Owning an apartment in Turkey means owning more than four walls. Every unit owner simultaneously holds a share in the building’s common areas — from the entrance hall to the roof — and this shared ownership creates rights, obligations, and frequent disputes regulated by Condominium Law No. 634.
What Is Condominium Ownership?
Condominium ownership (kat mülkiyeti) is the regime in which individual units — apartments, offices, storage spaces — are registered as separate titles in the land registry while the building’s common areas are held in mandatory co-ownership by all unit owners. The co-ownership share cannot be transferred independently of the unit; when a unit is sold, the share follows automatically.
What Are Common Areas?
The general rule: anything that serves all owners or belongs to the structure as a whole is a common area unless the management plan specifies otherwise. This includes:
- Entrance halls, corridors, and staircases
- Elevator and mechanical systems
- Roof and external façade
- Garden and outdoor spaces
- Basement, shelter, and structural infrastructure
- Shared heating, water, and electrical systems
A unit of the building may be allocated to a specific owner’s exclusive use by the management plan — but this does not convert it from a common area into private property; it only restricts who can use it.
How Are Decisions Made?
Decisions about common areas are made by the condominium owners’ meeting (kat malikleri kurulu). Different matters require different voting thresholds:
- Routine maintenance and repairs: typically within the manager’s authority
- Significant alterations or improvements: simple majority of the meeting
- Structural changes affecting the entire building: may require unanimity
Decisions made without the required majority, or decisions that contradict the management plan or the law, can be challenged in court within statutory time limits.
Common Disputes
- Occupation of common areas: placing storage, furniture, or structures in shared spaces
- Unauthorised alterations: construction or modifications in common areas without meeting approval
- Service charge disputes: refusal to pay shared costs, or disagreements over allocation
- Noise and nuisance: misuse of common spaces including stairs, garden, and car park
- Elevator and heating: ground-floor owners contesting liability for elevator or central heating costs
When Does It Go to Court?
Not every dispute requires litigation. However, where informal resolution and owners’ meeting decisions have failed, the civil court of first instance (sulh hukuk mahkemesi) at the property’s location has jurisdiction. Typical claims include eviction from occupied common areas, reversal of unauthorised alterations, and enforcement of unpaid service charges through enforcement proceedings.
Frequently Asked Questions
An owner has set up a storage area in the shared corridor. What can I do? Call an owners’ meeting to address the issue and pass a resolution demanding removal. If the occupation continues, apply to the civil court for an order restoring the common area. The court can order removal and award damages.
I live on the ground floor and never use the elevator. Do I still have to pay elevator costs? Generally yes, unless the management plan provides otherwise. Turkish courts have consistently held that all owners share in common area expenses by default. Seek specific advice if your management plan contains relevant provisions.
I disagree with a meeting resolution. Can I challenge it? Yes. Unit owners who voted against the resolution may challenge it before the civil court within the statutory period. Different deadlines apply depending on whether you attended the meeting.
The manager is not accounting for service charge income. What can I do? The owners’ meeting may request a full account from the manager at any time. If the manager refuses or irregularities are found, the court may be asked to order disclosure or remove the manager.