. Finalized project and budget are qualified as the documents referred to in the Article 68/1 of the Execution and Bankrupt Law. ARTICLE 28- The Manager and the executive board after being formed are assigned to implement the decisions of the flat owners committee, to implement the operating project including the annual budget, to collect from their blocks the expense shares necessary for parcel management, to communicate the demands of the flat owners of both the real estate and the block Independent Sections to the flat owners committees, and to fulfill their duties arising from the laws and this Administrative Plan. However, the decisions to be taken -if not contrary to the decisions of the Administrative Plan and Flat Owners Committee- are finalized with the positive votes of 2/3 of the members of the Executive Board. ARTICLE 29- The Executive Board can bring into force more detailed Regulations on certain issues, especially on the management, maintenance and functioning of common areas and other relevant topics, if not contrary to the Laws and the Administrative Plan. Services 9

10 As the main real estate that is the subject of this Administrative Plan has been designed as a whole consisting of a modern detached apartment-office and apartment hotel units, the following services are essential in the main real estate. Continuous security service Continuous cooling and heating service depending on the season Uninterrupted hot water Cable television Cleaning of the common areas and the Independent Sections, wiping of the windows and collecting the garbage (house-keeping) Food and beverage service in the common areas and Independent Sections (room-service) Laundry, ironing and dry cleaning services Technical maintenance and repair service including the Independent Sections Reception service for the management of Apartment units Security and control service in the parking lots and common garages allocated for the Independent Sections. Arrangement, vegetation and maintenance of the common areas and the gardens. Among the above-mentioned services, Cleaning of the common areas and the Independent Sections, wiping of the windows and collecting the garbage (house-keeping); Food and beverage service in the common areas and Independent Sections (room-service); Laundry, ironing and dry cleaning services; Technical maintenance and repair service including the Independent Sections; Reception service for the management of Apartment units will be delivered to the Independent Sections on demand and a value to be determined by the service company under the control of the Executive Board will be collected in exchange thereof. The executive board can place barriers that can be opened by special cards on the entrances, including the garage. In such a case, the flat owners have to take pains to use these cards and especially to prevent their transfer to the irresponsible third persons. In such transfers, the responsibility is upon the flat owner. The executive board can demand the third persons to visit the flats to put IDs and introduction cards on their collars. The flat owners residing on the ground and underground floors have to prevent the third persons to pass the other blocks from their independent Section and entrances and pay the necessary expenses for this. ARTICLE 30- The executive board reserves the right to have private or legal persons specialized in their fields carry out the maintenance and repair of the common areas, inventories and installation, and also all or some of the special technical and general services. It is the responsibility and purview of the executive board to ensure and control the fulfillment of the contracts and the delivery of the services in question. The executive board is authorized to fix the validity term of the contracts that it will make with the service companies in a way to exceed its term of office. The manager or the executive board does not need to be separately authorized for the ordinary damages and ordinary reparations in the common areas. The Executive board or the manager 10

