Condominium Law in Apartment and Community Living: Essential Principles You Should Know

The Condominium Law No. 634 (Kat Mülkiyeti Kanunu - KMK) is the main legal framework for apartment and residential complex management. To ensure a peaceful living environment for both property owners and tenants, we have summarized the key provisions of the law below.

1. Responsibilities of Property Owners and Tenants

According to Article 18 of the Condominium Law, property owners and occupants (tenants) are obliged to:

• Avoid disturbing one another,

• Respect each other's rights,

• Comply with the provisions of the management plan.

2. Common Areas and Usage Rights

The main structure's foundations, load-bearing walls, staircases, elevators, roofs, chimneys, and shared gardens are considered common areas.

• All property owners have the right to benefit from common areas in proportion to their land share (arsa payı).

• Personal belongings cannot be stored in common areas, nor can these areas be modified unilaterally.

3. Maintenance Fees (Dues) and Shared Expenses (Article 20)

Unless otherwise stipulated in the management plan, each property owner is obligated to contribute:

• Equally: To the expenses of building staff (doorman, heating technician, gardener, security/janitor).

• Proportionally (based on land share): To insurance premiums, as well as maintenance, repair, reinforcement, and general management expenses of all common areas.

Important Note: A property owner or tenant who fails to pay dues on time is subject to a 5% monthly late penalty for the delayed payment period, and legal execution proceedings (icra takibi) may be initiated.

4. Board of Owners and Management

• Ordinary General Meeting: Held at the intervals specified in the management plan (typically once a year).

• Decision-Making Majority: Decisions are taken by a majority vote of those attending the meeting, unless specified otherwise by law. However, major renovations or amendments to the management plan require qualified majorities (e.g., a 3/5 majority or unanimity).

• Management Plan: Functions as the "constitution" of the property and is legally binding for all owners and residents.

Frequently Asked Questions

• Can an owner or tenant make any desired renovation inside their unit?

  Renovations inside an independent unit that do not harm the main building structure are permitted. However, any intervention in load-bearing elements (such as columns or beams) or modifications altering the exterior facade are strictly prohibited.

• Is the tenant responsible for dues and common expenses?

  Yes, tenants are responsible for regular monthly operational dues during their tenancy. However, capital expenses, major repairs, and property value additions (e.g., elevator replacements or roof overhauls) belong strictly to the property owner.