As living in apartment buildings and housing complexes has become widespread, various legal problems can arise between flat owners regarding common areas, service charges, management decisions and the use of individual units. The fact that several people hold ownership rights within the same building sometimes brings different interests into conflict.

Condominium disputes (kat mülkiyeti uyuşmazlıkları) cover legal problems arising from the rights and responsibilities of flat owners, tenants, complex management bodies or building managers. In resolving these disputes, not only the incident itself but also the Condominium Law (Kat Mülkiyeti Kanunu, KMK), the management plan (yönetim planı), the decisions of the flat owners’ board (kat malikleri kurulu) and the current state of the property must be assessed together.

Problems Arising from Building and Complex Management

The management of an apartment building or housing complex plays an important role in ensuring that shared living continues in an orderly way. However, the way management performs its duties, the decisions it takes or its practices may sometimes lead to disagreements between flat owners.

Issues such as practices contrary to the management plan, decisions not taken in accordance with the procedure, the use of common areas or management exceeding the limits of its authority may require legal examination.

Service Charge and Common Expense Disputes

One of the most common problems in apartment buildings and housing complexes is contributing to common expenses and the obligation to pay service charges (aidat). Lift maintenance, security, cleaning, maintenance and repair costs and other common area expenses can cause various disputes among flat owners.

The obligation of flat owners to contribute to common expenses is regulated under the Condominium Law. In disagreements over who will bear common expenses and in what proportion, the management plan and the statutory provisions are taken into account.

If service charges are not paid, management may start enforcement proceedings (icra takibi) or make other legal applications; equally, legal routes can be considered against expenses that are demanded unjustly.

Use of Common Areas and Interference

In apartment buildings, stairwells, car parks, gardens, the roof, lifts and other common areas concern all flat owners. Using these areas for purposes other than those intended, or some flat owners acting in a way that restricts the rights of other owners, can lead to disputes.

In situations such as unauthorised interference with common areas, enclosing them, claims of a right of use or one-sided use of common areas, property rights and the shared rights of the flat owners are assessed together.

Objecting to Decisions of the Flat Owners’ Board

Decisions taken by the flat owners’ board play an important part in how an apartment building or housing complex is managed. However, not every decision creates unlimited authority.

Decisions considered to be contrary to the law, the management plan or the rights of flat owners can be examined legally and, if the necessary conditions are met, their annulment can be requested.

The Role of the Management Plan in Condominium Ownership

The management plan is an important document that sets out the principles for managing an apartment building or housing complex and governs relations between flat owners. It may contain binding provisions on how the property is used, the principles of management and certain arrangements for common expenses.

For this reason, in disputes arising from condominium ownership, not only the statutory provisions but also the property’s management plan and existing practices must be taken into account.

Condominium Problems Arising from Neighbour Relations

Condominium relationships are not limited to ownership rights. People living in the same building must respect one another’s rights and act in line with the rules of shared living.

Noise, the manner of use, using an individual unit for purposes other than those intended, or behaviour that adversely affects other owners’ living space may be subject to legal assessment under condominium law.

Legal Review in Condominium Disputes

In disputes arising from condominium ownership, the solution is determined not only on the basis of the parties’ claims but by examining together the land registry records, the management plan, meeting minutes, decisions taken and the actual state of the property.

Especially in disputes in apartment buildings and housing complexes, a correct legal assessment at the initial stage is important for avoiding unnecessary litigation and preventing loss of rights.