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Administration, General Assembly and Liability
Administration, General Assembly and Liability
Prepared by: Constantinople
The time limit for setting aside an association general assembly resolution depends on attendance and awareness. Article 83 of the Turkish Civil Code provides one month from the resolution date for a member who attended but dissented. For an absent member, the limit is one month from awareness and in every case three months from the resolution date. These are the ordinary rules for setting aside resolutions; allegations of non-existence or absolute nullity are assessed separately.
Provide together the current constitution, membership record, notice documents, agenda, attendance list, general assembly minutes, voting and objection records and documents showing the awareness date. An objection addressed only to the administration should not be assumed to preserve the litigation time limit. Specify how dissent will be established, the irregularity alleged and outcome sought. If a decision of another association body is challenged, exhaustion of internal review remedies may arise differently.
First check standing and time-limit calculations, then match allegations of unlawfulness or constitutional breach to evidence. Distinguish mere disagreement with the majority's preference from a legal-validity issue. The damage that implementation may cause and need for interim protection are also examined for the case. If the deadline approaches, tell the lawyer without waiting for every document.
Attendance and dissent, and learning of a resolution outside the meeting, are important to assessing the application period. The resolution underlying the claim to set it aside should be identified clearly. If non-existence or absolute nullity is alleged, its legal classification is examined separately. An administrative complaint does not make checking court-application requirements and time limits unnecessary.