Condominium Ownership Law in Turkey (Law No. 634) – Key Principles

Have you ever wondered what the rules and regulations are in relation to the management of your building and common areas?

Then you should take a closer look to the Condominium Ownership Law (Law No. 634), or the \"Kat Mülkeyeti Kanunu\" which it is called in Turkish.

This law is the primary legal framework governing the rights, responsibilities, and shared living rules for property owners in apartment buildings, residential complexes, and other multi-unit properties in Turkey.
This law regulates the ownership of independent units (such as apartments, offices, or shops), the use of common areas, and the management of shared expenses.

Key Principles of the Law

Ownership of Independent Units

Condominium ownership is established for each independent unit (e.g., apartment, shop) within a building, linked to a share of the land (land share).
The land share for each unit is determined based on its value at the time of establishment and cannot be changed later, even if the unit’s value increases or decreases.

Common Areas

Common areas (such as roofs, elevators, gardens, and hallways) are jointly owned by all unit owners.
Any changes or improvements to common areas require a decision by the majority of unit owners, typically at a general assembly meeting.

Shared Expenses

Unit owners are obligated to contribute to shared expenses such as maintenance, repairs, and management fees.
Management plans and budgets are approved by the general assembly of unit owners, and fees are set accordingly.

Management and Decision-Making

The general assembly of unit owners is responsible for approving the annual budget, management plan, and any major decisions (e.g., renovations, changes to common areas).
Decisions are usually made by a majority vote, with some issues requiring a higher threshold (e.g., 4/5 majority for changes to the management plan).

Aidat (Maintenance Fees)

Maintenance fees are determined based on the annual budget and are mandatory for all unit owners.
There is no fixed legal limit for fee increases; instead, fees are set according to the approved budget and management plan. Inflation or revaluation rates (such as the Producer Price Index) are not automatically applied but may be considered by the general assembly.

Recent Updates and Practical Implications

• No Automatic Fee Increases: Maintenance fees are not tied to inflation or revaluation rates by law. Instead, they are set by the general assembly based on the building’s budget and needs.
• Legal Responsibilities: Unit owners are legally required to pay their share of expenses. Failure to do so can result in legal action, including liens on the property.
• Dispute Resolution: Disputes between unit owners (e.g., over common area usage or unpaid fees) are typically resolved in court, with decisions based on the Condominium Ownership Law and relevant case law.

Why This Matters for Foreign Property Owners in Turkey

• Clarity on Rights and Obligations: The law ensures that foreign owners understand their rights to use their property and common areas, as well as their financial obligations.
• Protection of Investment: Proper management and adherence to the law help maintain property values and avoid legal disputes.

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