LAW NUMBER : 634
DATE APPROVED: 23.06.1965
DATE ISSUED ON THE OFFICIAL PAPER: 2.7.1965
RULE ENACTED : VOLUME 5 PAGE 2932
According to the terms of this law, condominium ownership rights can be established for specific parts of a property—such as a flat, apartment, office, shop, or store—that are either already in use or intended to be used in the future by the property owner or their associated owners.
Additionally, under Article 1 of the law, Private Immovable Property Easement Rights can be obtained by the property owner or shareholders of the land, in accordance with this law. These rights apply to any building or part of an immovable property that is either under construction or planned for future construction. Once the construction is completed, these easement rights will be converted into Condominium Ownership.
a) Definitions Related to Condominium Ownership
b) Mutual Zones and Usage Rights
c) Immovable Property Easement (Amended act dated 13.04.1983 – 2814 / Article 1)
d) Land Share
Land share refers to the allocation of collective ownership shares concerning the mutual land, as stipulated by the relevant law.
e) Contract (Agreement)
A formal “title deed” that establishes ownership or easement rights over immovable property.
Immovable Property Ownership
Immovable property ownership is a form of private ownership that includes the immovable property itself, the land share, and the mutual zones of the main landed estate.
(Amendment dated 28.11.2007 – 5711 / Article 1)
Condominium ownership and immovable easement are established based on collective ownership principles. This involves clearly specifying the building plot share, which is proportionally allocated according to the location and size of each independent part of the main real estate.
If the building plot shares are not proportionally allocated according to the independent parts, any condominium owner or immovable easement holder has the right to apply to the court for a reassessment of building plot shares. Once allocated, these shares cannot be changed due to future increases or decreases in the value of the independent parts. The provisions of Article 44 remain applicable.
Immovable Property Easement
Immovable property easement is a type of easement that is tied to the land share. In accordance with the conditions set forth in this law, it can be converted to condominium ownership upon the request of the landowner or collective owners holding the immovable property easement. This conversion can be initiated at the land registry office after obtaining the occupancy certificate.
Mutual Zones
Mutual zones can be explicitly defined through a contract or agreement. However, the following areas and elements are always considered mutual zones, regardless of any specific agreement.
(Amendment dated 28.11.2007 – 5711 / Article 2)
Structural and Common Areas:
Utility and Maintenance Systems:
Exterior and Safety Areas:
Transfer and Inheritance of Land Share
When the ownership of a property estate is transferred or inherited, the associated land share is automatically passed along with it. Unlike condominium ownership and immovable easement, a land share cannot be transferred independently, inherited separately, or registered with any other right. Land share transfer without the transfer of condominium ownership or immovable easement is not permitted.
A land share can never be separated from the main landed estate unless it is attached to condominium ownership or an established immovable easement. Similarly, no part of the main landed estate can have a land share detached from condominium ownership or an established immovable easement.
All rights registered on condominiums are binding on the land share as well. No easement unrelated to these rights can be established on land subject to immovable easement.
Before the establishment of a condominium, any immovable property rights previously recorded or annotated in the official register are automatically carried over, proportionally to the land share.
Additional Parts and Their Ownership
Additional parts, such as coal or water depots, garages, electricity, gas or water meter cages, and toilets, are not considered independent parts. However, they are regarded as complementary elements to the independent parts they belong to. Therefore, the owner of the specific independent part is considered the sole owner of these additional parts.
These additional parts are registered in the declaration section of the official immovable property register. They are shown separately in the Cadastre Plan or the title deed (Tapu) map, excluding the grounds of the main building.
Regarding independent parts, no easement can be established that contradicts the rights of the apartment owners or condominium owners.
If the independent parts are rented, transferred, or registered to someone else, the additional parts, as well as the mutual zones, will automatically be transferred, registered, or rented to the new owner or tenant.
It is not possible to demand the cancellation of shareholder status regarding the landed estate that is subject to condominium ownership or immovable easement. However, it is possible to cancel ownership of independent parts, as these parts, similar to an independent landed estate, can be subject to a lawsuit.
(Amendment dated 13.4.1983 – Clause 1-2814 / Article 3)
If one of the independent parts of a land share with established condominium ownership or a land share with established immovable property easement is sold, the other apartment owners or immovable property easement holders do not have the right of first refusal to purchase it.
However, if one of the shareholders of the independent part sells their share to another shareholder, the other shareholders have the right of first refusal to buy it. A contrary provision may be included to allow for a different arrangement in such cases.
