CYPRESS HILL

MANAGEMENT PLAN

FIRST CHAPTER

General Provisions

1- The Real Estate

Multiple villas will be built on the land which is registered on Province of Aydın, Kuşadası
Town, Soğucak Village, Söğütdere Place, 2 section of a large map, 21 plot. These real estate
properties and the other buildings and facilities which will be built in order to make life easy in
the complex, and also for social, cultural and sport activities, will be managed in accordance
with this management plan.

2- Ownership of a Flat (Villa) on the Estate

There are independent real properties and facilities on the estate. “Owner of a Flat” means
the owner of each independent real estate property; and “Independent property” means each
villa which will be used as a house.

3- The Quality of the Independent Properties

According to the approved plan, all independent properties are residences. They cannot be
used for any other purpose. Purposes of the other facilities in the complex are defined as
well.
The purpose of a facility can be changed by the Board of Owners, by written application.
Individual owners can object to such decisions, or the owner who applied can object to a
negative decision. In such a case, the Board of Owners should decide the matter during a
general meeting. However, the Chairman may request to arrange an extraordinary meeting
due to the importance of the subject; then the relevant owner must pay the expenditures
regarding this meeting. The term for objection is 7 days as of the announcement of the
decision.

4- Common Places
Places which consist of main buildings and outbuildings, as mentioned in the Law (KMK =
Law of Ownership of a Flat) and necessary places for use, benefit and defence are
considered as common places of the owners, including roads, paths, walls and lighting..

5- Name Of The Complex

The name of the complex is “Cypress Hill”- “Selvi Tepesi Villaları” This name is an expression
of the whole of the buildings, facilities on the plot and owners association.

6- Who is Bound to The Management Plan

This management plan, which is considered as an Agreement, arranged according to “Flat
Ownership Law” (KMK) and all owners are bound to it. The owners cannot declare that they
don’t know about the obligation to pay jointly the expenses for the shared places and
facilities.
All owners, their inheritors, and the third persons who will buy the properties via sale or any
other way are bound to This Agreement. According to the relevant articles in the Turkish Civil
Code, nobody can declare that they don’t know about this management plan.
For the areas which do not have a statement in this management plan, “Flat Ownership Law”
is carried out. If there is no article about the issue in the Law, then general justice rules and
former decisions of the Board of Owners are carried out.
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7- Amendment of the Management Plan
This management plan can be changed by a minimum quorum of 4/5 vote of all owners.
Changes cannot terminate the obligation of the owners regarding the joint costs of the shared
places and facilities expenses.

SECOND CHAPTER

MANAGEMENT BOARDS

- The Board of Owners:

8- Establish the Board of Owners

The Board of Owners is the ultimate decision board to manage the whole complex. Possible
disputes between the owners or between one of the owners or some of them and Directors
and auditors as regards direction or use the whole complex, are decided by the Board of
Owners according to 6th provision of this management plan. Each of the owners
automatically becomes a member of this Board. All owners or legally entitled representatives
can participate in meetings of the Board.

9- Participation to the Meetings and Vote Right

At the meetings each owner of an individual property has a vote. If a person has more than
one property, he/she can vote for each of his/her property. However, in such a case, the
person cannot vote more than 1/3 of total votes of the whole owners.
If there is a joint ownership or co-ownership on an independent property, so that if there are
two or more owners, a representative of them may vote in the meetings. The other owners of
the property can participate to the meeting as a guest.
Owners can delegate someone to participate to meetings and be represented by him. The
representative’s name should be declared in writing to the Board. It is possible to appoint one
person as representative for two or more owners. Then the owners have to present a written
document to the Board. A representative cannot represent more than 1/3 of the total
independent property. Incapacitated owners are represented by their legal representative.
Where a representative has been appointed, if one of the decisions of the Owners Board
affect (in positive or negative way) one of the individual owners, this owner can participate in
the meeting, however, he/she cannot vote.

10- Meeting Date and Invitation

The Board of Owners will meet in the second Quarter of each year. The meeting place and
time are set by the Executive and the owners will be informed in writing at least 3 months in
advance together with a request for items to be included in the agenda. The agenda will be
sent out two months before the meeting. The official language of the meeting will be English.
In the invitation will also be mentioned where and on which date the second meeting will be,
if the necessary number of owners don’t participate in the first meeting.
In case of urgency, the Board of Directors or 1/3 of the owners can request an extraordinary
meeting. In such a case, the reason of the meeting and agenda will be sent or given in writing
to the owners at least 15 days in advance.

11- The Meeting Validity and Decisions

The meeting of the Board of Owners is only valid if the majority of all owners and majority of
the land portions is present.
The decisions must be voted by majority of the votes. If the necessary quorum of owners do
not participate in the first meeting, a second meeting must be arranged within 1 week and at

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this meeting the majority of the participating owners will be enough to make a qualified
decision. The articles arranged in the “Flat Ownership Law” will be applicable.

