Guide to Preparing Management Plans for Shopping Malls and Commercial Complexes

Türeli & Ceylan Attorney-at-Law | Commercial & Real Estate Law Advisory

Shopping malls and commercial centers are large-scale properties consisting of multiple independent units. In such structures, it is essential to establish a Management Plan to clearly define the rights and obligations of both property owners and tenants.

This article explains what a management plan is, how it is prepared, what provisions it must include, and why professional legal guidance is crucial in this process.

What Is a Management Plan?

A Management Plan is a written document that outlines the governance structure of a building (such as a shopping mall, business center, or residence) in accordance with the Turkish Condominium Law (Kat Mülkiyeti Kanunu). It regulates the appointment and duties of the manager or board of directors, methods for sharing common expenses, and the rules that all occupants must follow.

Legal Basis: Article 28 of the Condominium Law

“The management plan shall have the effect of a contract binding on all unit owners.”

When and How Is a Management Plan Prepared?

• Initial Stage: It is prepared when establishing condominium ownership or construction easement (kat mülkiyeti or kat irtifakı), typically after occupancy permits (iskan) are obtained.
• Who Drafts It? Usually drafted by the developer or the first owner, but in large-scale complexes, it should be prepared in detail by legal professionals.
• Registration: The plan must be registered with the Land Registry and becomes legally binding on all current and future owners and users.

What Should a Management Plan Include?

1. Appointment procedures for the manager or board of managers
2. Rules for allocation of common expenses (e.g., based on square meters or fixed ratios)
3. Usage and access rules for common areas (e.g., parking, security, advertising boards)
4. Rights and obligations of commercial tenants
5. General assembly procedures, quorum, and voting requirements
6. Dues payment regulations and sanctions for non-compliance
7. Penalties and conditions for initiating legal action
8. Amendment procedures for the plan (typically requires a 4/5 majority vote)

Why Is a Management Plan Important?

• It is binding on all owners and tenants
• Provides organizational structure and clarity for shared use areas
• Offers a legal framework against arbitrary practices
• Facilitates resolution of common expense disputes
• Serves as evidence in future legal proceedings

Note: Without a properly drafted management plan, there is no legal basis to enforce collection of dues, shared expenses, or marketing contributions.

Key Considerations When Drafting a Management Plan for Malls & Business Centers

• Must comply fully with the Turkish Condominium Law
• Provisions should reflect high-density leasing environments
• Tenant obligations must align with the principle of proportionality
• Contract language must be clear, enforceable, and practical
• Future costs (e.g., renovations, capital improvements) should be anticipated

Risks of Drafting Without Legal Support

An improperly drafted or incomplete management plan may result in:

• Inability to collect shared expenses or dues
• Failure to enforce tenant obligations
• Annulment of board decisions
• Management disputes and governance crises

What We Offer at Türeli & Ceylan Attorney-at-Law

• Tailored management plan drafting for malls and business complexes
• Preparation of legally compliant agreements under the Condominium Law and Code of Obligations
• Legal assistance in tenant management and eviction procedures
• Revision and registration of management plans at the land registry
• Support in collection of shared expenses and issuance of legal notices for unpaid dues

If you are developing, managing, or leasing units in a shopping mall or commercial center, Türeli & Ceylan can help you establish a legally sound and operationally effective management structure.
Contact us for reliable legal support tailored to your property needs.