Any conflicts related to condominium ownership will be resolved according to the Civil Code or other relevant laws, in cases where there is no specific provision in the contract among shareholders or in the administration plan.
Condominium Ownership and Immovable Property Easement Rights
Both condominium ownership and immovable property easement rights are acquired once the property is registered in the land register, which is the official register of real property.
Condominium ownership cannot be established for a specific part or several parts of a property unless the ownership of the entire main landed estate is transferred to condominium ownership.
(Amendment dated 28.11.2007 – 5711 / Article 3)
Adjacent independent parts on the same floor or across multiple floors, or parts such as hotels, businesses, or commercial spaces that form a complete unit for economic or functional purposes, can be registered as a single independent part in the condominium registry. To do so, the appropriate modification document and occupancy certificate must be submitted to the Title Deeds Registry Office.
If this is not done, registration must be carried out through a court decree, which is a judgment made by the court. The details of this court decree are outlined as follows:
In any lawsuit involving the abolition of shareholding in a landed estate subject to immovable property ownership, the court cannot decide to divide the ownership of the estate among shareholders according to the terms in Article 12. This decision may only be sought in cases where a co-heir or shareholder requests a division of shares, with the independent parts of the estate being allocated separately according to specific immovable property ownership terms.
Independent parts that are designated for common use or whose income is used to cover shared expenses are registered in the condominium ownership records. The relevant part of the registration will indicate the “numbers of independent parts” that benefit from these shared resources. This information will also be reflected in the section of the statements of independent divisions.
(Amendment dated 28.11.2007 – 5711 / Article 4)
Condominium ownership and property easement are registered in the condominium ownership register, which is maintained according to the Title Deeds Registry status. Unless specified otherwise in this law, the general provisions regarding registration also apply to the registration transactions related to condominium ownership.
For properties where the land registry has not been completed, condominium ownership and property easement are recorded in the Condominium Ownership Minute Book, which is kept separately in accordance with the format specified in the Title Deeds Status.
(Amendment dated 28.11.2007 – 5711 / Article 5)
To establish condominium ownership and convert main real estate to condominium ownership, the owner or all stakeholders of the property must submit the following documents to the Title Deeds Registry Office:
a) Layout Plan and Architectural Documents:
b) Management Plan:
c) Notarized List of Independent Divisions:
(Amendment dated 13.4.1983 – 2814 / Article 5)
The title deed officer, after ensuring that all submitted documents comply with the regulations and that the petitioners or claimants are authorized, prepares the official contract for the establishment of immovable property easement or condominium ownership.
(Amendment dated 28.11.2007 – 5711 / Article 6)
The statement “Property of this real estate has been converted to condominium ownership” must be written in the ownership section of the condominium ownership log page where the construction servitude is registered, if the servitude status has changed to condominium ownership. Alternatively, it should be written in the title deed registry log page where the main real estate is registered, if condominium ownership is directly established during the agreement process. This ensures the page is closed to transactions other than servitude rights, which are to be established against and in favor of the main real estate.
Each independent division subject to condominium ownership is registered on a distinct page of the condominium ownership log. This page will include the building plot share, plate, block, parcel, book, and page number for that division. Additionally, the connection between logs is made by referencing the book and page numbers from the condominium ownership log of independent divisions to the general log page where the main real estate is registered.
Any rights currently recorded in the page of the main real estate, excluding servitude rights, will be transferred to the page of the independent divisions in the condominium ownership log. After the main real estate’s ownership is converted to condominium ownership, any servitude rights established against and in favor of the main real estate will also be registered in the page for the main real estate in the title deeds registry log, and condominium ownership will be indicated in the statements section of the condominium ownership log.
(Amendment dated 13.4.1983 – 2814 / Article 5)
Upon request, the immovable property owner can be provided with an approved copy of the project related to the independent part belonging to them, as outlined in Article 12, Clause (a) of the law. The property owner may also request a partitioned ownership document.
(Amendment dated 28.11.2007 – 5711 / Article 7)
The building plot owner or stakeholders who wish to establish immovable easement on a building plot where no building has been constructed or where construction is incomplete must submit a request along with the following documents:
In cases of transitioning to condominium ownership, a separately prepared management plan is not required.
To establish immovable easement on a land, it must be indicated in the declaration column of the land’s register. For this registration to occur, the land share to be allocated to the related independent part should also be stated in the contract or petition. After the construction is completed, the numbers assigned to the independent parts, along with the additional parts attached to those independent parts (if they are subject to apartment ownership), are shown in the declaration column of the land register.
