Cooperative law and housing cooperative disputes
Membership, expulsion, general assembly decisions and board liability in housing cooperatives.
- Civil cases
Last updated: · Av. Şeref Şahin
Cooperative law governs the relationship between a cooperative and its members, and the powers of the general assembly and the board of directors. Disputes most often arise in housing cooperatives, when handover of the homes is delayed or members are expelled.
The law sets short deadlines for objecting to an expulsion and for annulment actions against general assembly decisions. It is important to keep a record of the date you learned of the decision.
When legal advice may be needed
- You have been expelled from a cooperative
- You believe a general assembly decision is unlawful
- Handover of your home or transfer of the title deed is delayed
- You have been asked to pay excessive or unjustified dues
- You believe the board of directors has caused the cooperative a loss
- You want to transfer your cooperative share or leave the cooperative
Services
- Objections and actions against expulsion decisions
- Annulment of general assembly decisions and declarations of nullity
- Actions for handover of homes and transfer of title deeds
- Disputes over dues and default interest
- Liability of board of directors and audit board members
- Transfer of membership shares and withdrawal
- Advice on formation, articles of association and general assemblies
- Liquidation proceedings
Common questions in this area
I was expelled from the cooperative. How long do I have to object?
Under the Cooperatives Law, you can apply to the court within three months of notification of the expulsion decision. If the articles of association provide for an objection to the general assembly, that route should also be considered.
Who can file an annulment action against a general assembly decision?
Members who attended the meeting and had their dissent recorded in the minutes, members who were unfairly prevented from attending, and members who claim the meeting was not properly held can file an annulment action. The board of directors can also file one.
My home has not been handed over. What can I do?
If you have paid your obligations under the articles of association and general assembly decisions, you can file a case against the cooperative for transfer of title and handover. Losses caused by the delay can also be claimed separately.
Can board members be held personally liable?
A liability action can be brought against board members who caused the cooperative a loss by performing their duties in breach of the law or the articles of association.