Condominium and building management disputes
Service charges, owners’ assembly decisions, common areas and disputes between neighbours.
- Civil cases
Last updated: · Av. Şeref Şahin
Condominium law governs the rights and obligations of unit owners in apartment buildings and residential complexes, the use of common areas and how the building is managed.
In disputes over unpaid service charges, interference with common areas, noise or owners’ assembly decisions, the right path is often a formal written notice first, followed by the civil court of peace.
When legal advice may be needed
- Service charges or shared costs are not being paid, or you have been charged unfairly
- You want to challenge an owners’ assembly decision
- Someone has altered common areas without permission
- A neighbour is causing persistent disturbance
- You believe the building manager is not accounting for funds
- Your building has entered an urban renewal process
Services
- Enforcement proceedings and actions to collect service charges and shared costs
- Annulment of owners’ assembly decisions
- Stopping interference with common areas and restoring them to their original state
- Drafting and amending management plans
- Actions requiring the manager to render accounts, and for the manager’s removal
- Cases arising from neighbour law
- Representing owners and reviewing contracts in urban renewal
- Advice to building and complex management
Common questions in this area
What can be done about an owner who does not pay service charges?
The building manager can start enforcement proceedings or file a case for unpaid service charges and shared costs. The Condominium Law provides for late payment compensation of five percent per month on debts not paid on time.
How can I challenge an owners’ assembly decision?
An owner who did not agree with the decision can file an annulment action in the civil court of peace. The law sets short limitation periods for this, so you need to act as soon as you learn of the decision.
My neighbour enclosed their balcony. Is that legal?
As a rule, changes to common areas or the building’s facade require the consent of the owners. Restoration of unauthorised changes can be requested through the courts.
How are decisions made in urban renewal?
For buildings designated as at risk, decisions are taken under Law No. 6306 by a majority of owners in proportion to their shares. The rights of owners who do not agree are separately regulated in the law.