When one of the immovable easement right owners requests the transition from immovable easement to condominium ownership after the construction is completed, the registration will be carried out based on the official contract concerning the immovable easement, as well as the documents listed in Article 12 of the law. The previously submitted plan must also be approved by the municipality and comply with the law regarding the independent parts of the main real estate.
(Amendment dated 28.11.2007 – 5711 / Article 7)
For the main real estate with immovable easement, whose structures have been completed, the transition to condominium ownership must be completed within one year from the issuance of the occupancy certificate (Iskan).
Any property easement right owner who fails to complete or sign the necessary documents, as outlined in Article 12, to establish condominium ownership—despite receiving a written notification from another property easement right owner or the manager—will be subject to an administrative fine of 1000 Turkish Liras. This fine will be imposed by the municipality (if the main real estate is within the municipality’s boundaries) or the relevant public authority, for each independent division that belongs to the owner.
Section 3: The Rights of the Apartment Owners & The Rights of the Immovable Easement Owners
Apartment owners have full rights and authority over their independent parts of the property. All of their ownership rights are also protected under the Turkish Civil Code.
Apartment owners, based on mutual ownership terms, have the right to access and use the mutual parts of the main landed estate, in proportion to their ownership share of the land. Their right to use these mutual parts is determined according to the ratio of the land share they hold. This ratio remains valid unless specified otherwise in their contract.
Immovable easement owners have the right to file a lawsuit and demand payments for the construction to be completed on the shared land, within the specified timeframes and completion dates outlined in the contract.
(Amendment of date 13.04.1983-2814, Article 7)
An immovable easement owner can appoint one or more administrators to manage the construction. The appointed administrator can be one of the immovable easement owners or someone else who does not own an immovable easement related to the construction in question. The duties, authority, and responsibilities of the immovable property owner’s administrator also apply to the appointed administrator.
(Attached annex of date: 13.4.1983-2814, Article 7)
For landed estates where immovable easement rights have been established, if the construction is completed and two-thirds of the independent parts are in use, the terms of condominium ownership apply even if condominium ownership has not yet been formally established.
Apartment owners are collectively responsible for the proper use of their independent, additional, and shared parts, ensuring they meet the required standards. They must also be careful not to disturb one another or violate each other’s rights. Additionally, they are legally obligated to follow the terms of the management plan.
The rules concerning the debts of apartment owners also apply to those who live in the independent parts, those who have the right to reside there, or those who use these parts on a regular basis. As a result, individuals who fail to pay their debts are jointly and severally liable for the solidary obligation. Article 20 outlines the terms related to both expenses and insurance premiums.
Apartment owners are jointly and severally liable for preserving the strength, beauty, and architectural design of the main landed estate.
One apartment owner, without written consent from four-fifths of all apartment owners, cannot undertake construction, repair, or modifications, such as exterior painting or any changes to the common areas of the main real estate. However, if a court determines that a defect in the common areas or facilities could damage the main structure or any independent division, requiring immediate repair or strengthening, the consent of the apartment owners is not needed to carry out the necessary repairs or strengthening work in line with the project and technical specifications.
Apartment owners cannot carry out repairs, installations, or modifications in their own independent divisions if these works could harm the main structure. In areas where independent divisions are connected (such as through ceilings, floors, or walls), repairs, installations, or modifications that won’t damage the main structure can be done with the collective consent of the owners of the connected divisions.
Each apartment owner is liable to the other owners for any harm caused to the main landed estate or its other independent parts.
Each apartment owner, unless stated otherwise in the contract signed between all parties, is equally responsible for paying costs related to cleaning, security, gardening, and other shared services:
a) Obligations: Each owner is obligated to contribute, in accordance with their land share ratio, to insurance premiums, maintenance, preservation, upgrades, repair costs of the shared parts, as well as the manager’s salary.
b) No Exemption: Apartment owners cannot be exempted from these costs, even if they choose not to use the shared zones or facilities, or if they claim that they do not require these services. They are still required to pay for the expenses mentioned above.
If an apartment owner refuses to pay their share of the expenses, the manager of the building or any other apartment owner can file a lawsuit against them. The matter can even be brought to the Law Enforcement Office.
If an apartment owner refuses to pay the entire debt, they will be charged a mandatory interest rate of 5% per month on the overdue amount.
If the costs mentioned in clause 1 of Article 20 arise due to the negligence of an apartment owner or the people using their independent part, the party who has paid those expenses has the right of recourse. This means they can demand reimbursement from the responsible apartment owner after being compelled to pay the debt.
