Condominium Ownership Act: Management Plan, Dues Disputes and Manager's Liability

Under KMK m.28, amendment of the management plan requires four-fifths of all unit owners. For collective complexes, m.70 provides a different rule following Law No. 7579: two-thirds of the total independent units represented by members of the complex representatives' board. The calculation is not limited to meeting attendees, and the two statutory denominators must be distinguished. Provisions of a management plan contrary to m.70 do not apply.

The management plan also binds subsequent purchasers; a new owner is deemed to have accepted its rules together with the independent unit acquired.

The obligation to contribute to common expenses is regulated in KMK m.20. If a unit owner fails to pay dues, a statutory mortgage may be registered, where conditions are met, on the unit for the unpaid common-expense debt (KMK m.22).

The manager may initiate enforcement proceedings or bring an action for unpaid dues. Under KMK m.33, the competent court is the Civil Court of Peace (Sulh Hukuk Mahkemesi), and the venue is the court of the place where the main immovable is located.

Assembly decisions, the operating budget, payment records and service documents should be examined. Under KMK m.37 as amended by Law No. 7579, the assembly approves the budget; if none has been approved, the manager promptly prepares an interim budget and an assembly decision must follow within three months. Where an existing budget continues, the statutory revaluation-rate cap for an interim budget also applies. The statutory late-payment compensation on expenses and advances is five per cent monthly (m.20/2); its commencement requires assessment of when payment fell due and notification or knowledge.

In disputes arising from the Condominium Ownership Act, under Article 18/B of Law No. 6325 (added by Law No. 7445) an application to a mediator before filing suit is a procedural precondition; this requirement has applied since 1 September 2023. Commencing enforcement proceedings without judgment directly for a dues receivable is not an action and is therefore not subject to this requirement.

The manager is liable in the same manner as an agent (KMK m.38). If he fails to perform his duties properly or acts contrary to the management plan or to assembly decisions, he is liable for the damage suffered by the unit owners.

The manager is appointed each year by the assembly (majority by number and land share) and may be replaced by the same majority; if the owners cannot agree, the manager is appointed by the Civil Court of Peace. A manager appointed by the court may not be replaced by the assembly within six months of his appointment; for just cause, the appointing court may permit the change (KMK m.34).

Real-estate disputes should be reviewed first on the basis of the land registry, encumbrance records, municipal and zoning status, actual use, and the payment records between the parties. In particular, in matters concerning deed cancellation, eviction, partition and condominium ownership a single document is rarely sufficient; official records must be assessed together with the factual situation.

Before commencing an action or transaction it is essential to identify time limits and the competent authority correctly. The court of the place where the immovable is located, the form requirements before notaries, land-registry procedures, dates of notices and service records can directly affect the course of the dispute.

When preparing evidence, the deed, official deed, lease, bank receipts, formal notices, building permits, management plans and other technical documents that may be subject to expert review should be filed separately. Such preparation enables a clearer legal framework both when filing an action and in settlement discussions.