KÜHEYLAN HUKUK
Condominium Ownership Disputes: Dues Debt, Common Areas and Site Management Condominium Law No. 634, art. Expense Sharing, Delay Compensation, Cancellation of Board Decisions and Intervention in Common Areas within the Scope of Articles 19, 20, 22, 24, 33 and 37 (2026) Updated as of 2026
The most common disputes in apartments and sites are; unpaid dues, unauthorized use of common areas and objections to the decisions of the flat owners board. The Condominium Law stipulates a five percent monthly delay compensation for unpaid dues, and the finalized operating project is a strong document in enforcement proceedings. With the amendment made in May 2026, the operating project became approved by the board and fee increases were limited to the revaluation rate. The tenant living in the independent section is also responsible for this debt, limited to the rental fee. Short periods are foreseen for annulment proceedings against Board decisions. Cases arising from condominium ownership are heard in the Civil Court of Peace and mediation is mandatory before the case.
In a condominium structure, each owner is the sole owner of his/her own independent section and a shareholder of the common areas in proportion to his/her land share. Areas such as stairs, roof, elevator, parking lot, garden, shelter and boiler room are common places. The operation of this order is carried out in the triangle of the flat owners' board, the manager and the management plan. The management plan is a binding contract for all flat owners and is also binding on subsequent owners.
KMK m. According to Article 20, unless there is a contrary provision in the management plan, flat owners participate equally in the expenses of doorman, heater, gardener and guard. Maintenance, protection, insurance and management expenses of common areas and other common expenses are shared in proportion to the land share. A flat owner who does not use his/her independent section, for example the owner whose flat remains empty, cannot avoid common expenses for this reason.
The flat owner who does not pay the common expense or advance share on time is obliged to pay delay compensation at the rate of five percent per month for the days in which the payment is delayed. This rate arises from the law and a higher rate cannot be determined in the management plan. Delay compensation may be subject to enforcement proceedings together with the dues receivable.
KMK m. According to Article 22, persons who continuously benefit from the independent section due to a rental agreement, right of occupancy or any other reason are jointly and severally liable with the flat owner for common expenses, advance payments and delay compensation. This liability of the tenant is limited to the amount of rent he is obliged to pay, and the payment he makes is deducted from his rent debt. If the debt cannot be collected in this way, a legal mortgage can be registered on the independent section of the debtor owner in favor of other flat owners for the debt determined by the court.
The administrator may initiate enforcement proceedings for unpaid dues. KMK m. 37 has been significantly amended by Law No. 7579 dated 7 May 2026. In the new order, the operating project is approved by the board of flat owners. If there is no approved project, the manager prepares a temporary business project without delay and this project is accepted by the board within three months at the latest. The provision regarding the seven-day objection period in the old order has been abolished; Therefore, the basis for the dues amount is now a direct board decision.
The most important result of the change in practice is the limit on dues increases. If there is an operating project in force, the price to be envisaged in the temporary project cannot exceed the revaluation rate announced in accordance with the Tax Procedure Law for the previous year. The finalized operating projects and the board's decisions regarding operating expenses are subject to EBL art. It is a document in the sense of 68/1. In this way, if the debtor objects to the proceedings, a quick solution is possible by removing the objection in the enforcement court.
Approval of the operating project In the board of flat owners; Acceptance of the temporary project by the board within three months at the latest
Dues increase limit The increase compared to the current project cannot exceed the revaluation rate of the previous year (Law No. 7579)
If tracking is objected to Removal of the objection in the enforcement court or cancellation of the objection in the Civil Court of Peace (prior to mediation)
Cancellation of the board decision (those who attended the meeting and voted against it) One month from the date of decision
Cancellation of the board decision (not attending the meeting) One month from learning, in any case six months from the date of decision
The board of flat owners makes decisions on issues such as selection of managers, approval of the operating project, and work to be done in common areas. Decisions taken contrary to the law, management plan or procedural rules regarding the board meeting are subject to KMK art. It can be canceled in accordance with Article 33. The flat owner who attends the meeting and votes against the decision shall, within one month from the date of the decision; The flat owner who did not attend the meeting must file a lawsuit within one month from the date of being informed of the decision, and in any case within six months from the date of the decision. These periods are degrading; However, no time requirement is required for decisions that are null and void or invalid.