The conditions under which the main landed estate will be insured at a value determined by the management board can be negotiated by the board. When the main landed estate is insured, apartment owners are required to contribute to the insurance fees based on the land share they possess.
In the event that the entire main landed estate is damaged, the insurance compensation received will be allocated to the apartment owners in proportion to their land share.
If the damage is limited to specific independent parts, additional parts, or shared areas, the insurance compensation will be reserved for the repair of the damaged parts, and it will be distributed according to the land share proportions.
Apartment owners also have the option to insure their individual independent parts under their own name and account. In the case of damage that cannot be covered by the main landed estate’s insurance, the insurance compensation for the independent part will be paid directly to the apartment owner.
The apartment owner who insures their own part separately maintains all rights to the insurance compensation related to their share in the main landed estate.
Mandatory legal terms regarding insurance remain applicable.
Article 10 (Amendment date: 13.4.1983-2814)
Users of the apartment, whether they hold residence rights, rent the apartment, or use it by other means, have a mutual and solidary obligation to pay the expenses related to their share, in accordance with Article 20 of the law. They are also jointly liable for advance payments and the monetary interest resulting from delayed payments.
However, the tenant’s liability is limited to the rent that they are obligated to pay. Therefore, any additional payment made by the tenant will be deducted from the rent owed. If the immovable property owner’s debt is not cleared through this method, legal proceedings concerning the mortgage rights will be initiated upon the written request of another apartment owner.
(Amendment date: 28.11.2007-5711/Article 9)
In the absence of a manager, this written request for charging the overdue debt should be submitted to the court. The provisions of the last sub-paragraph of Article 893 of the Turkish Civil Code No. 4721 apply in such cases.
(Amendment date: 13.4.1983-2814/Article 10)
The amount owed by an apartment owner who fails to pay their share of expenses, or by other individuals who are responsible for paying debts, takes priority over other debts.
Repairs and Entry Permissions for Independent Parts of the Property
For any necessary repairs or reconstruction work on the independent parts of an apartment, as well as for technical examinations required to ensure the building’s safety, the tenant is obligated not only to grant permission for entry to the property but also to bear the consequences of the repairs until their completion.
This compulsory permission applies specifically to situations where repairs need to be conducted within the independent parts of the property.
In the event that part of the main landed estate is damaged and requires repair, if any undamaged internal or external areas of mutual or independent parts need to be accessed, the tenants, owners, or any other residents of the property are legally required to grant permission for entry.
Furthermore, the owners of the independent estate who have granted permission for entry on their property must promptly cover the costs of the loss incurred by the owners of the repaired apartment, tenants, or other individuals benefiting from the estate. The term “loss” here refers to the repair costs arising from the necessary reconstruction.
Prohibition of Certain Institutions and Commercial Activities Within Independent Parts of the Property
No institution, such as a hospital, outpatient clinic providing free or low-cost treatment, clinic, pharmacy, or laboratory, may be established within the independent parts of the main landed estate, even if the independent part is registered as a residence or office in the land registry. Any contract signed by the immovable property owner in violation of this provision is considered void. However, doctor’s offices that do not function as a polyclinic are exempt from this prohibition.
Within an independent part of the main landed estate that is registered as a residence, the following types of commercial establishments may only be opened if approved by a unanimous vote of the management board. This unanimous decision must be recorded in all pages of the Condominium Ownership Register Book:
Transfer of Ownership Due to Violation of Rights by Apartment Owners
If an apartment owner persistently violates the rights of other owners by failing to pay their debts or comply with the terms of the condominium rules, the other owners have the right to request from the judge the transfer of that particular owner’s ownership rights to the independent part that they own.
Action for Transfer of Ownership Rights
The other apartment owners may file a lawsuit against the non-compliant owner, requesting that the value of the independent division be paid to them at the earliest possible date, and the ownership rights be transferred proportionally to the other owners based on their land shares. This transfer can only happen if the other apartment owners agree to the action by a majority vote, both in terms of the number of owners and the proportion of their building plot shares, unless otherwise specified.
If the majority vote is not reached, the remaining apartment owners can file the lawsuit themselves. Before a decision is made, the judge will grant the claimants a set period of time (three months) to deposit the transfer value into a bank account with a time deposit, to be paid to the current owner in the future. Once the payment receipt is submitted, and if the lawsuit is accepted, the judge will order the transfer of ownership of the independent division from the non-compliant owner to the claimant owners in proportion to their land shares. The payment value and its accrued interest will be paid to the original owner.
