Condominium and Estate Management Law
The law of a residential estate is written in its management plan — but in practice disputes appear in the same three places: common expenses, common areas, and voting thresholds. The office works on all three, for managements and for individual owners alike.
Work handled in this area
- Enforcement collection of common expenses and monthly dues
- Actions to annul resolutions of the assembly of owners
- Drafting, interpreting and amending the management plan
- Appointment and removal of the manager; duty to account
- Notice of defect and claims against the developer for defective work
- Establishing defective work in common areas and recovering the cost
- Use and occupation of common areas; alterations contrary to the project
- Letting of an independent unit and the tenant's liability for common expenses
- Exclusion of an owner from the building where cohabitation becomes intolerable
- Caretaker, security and service contracts
Thresholds and deadlines
An estate resolution stands or falls on its threshold before anyone argues its content.
| Subject | Threshold | Note | Basis |
|---|---|---|---|
| Amending the management plan | 4/5 | Votes of four fifths of the owners | CL art. 28 |
| Construction, repair or installation in common areas | 4/5 | The same qualified majority applies | CL art. 19 |
| Ordinary assembly meeting | January | First month of the calendar year if the plan is silent | CL art. 29 |
| Second meeting where quorum fails | 15 days | No later than fifteen days after the first | CL art. 30 |
| Annulment of a resolution | 1 month | One month from learning of it, six months from the resolution | CL art. 33 |
| Default compensation on common expenses | 5% | Five per cent per month over the days in default | CL art. 20 |
| Tenant's liability for common expenses | Joint | Jointly with the owner, capped at the rent payable | CL art. 22 |
Tools for this area
Turn the statutory fractions and periods into the figures for your own file. Nothing you enter is sent to us.
Every flat, shop and office in the building.
The denominator in your management plan. Leave 1000 if unknown.
24 independent units, amending the management plan takes 20 owners voting in favour.
- 1/2 + 1
Quorum — first meeting
13 OWNERS 501 LAND SHARE
More than half of the owners, counted both by head and by land share.
CL art. 30 - THOSE PRESENT
Second meeting
NONE
Held within fifteen days if the first fails; a simple majority of those present decides.
CL art. 30/3 - 4/5
Amending the management plan
20 OWNERS
Four fifths of all owners. Absentees stay in the denominator.
CL art. 28 - 4/5
Altering the building or common areas
20 OWNERS
Construction, repair and installation in common areas need the same heavy majority.
CL art. 19 - 4/5
Compelled transfer of a unit
19 OWNERS
Against an owner who has become intolerable; that owner is excluded from the count.
CL art. 25
This tool applies the fractions in the Turkish Condominium Act (no. 634) to the figure you enter; it is not legal advice. Your management plan may set a higher threshold and other provisions may apply to your case.
Most asked in this area
What can be done about an owner who does not pay dues?
Default compensation of five per cent per month may be claimed for the period of delay, and the debt is pursued through enforcement. The manager may start the proceeding without a separate resolution of the assembly.
Is the tenant liable for common expenses?
A tenant occupying an independent unit is jointly and severally liable with the owner for common expenses, but only up to the amount of rent payable.
Can I have an assembly resolution annulled?
An owner who did not attend, voted against, or claims the resolution is unlawful may apply to the civil court of peace within 1 month of learning of it, and in any event within 6 months of the resolution date.
How is the management plan amended?
Amendment requires the votes of four fifths of the owners. Construction, repair and installation work in common areas is subject to the same qualified majority.
When does the assembly of owners meet?
At the time stated in the management plan; if none is stated, within the first month of each calendar year. If quorum fails, the second meeting is held no later than 15 days afterwards.
What if the developer delivered the common areas defective or incomplete?
The defect must be notified without delay after delivery; for hidden defects the period runs from when the defect appears. A court-ordered survey records the incomplete and defective work, after which the cost of remedy — or the remedy itself — is claimed. For immovable structures the limitation period is five years from delivery, or twenty where the developer is grossly at fault.
Do you have a file on this?
Describe it briefly and we will discuss the right route and the deadline position at the first meeting.