12- Decisions Affects and Announcement

All owners are bound to all decisions of the Board of Owners even if they did not participate
in the meetings or did not vote for the decisions. Also the inheritors of the owners, or the
persons have acquired the property in any way, or the tenants and holders of the property for
any other reason and also Executive and Auditors are bound to the decisions.
The decisions are announced by the Executive to the owners who didn’t participate in the
meeting and by the owners to the tenants and the others who live in the properties. The
announcement will be made in writing and on a notice board in the complex.

13- Meetings and Agenda

The Chairman of the Board will chair the meeting. He may appoint a replacement from those
entitled to attend the meeting.
As a principle, the agenda of the meeting is final. However, upon suggestion of at least 10%
of the participants other issues may be met as well.

14- To Writing the Decisions and Signing

Decisions of Board of Owners are written in the “Decision Notebook” ; each page of the
notebook will be approved by a public notary. The owners sign and approve them. The
owners who vote negatively for the decision will write the reason of their vote against the
decision and sign.

- The Executive:

15- Election
Every year at the general meeting of the Board of Owners, the owners appoint an Executive
which consist of a Chairman, Secretary and two other members. One of the members of the
Executive carries out the Members Administration and the financial administration. According
to the law, the Executive will be appointed for a year. The Executive will be elected by
majority of the owners. An Executive member may be re-elected.
Every year the appointment will be automatically continued, unless a majority of the owners
vote against the Executive or one of its members. In addition the Executive Members will
resign following a rota, drawn up by the executive themselves (see appendix 1)
If the owners cannot elect a Executive one of the owners may apply to the Minor Court to be
appointed Executive by a judge. In such a case, the Executive cannot be dismissed within 6
months. The Board of owners may appoint a Site Manager in order to carry out the
obligations as written below and as arranged in the Law. The Site Manager may be a person
from among the owners or a person who is not a owner.
The names, and addresses of the Executive and the Site Manager will be announced in the
complex.

16- Site Manager’s Fee

At the meeting in which the Site Manager is elected, the owners will define the fee to be
paid. The owners define if there will be a fee and how much it will be. Without a decision of
Board of Owners, any kind of fee cannot be paid to the Site Manager. If the Site Manager is
not an owner, then a contract is arranged and signed with him.

17- Obligations and Duties, Executive

The Executive is responsible to the owners as their representative. The Executive is obliged
to present a calculation of all income and expenses at the annual meeting. The income-and
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expenditure accounts will be given or posted to the owners together with the invitation of the
meeting.
At any time a majority of the owners request, the Executive should show accounts. The
Executive is obliged to keep accounts for at least 5 years.
The Executive will carry out tasks as written in the Flat Ownership Law, the other Laws, in
Agreement and this Management Plan and also tasks as written below:
a. To carry out the Board of Owners decisions.
b. To control site expenditure in line with the budget.
c. To take necessary measures to be sure that all building, common places and facilities
are used properly, are protected, properly maintained and repairs done as needed.
d. To ensure that utility supplies (water, electricity, rubbish disposal etc) are maintained
and contracts in place.
e. to employ a gardener, security staff and other staff, to sign contracts with them, to
carry out any essential transaction about them according to Labour Law and Social
Security Law.
f. To insure all buildings and common areas in case of Board of Owners decide about
insurance.
g. To collect advances from owners for management of the complex and maintenance
and the other expenses; to obtain incomes, to pay debts, to keep and spend money in
a useful way, to keep advances and incomes in bank account.
h. To open a case and executive proceeding against owners and the other holder who
don not fulfil their obligations regarding the ownership.
i. To carry out all correspondence concerning the complex
j. To invite owners for general meeting and to prepare the agenda.
k. To write down the Board of Owners decisions in the decision notebook, to have the
notebook approved and to keep all documents at least five years.
l. To account for the pursued policy and the expenditure and to discuss a new annual
plan with a budget during the annual meeting. In the Budget there will be estimated
amount of income and expenses for the year, calculation of approximate amount of
money which each owner will pay as advance for general expenses and also the
terms of the payment. If there is no objection to the annual plan within seven days and
if it is not changed by the Board of Owners, the Executive will carry out the
Management Plan

18- Obligations and Duties, Site Manager

The Site Manager is responsible to the owners as their representative on site. The Site
Manager reports to the Executive, for his actions as well as the expenses. On request of the
Executive, the Site Manager should show accounts.
The Site Manager will carry out tasks as written in the Flat Ownership Law, the other Laws, in
Agreement and this Management Plan and also tasks as written below:
a. To carry out the Board of Owners decisions in consultation with the Executive.
b. To control site expenditure in line with the budget.
c. To take necessary measures to be sure that all building, common places and facilities
are used properly, are protected, properly maintained and repairs done as needed.
d. To ensure that utility supplies (water, electricity, rubbish disposal etc) are maintained
and contracts approved by the Executive.
e. to employ a gardener, security staff and other staff, to sign contracts with them, to
carry out any essential transaction about them according to Labour Law and Social
Security Law.

- The Auditors:

19- Election
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The Board of Owners may audit the Executive anytime and can dismiss him/her in case of
there is a rightful reason. In addition, the owners elect auditors who have sufficient
knowledge about accountancy. Auditors are elected with majority of owners. The Board of
owners may elect a Board of Auditors consisting of up to3 persons.

