Property Management Law in Türkiye

Apartment and residential complex (site) living sets specific statutory boundaries for shared spaces, communal assets, and co-ownership relationships. Under the Turkish Condominium Law (Kat Mülkiyeti Kanunu), the rights and obligations governing a building apply not only to registered property owners but also to tenants, residents, and building managers.

Disputes within these residential communities frequently escalate beyond mere neighborly friction into complex legal battles. At Kotan & Gökce Law Firm, we provide targeted legal solutions for foreign property owners, expatriates, and international residents facing issues ranging from structural violations of building management plans to outstanding maintenance fee claims, unlawful usage of shared areas, and contested management elections.

Our Scope of Services for International Residents and Owners:

  • Resolution of Co-Owner Disputes: Arbitrating and litigating legal conflicts arising between building residents and unit owners.

  • Maintenance Fee (Aidat) & Common Expense Claims: Initiating or defending against lawsuits and enforcement actions regarding unpaid community fees and shared building repair costs.

  • Enforcement of Management Plans: Filing lawsuits to halt actions that directly breach the property’s officially registered Management Plan (Yönetim Planı).

  • Protection of Shared Spaces: Resolving conflicts where neighbors or management encroach upon, modify, or restrict access to common areas (such as gardens, parking zones, pools, or rooftops).

  • Challenging Building Board Decisions: Litigating the cancellation, replacement, or financial auditing of building or complex management boards.

  • Misuse of Independent Units: Taking swift legal action against units used for unauthorized purposes, such as unlicensed commercial activity, industrial storage, or unpermitted short-term holiday rentals.

Why Kotan & Gökce?

Comprehensive Condominium Law Compliance:

We offer highly technical legal guidance on the establishment of condominium titles, calculations of shared expenses, and the structural review of local building management plans.

Fluent Bilingual Court Representation:

Navigating local Turkish Civil Courts of Peace (Sulh Hukuk Mahkemesi) can be incredibly stressful due to language barriers and localized administrative procedures. We manage your entire litigation or mandatory mediation process, giving you clear English updates.

Strategic Common-Living Dispute Resolution:

We specialize in unblocking administrative stalemates within large residential complexes, ensuring that your property rights, peace of mind, and financial investments are securely protected from rogue boards or disruptive neighbors.

Critical Real Estate Realities in Turkiye

Accumulating unpaid building maintenance fees (Aidat) or shared repair costs.

If a property owner defaults on their monthly dues or shared infrastructure fees, the building management has the immediate right to launch a swift asset-freezing enforcement action (icra takibi). Under Turkish law, outstanding dues also accumulate a harsh statutory interest rate of 5% per month. If you believe your fees were calculated illegally, a formal court objection must be lodged promptly.

 

A neighboring unit being utilized out of scope, such as a warehouse or a high-turnover daily rental.

If an independent residential unit is converted into an unpermitted business office, a storage depot, or used for illegal short-term commercial hospitality without the unanimous consent of all co-owners, it constitutes a clear violation of the law. Co-owners can file an injunction to legally terminate this unauthorized usage through the courts.

 

Procedural irregularities during management elections or the abuse of managerial authority.

If a building manager or board is elected without achieving the mandatory statutory majorities, or if they mismanage building funds, any affected property owner can petition the Civil Court of Peace to formally annul the board’s decisions and request the court to appoint an independent, external trustee administrator.

Enduring systematic neighbor nuisances, such as excessive noise, vibrations, odors, or smoke.

Chronic disturbances that compromise the habitability of your home violate the core principles of Turkish Neighborhood Law (Komşuluk Hukuku). When diplomatic communication fails, we launch targeted lawsuits to compel the court to issue a cease-and-desist order against the offending resident.

 

Legal disputes within an apartment complex or a residential community are resolved much faster and more efficiently with experienced counsel. To safeguard your property rights, challenge an unfair building board decision, or handle a common expense dispute in Türkiye, contact our property management law team to schedule a consultation.

Your legal partner in Izmir-Turkiye

Please contact us for consultation. You can reach us via WhatsApp, phone or e-mail.

info@kotangokce.com Mon – Fri 09:00-18:00

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