In practice, meetings held without following the call procedure, decisions taken without a quorum, and decisions taken by majority on issues requiring unanimity are the most frequently annulled decisions.
KMK m. In accordance with Article 19, flat owners are obliged to protect the architectural condition, beauty and durability of the main building. Construction, repair, installation and changes cannot be made in common areas without the written consent of four-fifths of all flat owners. Taking ownership of the attic, enclosing a part of the garden, using the shelter as a warehouse or placing a closet in the common corridor are the most common examples of interventions.
In these cases, the manager or any flat owner first warns; If no results are obtained, KMK art. In accordance with Article 33, the Civil Court of Peace is requested to prevent the intervention and restore it. Renovations made within the independent section that damage the carrier system can also be stopped in the same way.
KMK m. In accordance with Article 24, entertainment and meeting places such as coffee houses, casinos, bars and dance halls are located in the independent sections shown as residences in the title deed; Food and nutrition places such as bakeries, restaurants, patisseries, and places such as factories, paint shops, printing houses, shops, galleries and bazaars can only be opened with the unanimous decision of the flat owners board. Hospitals, clinics, outpatient clinics and pharmaceutical laboratories cannot be established in any independent section registered as a residence, business or commercial place; Clinics that do not meet this qualification are excluded from the ban. Illegal uses, KMK art. According to Article 33, it can be stopped by the intervention of the judge. Other uses in the nature of offices are evaluated according to the provisions of the management plan and the impact of the concrete use on other owners.
In a site in Ataşehir, a flat owner has not paid dues for fourteen months. A tenant lives in the flat. The manager initiated enforcement proceedings based on the business project approved by the flat owners' board in June 2026, and the debtor objected to the proceedings. The debtor also claims that the increase in the new project is exorbitant.
The business project, which was approved by the board and finalized, is approved by the Board of Directors. It is a document within the meaning of Article 68/1; The administrator may request the removal of the objection in the enforcement court. However, it should also be checked whether the increase exceeds the previous year's revaluation rate; The part that exceeds the limit may become open to discussion. In addition to the original receivable, five percent delay compensation may be requested for each month of delay. In addition, since the tenant is responsible for the debt limited to the rental fee, a notification can be made to the tenant so that some of the rental payments can be made directly to the site management.
Does the ground floor owner who does not use the elevator have to pay the elevator expense?
Unless there is a contrary provision in the management plan, common expenses are shared in proportion to the land share. The Supreme Court practice is that unused common facility expenses cannot, as a rule, be excluded from sharing; However, special regulations in the management plan are decisive.
The manager is not held accountable. What can be done?
The board of flat owners can demand an account from the manager and dismiss the manager at any time. If the manager abuses his/her duty, the replacement of the manager and compensation may be requested from the Civil Court of Peace.
Can a lawsuit be filed for a neighbor's noise or pet?
KMK m. Article 18 imposes an obligation on flat owners not to disturb each other. For disturbances that exceed the limits, first a warning can be filed, then mediation and a lawsuit can be filed in the Civil Court of Peace.
Are the rules different in collective buildings (sites)?
In mass buildings consisting of more than one block, the provisions of the KMK regarding mass buildings apply; The distribution of authority between block management and site management is determined according to the mass building management plan.
To initiate enforcement proceedings without having the business project approved by the board of flat owners or by determining the fee increase to exceed the revaluation rate.
Missing the one-month revocation period against board decisions.
Making changes to common areas without obtaining four-fifths written consent.
Applying delay compensation above five percent, which is not in the management plan.
Filing a lawsuit directly without resorting to mediation.
Condominium is a legal order where hundreds of people share the same structure and small disputes can quickly escalate. It is for the benefit of both the site managements and the flat owners to rely on the correct documents in the collection of dues, to take the board's decisions in accordance with the procedure and to resist interventions in the common areas in a timely manner.
Küheylan Law Firm provides consultancy to site and apartment managements regarding the legality of business projects and board decisions; It effectively represents flat owners and management in disputes regarding dues collection, cancellation of board decisions and intervention in common areas.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
KÜHEYLAN HUKUK