11 can ex officio have done the reparations that are not included in the operating projects and that are urgent. ARTICLE 31- For the expenses exceeding TL equivalent of 100 USD, the managers and the executive board must take and keep invoices or receipts on which the name and the address of the company is written. ARTICLE 32- The managers and the executive board are responsible towards the other flat owners as representatives due to this quality of them. At the ordinary meeting, the managers and the executive board must render account of the collected advances and the expenses went to during the previous calendar year. This breakdown of expenses is sent to the Independent Section flat owners before the ordinary general meeting, along with the invitation letter for the meeting. The managers and the executive board will not receive any payments for their duty. A contrary case can only be possible by the decision of the General Assembly. ARTICLE 33- Parcel flat owners committee and block flat owners committee continuously control the conducts of the executive board and the council and of the manager in their offices and can always change them if a legitimate reason occurs. In addition, Parcel flat owners committee selects a 3-member auditing committee among itself every NOVEMBER at the ordinary meeting in order to control the executive board, executive council and the manager. Block flat owners committee selects only 1 auditor for their own block. No payment shall be made to the auditor or the auditing committee in return for this duty and they participate in all the common expenses just as the other flat owners. The accounts are controlled quarterly by the auditor or the auditing committee in the name of the flat owners committee; if a cogent reason arises, this audit can always be made. The auditor is selected by the flat owners committee depending on the number and lot majority. S/He presents the result of the audit and his/her opinions at the ordinary meeting with a report to be submitted to the flat owners committee. This report shall be copied and delivered to the flat owners by registered mail or by hand in return for signature at least 1 week before the meeting. The breakdown of expenses to be added to the invitation letter of the annual ordinary meetings and the report to be prepared by the auditors must be sent together to the flat owners. SIXTH SECTION MISCELLANEOUS PROVISIONS ARTICLE 34- For the points not written in this plan, the provisions of the Contract, of the Law no. 634, of the Civil Code and the relevant laws shall be applied. ARTICLE 35- Flat owners or the residents of their Independent Sections have to compensate the damages made to the main real estate by their own children or those of their relatives and they also have to prevent the children from playing outside the playgrounds allocated for them and making noise. 11

12 ARTICLE 36- The flat owners have to inform the manager within maximum 10 days about the names, surnames and work addresses of their new tenants (if they change) or the residents of their independent sections, or to give a copy of their rental contract -if available- to the manager and to tell the residents of their Independent Sections their duties and liabilities. The flat owners are jointly and severally responsible along with the residents of their Independent Sections, who does not fulfill their duties and liabilities. ARTICLE 37- For the addition of a new floor over the main real estate or turning the existing setback story into a normal one or building up new sections on the ground floor, basement and empty parts of the building lot or making such changes, it is necessary that the flat owners committee decides it unanimously in accordance with the Article 44 of the Flat Ownership Law. ARTICLE 38- The parking lot allocated to the flat owners is presented in the parking lot sharing list and scheme attached and it is not possible in anyway to change their places and use. The flat owners cannot take up the places of the others, and prevent their use. The flat owners, for security reasons, shall give to the Executive Board the license plate numbers of the cars they will leave to the parking lot. The executive board shall be informed if the cars are changed. ARTICLE 39- Independent Section and reserved areas of the Independent Sections nos. 1,2,3,4,5,16,17,28 and 336 have been presented in the location plan attached. The right of using and benefiting from these reserved areas belongs only to the flat owners of the Independent Section they pertain to. The locations, areas occupied, size and other qualifications of the reserved areas are determined according to the location plan that is an inseparable part of this Administrative Plan, drawings in the project, and other technical information and indications included in them. ARTICLE 40- Independent Section flat owners nos. 2,3,4,5 and 336 do not benefit from the common areas and services out of their field of use indicated in this Administrative Plan, and therefore do not share their expenses. If they want to benefit from the social facilities and services, they only share the expenses of that division. ARTICLE 41- The affirmative easement of the common areas within each block belongs only the flat owners of that block. The common areas within Block T, the parking lot area allocated to the flat owners of Block T belong only to the T Block flat owners, and their expenses are paid by the T Block flat owners according to their lot shares. This Administrative Plan is prepared as 41 articles and will enter into force on official registration in the title deed. Annexes: 1 Annex to Article 2 4 Annexes to Article 38 5 Annexes to Article 39 12

13 T.C. ISTANBUL, BEŞİKTAŞ DISTRICT, DIRECTORATE OF 1.REGION REGISTER OF DEEDS, We kindly request that the articles and 41 of the Administrative Plan, which has been registered in your directorate during the establishment of flat sharing on with journal no. 4262, are changed as indicated below and articles 42 and 43 are added to the same plan, and that the annexes presented as the Administrative Plan annexes are added to the plan. Sincerely. 13

