Condominium Ownership & Apartment Disputes Guide

With the rapid urbanization in the Çerkezköy and Kapaklı region, multi-story buildings and gated communities have become increasingly common. However, this collective living arrangement brings significant legal challenges — from maintenance fee disputes to common area violations, management plan conflicts to noise complaints, many issues test the boundaries of property and neighbor law in Turkey.

Condominium Ownership Law No. 634: Key Concepts

The fundamental legislation governing apartment and community living in Turkey is the Condominium Ownership Law No. 634 (Kat Mülkiyeti Kanunu). This law defines the rights and obligations of condominium owners, management plans, use of common areas, and dispute resolution mechanisms.

• Condominium Ownership (Kat Mülkiyeti): The right of separate ownership over independent units in a completed building. Registered at the land registry as "condominium ownership."
• Condominium Easement (Kat İrtifakı): A limited property right established over independent units in buildings that are still under construction or not yet completed.
• Land Share (Arsa Payı): The proportional share of the building's land allocated to each independent unit. The land share is directly proportional to the unit's value.
• Common Areas: Shared spaces used by all condominium owners, including stairways, elevators, rooftops, gardens, parking areas, and shelters.

Maintenance Fee Disputes and Legal Remedies

One of the most common issues in residential complexes in Çerkezköy is non-payment of maintenance fees. Under Article 20 of the Condominium Ownership Law, every unit owner is obligated to contribute to common expenses at the rate specified in the management plan or determined by the owners' assembly.

Key steps in enforcement proceedings for maintenance fee debts:

1. 1. Assembly Minutes The owners' assembly resolution and the minutes showing the maintenance fee amount serve as the primary document for enforcement proceedings.
2. 2. Formal Notice Sending a formal notice through a notary public to the debtor unit owner provides evidentiary advantage in subsequent legal proceedings.
3. 3. Enforcement Proceedings Non-judicial enforcement proceedings can be initiated through the Çerkezköy Enforcement Office. No court order is required.
4. 4. Property Seizure If the debt remains unpaid, a lien can be placed on the debtor's unit, which may ultimately be put up for public auction.

Common Area Violations and Prevention of Interference

Another frequent issue in newly built complexes in Çerkezköy is the unauthorized use of common areas by unit owners. Actions such as placing personal belongings in parking areas, occupying garden spaces, or adding unauthorized extensions to terraces violate both property and neighbor law.

Available legal remedies include:

• Prevention of Interference Claim: Filed at the Civil Court of Peace, this action seeks to stop the interfering unit owner and restore the common area to its original condition.
• Owners' Assembly Resolution: A resolution passed by the owners' assembly can authorize the property manager to initiate legal proceedings.
• Municipal Complaint: For unauthorized construction or zoning violations, a complaint can be filed with the Çerkezköy Municipality Zoning Department.

Renovation and Modification Rules

Unit owners have the right to renovate their independent units; however, this right is not unlimited. Under Article 19 of the Condominium Ownership Law:

Management Plan and Manager Election

The management plan serves as the "constitution" of an apartment building or residential complex. It is binding on all unit owners and is annotated on the title deed. Essential provisions that a management plan should include:

• Contribution ratios for common expenses
• Duties, powers, and responsibilities of the property manager
• Meeting and decision-making procedures for the owners' assembly
• Intended use of independent units (residential, commercial, etc.)

The property manager is elected by the owners' assembly. The manager does not need to be a unit owner; an external professional manager can also be appointed. If the owners cannot agree on a manager, any unit owner can apply to the Çerkezköy Civil Court of Peace to request the appointment of a manager.

Noise and Disturbing Activities

One of the most common complaints in apartment living is noise. Under Article 18 of the Condominium Ownership Law, unit owners are obligated not to disturb each other. Legal remedies for noise disputes include:

1. 1 Written Warning: A formal written warning should first be issued through the property manager.
2. 2 Municipal Complaint: A complaint can be filed with the Çerkezköy Municipality Enforcement Office to have an incident report prepared.
3. 3 Legal Action: Against a unit owner causing continuous and unbearable noise, a lawsuit for compulsory transfer of the unit due to intolerability (Article 25 of the Condominium Ownership Law) can be filed at the civil court.