Situations Constituting Unbearable Violation of Rights
The following situations are considered severe violations of the other owners’ rights:
Time Limit for Filing Lawsuit
The right to file a lawsuit in this case must be exercised within six months from the date the decision is made by the apartment owners to file the lawsuit for the transfer of ownership, and within five years from the time when the right to file the lawsuit arises or when the reason for the lawsuit has ceased. If this time frame is not respected, the lawsuit will be dismissed.
Management of the Main Landed Estate
The owners of the immovable property easement, with respect to the shared land, have mutual obligations to ensure the payment of debts arising from the construction. They are also required to cooperate in facilitating the construction processes, adhering to the principles set out by the relevant authorities.
Obligation to Pay Debts and Transfer of Ownership
If one of the immovable property easement owners fails to pay their debts within two months, despite receiving a notification from a notary public, the other stakeholders have the right to request the court to transfer the defaulting owner’s building plot share and property easement to the remaining stakeholders. This transfer will occur in proportion to their respective building plot shares.
Consequences of Construction Delays
In cases where the construction is not completed within the legally established deadlines due to the negligence of an apartment owner, an abatement process will be triggered. The negligent party will be held liable for the loss they have caused to the other parties, and they will be required to indemnify the other owners accordingly.
The main landed estate is managed by the board of apartment owners. The management plan is decided by the members of the board, with the statutory terms of the law being reserved.
The management plan governs the practices of administration, including the purpose and the methods of use, the salary paid to the property manager and the auditor, and other issues related to the administration of the main landed estate. The management plan constitutes a contract that is binding for all apartment owners.
In cases where the management plan does not specify a term, disagreements related to the administration of the main landed estate will be settled according to this law and its general terms.
To amend the management plan, a vote of four out of five apartment owners is required. All rights of apartment owners to apply to the court are reserved, as per Article 33 of the law. Any amendments made to the management plan are recorded in the declaration column of the Condominium Official Register Book and are considered part of the management plan, along with the apartment owners’ association establishment documents.
The apartment owners are required to gather for an annual meeting at least once a year. If the meeting date is not specified in the administration plan, the meeting should take place in the first month of the year.
For multiple buildings, the committees are required to meet at least once every two years or, if no date is specified in the management plan, in the first month of the second calendar year.
The apartment owners can also call a meeting whenever they feel it is urgent. Each member of the association must be notified about the date of the urgent meeting at least 15 days in advance. This notification should include the reason for the meeting and must be signed by all apartment owners. If an owner resides elsewhere, they must be sent a written acknowledgment by mail.
The notification must clearly state the venue and date of the meeting. If there is no majority of owners present at the first meeting, the second meeting must take place at least seven days later.
The apartment owners can only attend a meeting with a qualified majority (quorum), meaning more than half of the total number of apartment owners must be present. All decisions are made by a majority vote.
If the first meeting cannot be held due to insufficient quorum, the second meeting will take place within a maximum of 15 days. In this second meeting, the quorum is determined by the absolute majority of the participants.
Additional terms concerning quorum rights are governed by the law.
Each apartment owner, regardless of their land share, has one vote. If an apartment owner possesses more than one independent apartment, they are entitled to one vote for each independent apartment. However, the total number of votes that an individual apartment owner can have cannot exceed one-third of the total number of votes, and fractional numbers are not considered when calculating the votes.
If there are multiple owners of an independent apartment, only one of them can be chosen as the representative for the others.
Apartment owners also have the option to vote through a proxy, who is nominated to represent them at the board meeting. However, one person cannot be assigned as a representative to vote with more than 5% of the total number of votes. In cases where the immovable property consists of 40 or fewer independent apartments, one person can represent a maximum of two apartment owners.
The main landed estate is managed in accordance with the decisions made by the association of apartment owners, the contract they sign, the management plan, and the applicable legal terms. All parties involved, including managers, auditors, apartment owners, and individuals with a partial or total successive claim, are legally obligated to comply with the decisions made by the management board.
Disagreements between these parties related to the use and management of the estate are to be resolved by the management board. The decisions made by the management board are recorded in a book, with each page certified by a notary public. The decisions are signed by the apartment owners who attended the meeting. Owners who voted against any decision must provide the reasons for their objections and sign them.
Any future disagreements concerning these issues will be resolved in accordance with the decisions already recorded in the decisions book.