14 MAYA RESIDENCES ETİLER DETACHED APARTMENT HOTEL ADMINISTRATIVE PLAN MODIFICATIONS AND ANNEXES The articles 3, 7, 9, 12, 23, 29, 40, 41 of the Administrative Plan, which has been prepared and signed by the flat owners for the real estate located at the address of Istanbul, Beşiktaş District, 66 Plot, 593 Block, 53 Parcel, have been changed as follows and articles 42 and 43 are added. ARTICLE 3 - This Administrative Plan binds all the flat owners in the blocks and Independent Sections of the main real estate, their heirs, and the third persons who will later acquire the Independent Sections by purchasing them or other ways and the residents and beneficiaries of the Independent Sections. The vote of four fifth of all the residents is necessary to change the entire or any article of the Administrative Plan. However, the consensus of all the flat owners is necessary for changing the articles 38, 39, 40, 41 and 42 of the Administrative Plan. ARTICLE 7 - The Independent Section owners cannot make any change or reparation that will damage the architectural aesthetic, soundness and firmness of the main real estate and the blocks. They cannot make doors or windows through the common dividing walls. They cannot leave wastebaskets, motorcycles, bicycles, baby carriages, wood and coal baskets, etc. in the corridors, on the stairs and landing. The garbage of the Independent Sections is collected in any case in plastic bags. The laundry cannot be hanged out in the balconies and to the front of the windows in a manner to be seen from outside. It is forbidden to put satellite receivers, dishes and other kinds of antennas on any side of the blocks or parcel. However, in case of necessity, antenna and air conditioning systems can be installed in the blocks with the written consent of MAYA CONSTRUCTION INDUSTRY INC., to the points and in the way it approves. Block Independent Section flat owners or tenants or third persons residing in the Independent Sections cannot in any case hang from inside or outside any notices, announcement, ornaments, objects or any other things in a manner to be seen from outside, except for the applications carried out or to be carried out by the constructor MAYA CONSTRUCTION INDUSTRY INC. on the block or main real estate. 14

15 In addition, a signboard (with a maximum height of 0,50 m. and a maximum width of 0,80 m) that shows the names of the responsible architect, constructor companies and the construction year can be put at a suitable point in the common area within T Block by MAYA CONSTRUCTION INDUSTRY INC. The maintenance of this signboard and its place is within the responsibility of the BLOCK MANAGER and EXECUTIVE BOARD. The size, place and number of the advertisement boards to be placed on the façade of the Independent Sections nos. 316, 317, 318, 319 and 320 are indicated in the drawing attached. The parties cannot put and hang any advertisements or introductory signs, boards, etc. other than these on the façade of T Block. Otherwise, Maya or the Executive Board has the right to intervene and remove them. The flat owners of the Independent Sections nos. 316, 317, 318, 319 and 320 will be able to place only their own emblem and/or name. If the emblem and/or the name changes, the new emblem and/or name to be placed will be as shown in the drawing attached. If the flat owners of the Independent Sections nos. 316, 317, 318, 319 and 320 sell one or more of their Independent Sections, the new owner or the tenant can by no means hang or put emblems, introductory boards, advertisements, etc. on the façade apart from the allocated parts in a manner to be seen from outside. They cannot put any boards, advertisements, etc. -although allowed by the municipalitywithin the external contours of the building on the sidewalk or near the building in a manner to prevent the outer façade of the building. ARTICLE 9 - Flat owners must abide by the rules of goodwill when using their own Independent Sections and common areas. They can not do especially the following: They cannot use their Independent Sections for immoral acts that are contrary to the socially acceptable behaviors, for example as unlicensed brothel, gambling house, etc. They cannot shake out rugs, carpets, etc., they cannot spill water, etc. and throw garbage, etc. from the balconies and windows of their Independent Sections. The flat owners of A, B, C, D, E, F, G, H, I, K, L, M, N, O Block, V4 BLOCK with section no 2 B, V3 BLOCK with section no 3 B, V2 BLOCK with section no 4 B, V1 BLOCK with section no 5 B cannot use in any case their Independent Sections as consulate, attaché office, political party bureau, trade union, association center or club, boarding house, hospital, dispensary, clinic, policlinic, and chemical laboratory and they cannot open in their Independent Sections entertainment places such as cinema, theatre, café, casino, night club, bar, club, dance hall and other establishments such as bakery, restaurant, pastry shop, factory, dye house, printing house, shop, gallery and bazaar. They cannot raise domestic or wild animals, birds of prey, cats, dogs and chicken in their Independent Sections and in the common areas, unless allowed by the committee of the flat owners. They cannot organize meetings in their Independent Sections in a manner to disturb other flat owners; they must be careful not to disturb the other flat owners during their special meetings 15

