Practice area
Condominium and Estate Management
Legal advice and representation in disputes between unit owners, estate managements and managers over service charges, common areas and bylaws.
Scope
Shared living in estates and apartment buildings is governed by the Condominium Law No. 634 and by the management plan specific to each building. Service charges, the use of common areas, letting and management decisions can at times give rise to disputes between unit owners. We advise both Turkish and foreign owners of properties, particularly in holiday estates, as well as estate managements themselves.
- Drafting, reviewing and amending management plans
- Ensuring owners’ general meetings are properly held, and challenging resolutions
- Recovery of service charges and shared costs
- Disputes over interference with common areas, unauthorised alterations and deviations from the approved plans
- Advice on short-term letting and use contrary to a unit’s designated purpose
- Advice on the duty of managers and auditors to account for their management
Process
How it generally works
- Reviewing documents
The management plan, meeting resolutions and relevant correspondence are reviewed to establish the scope of the dispute.
- Assessment
The rights and obligations of the owner or the management are explained in general terms, and the available options are compared.
- Seeking settlement
Where appropriate, a resolution is sought through a formal notice, a meeting or negotiation.
- Proceedings or enforcement
If no settlement is reached, proceedings may be brought before the civil court of peace or enforcement action taken; preconditions such as mandatory mediation are considered separately.
- Land register record
- Management plan
- Extracts from the owners’ general meeting minute book
- Statements of service charges and shared costs
- Approved architectural plans
- Correspondence and formal notices exchanged between the parties
Questions
Lawyers working in this area
- Av. Defne Ertürkmen · TR EN DE
- Av. Ece Mavikaya · TR EN DE
Can the management plan be amended later?
The management plan may be amended by the qualified majority of unit owners laid down by law. The amendment must be resolved at a properly convened meeting and notified to the land registry.
What can be done about an owner who does not pay service charges?
The management may commence enforcement proceedings or bring a claim for unpaid service charges and shared costs, and the law also provides for compensation for late payment. The appropriate course depends on the nature of the debt and the provisions of the management plan.
Is short-term letting permitted on an estate?
This depends on the management plan, the use recorded for the unit on the title and current legislation. Before letting, it is advisable to review the management plan and any applicable permit requirements.
This content is for general information only and does not constitute legal advice.
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