How to Resolve Condominium Disputes in Turkey — Challenging Assembly Decisions and Common Charges

Condominium disputes cover disagreements over the management of an apartment building or complex, the sharing of common expenses (common charges), or decisions of the condominium owners' assembly; these disputes are resolved under Condominium Law No. 634 (KMK).

Action to Annul a Condominium Assembly Decision

Under Article 33 of the KMK, an owner who attended the assembly meeting and voted against the decision may file an annulment action within one month of the decision date; an owner who did not attend the meeting may file within one month of learning of the decision, but no later than six months from the decision date. These periods are preclusive and are taken into account by the court of its own motion.

The Mandatory Mediation Requirement

Under regulations effective from 1 September 2023, applying to a mediator is a procedural requirement before filing an action to annul a condominium assembly decision; an action filed directly without applying to mediation is dismissed on procedural grounds for lack of this requirement.

Common-Charge Disputes

The obligation of condominium owners to contribute to common expenses (management, maintenance, repairs) in proportion to their share of the land is set out in Article 20 of the KMK; the assembly may set the amount of common charges unanimously or by the majority required by law. The manager may initiate enforcement proceedings and claim default interest against an owner who fails to pay their common charges.

The Obligation to Comply With Assembly Decisions and Stay of Execution

Even where an annulment action has been filed, an assembly decision remains valid and continues to be enforced unless a separate stay-of-execution order is obtained from the court; if the decision is annulled, the return of any amounts unjustly collected under it (such as excess common charges) may be claimed.

Competent Court

Disputes arising from condominium ownership are heard before the civil court of first instance (sulh hukuk mahkemesi) where the main building is located.

Disputes Over the Use of Common Areas

Where the use of common areas (such as the roof, garden, or parking lot) is changed contrary to the management plan, or one owner uses a common area exclusively, the other owners may file an action to prevent interference, seeking to stop that use.

Practical Recommendations

Ensure your objection to an assembly decision is clearly recorded in the meeting minutes, or, if you were unable to attend, document the date you learned of the decision; do not forget to file the mandatory mediation application before filing an annulment action.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.