20- Auditors’ Fee

The Board of Owners decide their fee. The fee is to be paid by the owners. Without a
decision of the Board of Owners no fee of any kind can be paid to the auditors.

21- Control
The Auditor audits the accounts of Board of Owners once a year, prepares a written report
and presents it at the general meeting of the owners see 17 above. In case of there is a
rightful reason, the owners can audit the accounts at anytime. A copy of the report will be
sent by post or given to the executive one week before the meeting.

THIRD CHAPTER
RIGHTS AND OBLIGATIONS OF THE OWNERS

22- The owners of the villas have all rights and authorities which have been arranged by
Turkish Civil Code. However, the provisions of flat ownership law and this management plan
are reserved.
The owners cannot build any addition building on their independent property if this would
damage the complex, they also cannot build facilities and do modifications if this would affect
the general appearance of the complex. Additions or modifications must be notified to the
Site Manager and approved by the Executive.

23- The owners of villas are owners of the general places according to general ownership
articles of the law; they can use these areas according to law and this management plan.
The owners are obliged to concern themselves about maintenance and cleaning of common
areas, protect the areas and their beauties and soundness.

24- The owners are obliged to behave proper to general good faith principles when they use
their independent property, additions and common areas. They are also obliged to avoid
disturbing the other owners. The owners and users therefore undertake to obey the Code of
Order, see appendix 2.
In addition:
a. They cannot plant on the boundary of their property if the plants will overflow the
neighbour’s garden. The trees cannot be planted 2 meter or closer to the main villa. In
addition, the trees which will be planted should not be in need of too much chemical
substances; they may be citrus fruits trees, peach etc.
b. They may arrange for a hobby garden in their garden and plant some vegetables such as
tomatoes, papers etc. on it. This garden can be maximum 5 square meters.
c. They shall, before installing equipment on the outside of the villa or arranging any other
modifications which differ from the standard first consult the Executive. In case of doubt,
the executive will consult the other owners.
d. Owners who experience nuisance by trees, satellite dishes or other items constructed on
the plot of another villa shall first attempt to reach a solution with the other owner. If
agreement can not be reached, they can lodge a written complaint with the executive.

For the owners article 24 a to d apply from the moment TIC has transferred property of the
villa to them

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25- The owners are obliged to have their property painted at least once per five years with
“terraco” or equivalent brand and with the colour and features as defined by the Board.

26- Equipment and possibly vehicles used for common facilities such as swimming pool,
water supply for tap water and fire fighting will be replaced as required. The owners will pay
their share as common expenditure.

27- The owners are obliged to maintain their garden well. If one of the owners will be notified
in writing by the Site Manager to do garden maintenance and he/she does not do it, the Site
Manager will have the maintenance done. The maintenance costs are payable by the owner
involved.

28- In cases there is a need to enter one of the owners independent property to repair a
breakdown which has occurred in other properties or common areas, the owners must let
relevant people enter their property.

29- It is an obligation for all owners, tenants and the other holders of the properties to carry
out these provisions as laid out above, as well as applicable Law articles.

30- Obligations of the Other Holders

All articles and provisions as written in this Management Plan and the Turkish Flat Ownership
Law are carried out by all owners and tenants and other holders. The owners and the holders
or tenants will be responsible together for the obligations mentioned.

FOURTH CHAPTER

COMMON EXPENDITURES

31- Principles
1. The owners share all common expenses equally, irrespective of their land share rate.
2. The owner of an independent property cannot declare that he/she does not need common
areas or facilities and cannot avoid paying their share of expenses because of that. An owner
cannot declare that he/she does not want the common areas and facilities and thereby avoid
paying the expenses.
3. If one of the owners cause a expense for a common place, this owner is obliged to pay
the associated costs.
4. The Board of Owners or the Executive can open a case and execute proceeding against
owners who do not pay their expense share.
5. The owners pay the cost of facilities, maintenance and management expenses for useful
additions and changes in the common areas according to law.

32- Obligations of the Other Holders

Even if a tenant or some other holders live in the property each owner will still be responsible
for the expenses; they cannot claim that they transferred the debt to somebody else by an
agreement. If it is not possible to get the expense in this way, a legal mortgage may be
registered on the property in favour of the other owners.

FIFTH CHAPTER

THE OTHER ISSUES

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33- The Site Manager in consultation with the Executive, suggests and the Board of Owners
decides about the staff who will work on security and maintenance of the complex. The Board
of Owners decides about the staff, their fees and dismissals. The Site Manager in
consultation with the Executive can decide about them if there is an urgent situation, in such
a case his decisions will be discussed in the first meeting of the Board of Owners.

34- The Site Manager orders and directs the staff as written above and controls their works
as the owners representative. The Site Manager must make the staff work fair and in good
faith.

35- The owners are obliged to provide the name, telephone numbers and address of their
new tenants or the other holders to the Site Manager. The owners are responsible for all
obligations with regards to the tenants and the other holders jointly.

Definitions
1 In writing means by mail or by e-mail. This means that all owners who have an e-mail
address, accept that information by e-mail has the same status as information by post.

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