The apartment owners who have suffered pecuniary damage due to another apartment owner’s failure to pay their total debt have the right to apply to the Court of Peace within the jurisdiction of the main landed estate.
Each apartment owner who attended the board meeting but voted dissentingly, as outlined in Article 32, has the right to file a nullity suit against the management board’s resolutions within one month from the date of adjudication. Similarly, any apartment owner who did not attend the meeting has the right to file a nullity suit within one month from the date they learn of the board resolution, but no later than six months from the date of adjudication. If the management board’s resolutions are deemed invalid due to absolute nullity, there is no time restriction for filing a lawsuit.
Apartment owners or individuals who suffer due to another owner or anyone benefiting from their property (e.g., through lease agreements, rights of occupation, or other reasons) not fulfilling their debt or obligations can also apply to the court of peace and request judicial intervention.
Those who fail to fulfill the requirements of a court decision may be punished with an administrative pecuniary penalty ranging from 250 Turkish Liras to 2000 Turkish Liras. The provisions of Article 25 remain applicable.
The apartment owners have the right to appoint a Property Manager either from among themselves, someone residing externally to the estate, or a management board consisting of three members to manage the main landed estate. The person appointed to manage the estate is known as the Property Manager, and the board is referred to as the Management Board.
If the main landed estate consists of eight or more independent parts, the appointment of a Property Manager is mandatory. However, if all parts of the estate are owned by a single person, that person is automatically considered the manager.
The manager is appointed by unanimous vote of the apartment owners during the legal board meeting. An ex-manager can be re-elected or re-appointed. In cases where the apartment owners cannot agree on the appointment or management of the estate, the Court of Peace in the relevant jurisdiction may appoint a manager upon the petition of one of the apartment owners (and, if possible, after hearing statements from the other owners). The manager appointed by the court has the same authority and responsibility as one chosen by the apartment owners.
Once a manager is appointed by the Court of Peace, they cannot be replaced by the Management Board for at least six months, unless there is a justified reason. In such a case, the Court of Peace that appointed the manager may permit the apartment owners to replace them.
The manager may be required to submit a letter of guarantee or other forms of guarantee as part of the appointment process. Even if this is not explicitly stated in the contract, the Management Board can request a guarantee from the manager if there is a justified reason.
The name, surname, business, and residence address of the manager must be displayed on a frame beside the entrance door of the main real estate or at another visible location at the entrance. If this requirement is not met, the manager or any member of the Management Board will be subject to an administrative pecuniary penalty of 50 to 250 Turkish Liras upon application by the relevant person.
The manager’s duties, as outlined in the management plan, are as follows unless stated otherwise:
Implementing Management Board Decisions: The manager is responsible for executing the decisions made by the Management Board.
Maintenance and Repairs: The manager takes necessary steps to preserve, maintain, and repair the main landed estate, ensuring that it is used properly.
Insurance: The manager ensures that the main landed estate is properly insured.
Collecting Advance Payments: The manager collects advance payments from apartment owners to cover preservation, repairs, cleaning, lift, heating system costs, and insurance. If these funds are exhausted within the first month of the year, the manager can collect additional sums to cover remaining expenses.
Handling Payments: The manager accepts payments related to the estate’s management, pays debts arising from management costs, and collects rent for independent parts unless otherwise specified by the owners.
Accepting Written Notifications: The manager receives and acknowledges all written communications concerning the main landed estate.
Meeting Deadlines: The manager ensures that all due dates and work-related deadlines for the main landed estate are met and takes the necessary steps to protect the estate’s rights.
Protecting the Estate: The manager takes necessary actions to protect and maintain the estate in favor of the apartment owners.
Legal Actions and Enforcement: The manager is responsible for initiating legal actions or enforcement proceedings against apartment owners who fail to meet their obligations and pay their debts. The manager also registers these liabilities in the apartment owners’ book.
Opening a Bank Account: The manager opens a bank account to manage the collection of fees from the apartment owners for the estate’s expenses, with the authority to deposit or withdraw funds as necessary.
Arranging the Annual Meeting: The manager is responsible for organizing the annual meeting of the apartment owners’ association.
These responsibilities ensure that the main landed estate is properly managed and that the apartment owners’ interests are safeguarded.
The manager is required to maintain a comprehensive record of various activities related to the management of the main landed estate. These responsibilities include:
Recording Decisions: The manager must keep a record of all the decisions taken by the board. This includes the summaries and dates of all warnings and notifications served.
Tracking Expenditures: The manager must record all expenditures in a book, as outlined in Article 32 of the law, and organize these records in chronological order.