16 such as engagement, wedding ceremonies, etc. and they cannot hold such meetings in the common areas unless allowed by the committee of the flat owners. They cannot use radios, musical instruments, etc. in a manner to disturb other flat owners. They cannot keep explosive and malodorous substances in their Independent Sections and in the common areas, and they must avoid from acts causing shake, odor, smoke, and dust in a manner to disturb other flat owners. When parking their cars, the flat owners should be careful not to violate the parking areas (garage, etc.) allotted for them and they shall fully abide by the decisions made by the EXECUTIVE BOARD. ARTICLE 12- The flat owners participate in the general expenses of the real estate and the blocks in accordance with the following principles: A) Fuel, electricity, maintenance and repair expenses made for the heating and cooling of the blocks and the common areas are shared among the flats, offices and social facility units, taking into account the technical data indicating the heating and cooling periods determined by the owners of the apart units in the blocks, the owners of the Independent Section business offices and the owners of the shops in each block. Thus, the shares determined for each expense group are divided among the aforementioned Independent Section groups considering their land portions. B) The operation, maintenance and repair expenses made for the elevators and installation in the blocks and the special expenses of the blocks are divided between the block Independent Section owners according to their plot shares. C) The services such as house-keeping, room-service, laundry, ironing and dry cleaning, technical maintenance and repair and reception service are determined as directed towards the Independent Sections and seen within the framework of tariff prices, so they will not be considered within the general administrative expenses and not be divided among the Independent Section flat owners. General administrative and personnel expenses; the difference in case of the fact that the cleaning, maintenance, repair expenses of the common areas are higher than the operating incomes of the common facilities; personnel equipment expenses; maintenance and operating expenses concerning TV installation, illumination of the common areas in the main real estate and generators; expenses for the development and renewal of the common areas and other administrative expenses are divided among the Independent Section flat owners according to their plot shares. D) The costs of cold and hot water consumed in the Independent Sections is divided taking into consideration the consumed amounts during the available times in the blocks or Independent Sections. The difference between the total amount of water consumed in the Independent Sections and that consumed in the whole real estate will be deemed to have been used for the common areas and services and be equally divided among the Independent Section flat owners. 16

17 E) The electricity and fuel used for hot water will be separated considering the technical principles from the general fuel and electricity costs used for heating and will be equally divided among the Independent Section flat owners in accordance with the dividing principle indicated in this article concerning the hot water. F) The expenses for the renewing of fixed installations of the real estate, buying new permanent fixtures and for new investments are divided among the Independent Section flat owners according to their plot shares. ARTICLE 23- Flat Owners Committee gathers with the absolute majority of the flat owners and their lot shares. It makes its decisions with majority of votes. If the meeting is not held due to the lack of majority at the first time, the sufficient number is not sought at the second one and decisions are taken with the majority of the participants. The other provisions of the Flat Ownership Law about the sufficient number are reserved. (Articles 24, 28,34,42,44,45 of the Flat Ownership Law) However, T Block Flat Owners Committee meets with the 2/3 of the T Block flat owners according to their lot shares for the subjects regarding T Block, and it can take decisions with the affirmative votes of 2/3 of the participants. ARTICLE 29- The Executive Board can bring into force more detailed Regulations on certain issues, especially on the management, maintenance and functioning of common areas and other relevant topics, if not contrary to the Laws and the Administrative Plan. Services As the main real estate that is the subject of this Administrative Plan has been designed as a whole consisting of a modern detached apartment-office and apartment hotel units, the following services are essential in the main real estate. Continuous security service Continuous cooling and heating service depending on the season Uninterrupted hot water Cable television Cleaning of the common areas and the Independent Sections, wiping of the windows and collecting the garbage (house-keeping) Food and beverage service in the common areas and Independent Sections (room-service) Laundry, ironing and dry cleaning services Technical maintenance and repair service including the Independent Sections Reception service for the management of Apartment units Security and control service in the parking lots and common garages allocated for the Independent Sections. Arrangement, vegetation and maintenance of the common areas and the gardens. 17

