This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kat Mülkiyeti ve Apartman Yönetiminde Sık Sorunlar.
The service charge is a statutory obligation of the unit owner: not using the service, or having voted against the decision, is no reason to withhold it (Article 20 of the Condominium Act). Late payment attracts a statutory late payment charge of five per cent a month — a rate fixed by the Act, which the general meeting cannot increase. Unpaid charges can be enforced, and in the grave cases the Act lists, transfer of the unit itself can even be demanded.
The Condominium Act (Law no. 634) governs the use of independent units, the common areas, the rules of management and how disputes are resolved. In practice many owners act without knowing these rules, which is what produces most disputes.
What Happens If Service Charges Are Not Paid?
Unit owners must contribute to the common expenses in proportion to their land share. Where an owner does not, the manager has several routes:
- Enforcement proceedings. Although a service charge claim is not itself a judgment, proceedings can be brought on the basis of the notarised management plan or a resolution of the general meeting. If the debtor objects, an action follows under the general provisions.
- The statutory late payment charge. An owner who does not pay their share of expenses or advances is liable under Article 20 to a late payment charge of five per cent a month. The rate is fixed by the Act and cannot be increased by resolution.
- Recovery by action. The manager may sue on behalf of the unit owners in the civil court of peace. Once the judgment is final, enforcement rests on a much stronger footing.
- Transfer of the unit. In the grave and repeated cases the Act lists, the other owners may bring an action requiring the unit to be transferred to them.
An important point about tenants: the service charge is owed by the owner. Even where the tenancy agreement says the tenant will pay it, the management cannot claim it directly from the tenant — that agreement governs only the relationship between owner and tenant.
How May Common Areas Be Used?
The garden, car park, staircase, lift, roof, basement and corridors are for the common use of all owners. The main rules:
- No alterations without consent. An owner may not make any change, addition or alteration to the common areas without the consent of the others — fencing off part of the garden for private use, or putting shelving in a corridor, both fall foul of this.
- No nuisance to neighbours. Under Article 18 owners must avoid conduct that disturbs the others while using their own units. Noise, smells, leaks and vibration can found claims both for damages and to restrain the conduct.
- Roof and façade. An owner on the top floor or with a terrace cannot alter the façade or the roof on their own decision; approval by the general meeting is required.
- Car parking. Disputes about parking not addressed in the management plan are common. The general meeting may resolve the matter, or the court may decide it.
Electing a Manager and Their Duties
Appointing a manager is compulsory in buildings with eight or more independent units. The manager may be chosen from among the owners or from outside.
How they are elected: by an absolute majority of the general meeting — more than half of all owners both by number and by land share. If that majority is not reached at the first meeting, an absolute majority of those attending the second meeting suffices.
Duties: collecting the common expenses, arranging maintenance and repair, entering into contracts on behalf of the owners and bringing proceedings where necessary. Preparing a budget, accounting for it and keeping the records are also core duties.
Removal: where a manager abuses their position or fails in their duties, the general meeting may remove them by majority. Removal for good cause is always possible; removal without cause may give rise to a claim for compensation.
Where no manager can be found: if the owners cannot elect one, any owner may apply to the civil court of peace, which may appoint a manager. This arises often in small buildings.
| Dispute | Route |
|---|---|
| Unpaid service charges | Enforcement proceedings, or an action in the civil court of peace |
| Annulment of a resolution of the general meeting | Civil court of peace, within one month of the resolution |
| Unauthorised alteration of a common area | An action to restrain and to restore the position |
| Noise, leaks, nuisance | An action to restrain, and damages |
| No manager can be elected | Appointment by the civil court of peace |
| Repeated grave breaches by an owner | An action requiring transfer of the unit |
Mediation is a condition of the action for part of the disputes arising under the Condominium Act; check before bringing proceedings.
The service charge is a statutory obligation of the owner. Neither not using the service nor having opposed the resolution excuses payment. If you consider a resolution unlawful, the route is an action to annul it within one month — not withholding the charge, which only adds the five per cent monthly late payment charge.