Filing Documents: The manager is responsible for filing this book along with receipts of expenses and all other relevant documents.
Annual Notary Review: It is mandatory that the records in this book be checked and approved by a notary public within one month following the end of each year.
Failure to comply with these requirements results in fines, as indicated in the last clause of Article 33.
These obligations ensure transparency and proper documentation of the management processes for the estate.
In the absence of an adopted management administrative plan by the management board, the manager is required to prepare a plan promptly. This plan should include the following components:
Estimated Income and Expenditure: The projected income and expenses for the main landed estate for the upcoming year.
Monthly Payment Estimates: The estimated monthly payment that each apartment owner will be required to pay (as outlined in Article 20 concerning payment terms).
Advance Fee Collection: The amount of advance fee to be collected from each apartment owner to cover estimated expenses and any other potential expenditures, according to the terms in Article 20.
Once the plan is prepared, the details must be distributed to each apartment owner or the individuals who use the property. They must acknowledge receipt by signing a notification of the administrative plan. Any objections must be raised within seven days after the plan is received. If necessary, a new plan will be prepared.
The finalized management administrative plan and the decisions related to the management costs by the management board are considered in accordance with the documents referenced in Article 68, clause 1 of the Enforcement and Bankruptcy Law.
Under Article 19 (Amendment date: 28.11.2007-5711), the manager is held responsible to the apartment owners in the same way a proxy is. If there are claims against the resolutions made by the management board, the board of block representatives, or the board of mass building representatives, those claims can be filed against the manager who represents the apartment owners, or the director voted by the board of block or mass building representatives.
Upon receiving a claim, the manager is required to inform all the apartment owners or the respective boards (block or mass building representatives) about the claim. If a court rules that a board resolution is invalid, the court expenses related to this case will be covered by the common expenses of the property.
According to the provisions mentioned, the manager is required to account for all income and expenditure of the property in the first month of every year, unless a specific date is indicated in the management plan.
These financial documents must be made available to the management board. Additionally, if 50% of the apartment owners (regardless of their land share) request it, the manager is obligated to provide these documents to them at any time, irrespective of the dates set in the management plan.
The manager, in accordance with the rules provided, has the same rights as a proxy. Here are the key points related to the manager’s position:
Resignation: If apartment owners fail to pay their debts on time, even after a notice has been served by the notary public, the manager has the right to resign from their position without being required to pay compensation to the other property owners. The manager can also terminate the contract and demand compensation for any losses incurred due to this situation.
Wage: The manager can demand a fair wage from the apartment owners, even if no fee has been specified in the management plan or the contract. This gives the manager the right to request reasonable compensation for their work.
Participation in Administration Costs: The association of apartment owners decides whether the manager will participate in the administration costs of the main landed estate. If the association decides that the manager will participate, they will also determine the percentage of participation. If no decision is made, the manager automatically participates in the administration costs at a rate of 50%.
The management board has oversight and control over the manager’s actions, and it has the right to replace the manager if there is a legitimate reason for doing so. Here are the main points regarding the audit process and the role of auditors:
Audit Frequency: If the management plan does not specify an audit date, the accounts are audited once every three months. However, the audit can be conducted at any time if a legitimate cause arises.
Appointment of Auditors: The management board can assign auditors either from within the board itself (based on the number of votes or majority of land shares) or form a separate board of auditors consisting of three members.
Audit Report: The auditors submit their evaluation report to the management board, including comments and evaluations on how the main landed estate is being managed. This report is then copied and sent to each apartment owner via posted letter. The recipients are required to sign upon receipt of the report.
Audit Documentation: The auditors must document all their judgments and other relevant issues in a book that is sealed and approved by a notary public. Each page of the book must be signed and marked with the date, and pages should be numbered sequentially starting from 1.
The apartment owners are not allowed to make changes or repairs to the shared areas of the main landed estate without proper approval. Here are the key points on changes, repairs, and shared costs:
Decision for Changes or Repairs: Any changes or additions that benefit the apartment owners, improve the shared areas, or make them more comfortable must be approved by a majority vote of the property owners, based on their land share majority.
Costs of Improvements: The costs of any renovations or additional constructions that increase the benefit of shared spaces will be paid by the owners who directly profit from these changes, in proportion to their share of the benefit gained.
Heating System Transformation: If a decision is made to change from a central heating system to individual heating systems, the provisions of the management plan related to heating will be deemed amended. The costs of joint works required for this transformation will be covered based on the proportion of land shares.