18 Among the above-mentioned services, Cleaning of the common areas and the Independent Sections, wiping of the windows and collecting the garbage (house-keeping); Food and beverage service in the common areas and Independent Sections (room-service); Laundry, ironing and dry cleaning services; Technical maintenance and repair service including the Independent Sections; Reception service for the management of Apartment units will be delivered to the Independent Sections on demand and a value to be determined by the service company under the control of the Executive Board will be collected in exchange thereof. The executive board can place barriers that can be opened by special cards on the entrances, including the garage. In such a case, the flat owners have to take pains to use these cards and especially to prevent their transfer to the irresponsible third persons. In such transfers, the responsibility is upon the flat owner. The executive board can demand the third persons to visit the flats to put IDs and introduction cards on their collars. The flat owners residing on the ground and underground floors have to prevent the third persons to pass the other blocks from their independent Section and entrances. ARTICLE 40- Independent Section flat owners nos. 2,3,4,5 and 336 do not benefit from the common areas and services out of their field of use indicated in this Administrative Plan, and therefore do not share their expenses. If they want to benefit from the facilities and services, they only share the expenses of that division. ARTICLE 41- The affirmative easement of the common areas within each block belongs only the flat owners of that block. The common areas within Block T, the parking lot area allocated to the flat owners of Block T belong only to the T Block flat owners, and their expenses are paid by the T Block flat owners according to the number of allocated parking lot areas.. ARTICLE 42- The Independent Section and allocated terrace areas of the independent section no. 273 have been presented in the location plan attached. The Independent Section and allocated terrace areas of the independent section no. 331 have been presented in the location plan attached. The right to use and easement of these allocated areas belongs only to the flat owners of the Independent Section to which they pertain. The terrace areas other than those allocated to the Independent Sections nos. 273 and 331 are allocated to the use of the flat owners of each block, the rules of use to be determined by the Flat Owners Committee of each block. On these terrace areas (except for T Block) the flat owners cannot make any change in appearance, build eaves, ceiling, walls, dividing windows, etc., neither can they put antennas, boards, etc. They are obliged to abide by the sanctions indicated in the articles 5,7,8 and 9. Their outer maintenance and reparation will be carried out by the beneficiaries. The green fields marked around the ground and garden floors in the location plan are allocated to the independent section flat owners residing on these floors. However, these Independent 18

19 Section flat owners can only use the areas separated by MAYA CONSTRUCTION INC. by plants, floor tiles or similar landscape materials in conformity with the construction principles; they cannot go beyond these areas, enlarge them arbitrarily, use them for different reasons, and make any installation (greenhouse, grand trees, animal shelters, etc.) in a manner to disturb the general appearance, the sight and the tranquility of the neighbors. The locations, areas occupied, size and other qualifications of the allocated areas are determined according to the location plan that is an inseparable part of this Administrative Plan, the drawings in the project, and other technical information and indications included in them, and no application is made out of the project. ARTICLE 43- Independent Sections nos. 1, 16, 17, 28 are operated by their owners according to the economic and administrative principles of the enterprises here and they can be open to the third persons depending on the principles to be determined by the owners. This Administrative Plan is prepared as 43 articles and will enter into force on official registration in the title deed. Annexes: 1 annex to Article 2 3 annexes to Article 7 4 annexes to Article 38 5 annexes to Article 39 2 annexes to Article 42 (Nos. 273 and 331) 19