The rule regarding renewals or modifications that are costly or considered luxury in nature is as follows:
Costs for Non-Essential Modifications: If the requested renewals or modifications are expensive or luxurious and do not affect essential parts or common access areas used by all the apartment owners, the owners who do not wish to benefit from the changes are not required to contribute to the expenses.
Payment for Modifications: The expenses for such renewals or modifications will be covered by the apartment owners who want the changes to be made.
Future Participation in Costs: If any apartment owner who originally did not contribute to the renewal costs later decides to participate in paying their proportional share based on their land share, they will then have the right to benefit from the modified areas.
This ensures that only those who directly benefit from the changes will bear the costs unless they later choose to participate in the payment.
For the construction of an independent floor or additional constructions on the main landed estate, including penthouses or ground-floor modifications, the following steps must be followed:
Unanimous Decision: The management board must reach a unanimous decision regarding the construction of any additional floor or new structure on the estate.
Re-allocation of Land Share: The re-allocation of land shares, including the renewal or addition of parts, must be agreed upon unanimously. This reallocation reflects the new state of the estate after the construction.
Registration of Land Share: Once the new independent part is added, all independent parts of the estate must be registered in the easement column of the apartment owners’ Registry Book, as per Article 14 of the law. This process is mandatory for establishing the Immovable Property Easement.
Official Contract and Title Deed Officer: The procedures must be executed via an official contract with the presence of the title deed officer. The registration of the estate must be consistent with the prior register page, adhering to the terms of Article 13.
Ownership Transfer: After the construction, the newly created independent part becomes the property of the person or people who had it constructed, provided the cost of the lesser share of the existing apartment owners is paid. This newly constructed part will be registered in the Immovable Property Ownership Register Book on a separate page under the name of the new owner(s).
This ensures that all steps are legally documented and that ownership rights are properly allocated after construction.
The registration of a main landed estate with a right, or the allotment of land, as well as the transfer of ownership of the allotted part or alienated investments, or the rental of the roof or external walls of the main building for advertising purposes, can only be done with the unanimous decision of the apartment owners. This means that every apartment owner must agree for such actions to take place, ensuring full consensus before any such transaction or usage is allowed.
This section deals with the situations in which condominium ownership rights are terminated or when immovable property easements come to an end. The legal implications and procedures for ending such ownership or easement agreements would be outlined here, although further details would be necessary to explain the specific processes involved.
The cessation of condominium ownership occurs through the annulment of the registration record from the condominium ownership registry book. It is important to note that condominium ownership does not automatically end when all independent parts of the main landed estate are transferred to one individual’s ownership.
Annulment of the Registration:
Process of Transfer:
Real Rights and Restrictions:
Expropriation and Public Use:
Owner Refusing to Annul the Right:
This detailed process ensures that any changes to the ownership structure, especially in cases of expropriation or debt, are legally recorded and handled with the proper documentation. It also provides a framework for dealing with modifications to the ownership rights of individual parts of the main landed estate.
The cessation of condominium ownership in cases of damage to the main building or independent parts is governed by specific rules, including the transfer of land shares and the reconstruction of damaged parts. Here is a breakdown of the process:
Complete Damage to the Main Building:
Damage to an Independent Part:
Transfer and Reconstruction:
Multiple Damaged Independent Parts:
Temporary Transfer of Ownership:
This system ensures that damaged parts of a condominium are either repaired or reallocated to other owners who are willing to take on the responsibility of reconstruction. It also establishes clear timeframes and legal procedures for managing damage and the transfer of ownership shares in case of destruction.
In the event that the main landed estate or main building is partially or completely damaged, the following procedures are to be followed:
Notification of Damage:
Liability for Negligence:
Cessation of Condominium Ownership:
New Construction on Damaged Land:
These steps ensure that all parties are properly informed and that the legal and financial aspects of property ownership are handled in the event of significant damage to the main building or landed estate.
The provisions regarding the immovable property easement and its cessation are as follows:
Cessation of Immovable Property Easement:
Construction on Land Subject to Immovable Property Easement:
Legal Action and Cancellation:
After the law comes into effect, the following restrictions apply:
No Easement Rights for Shareholders:
Limitations on Condominium Ownership:
This amendment sets out specific conditions for transferring ownership of a landed estate with an established immovable property easement to condominium ownership:
Deadline for Transfer:
Process for Transfer:
Obligation of Other Associate Owners:
This provision outlines the process for transferring certain rights that were established under the name of ‘room and space rights’ before the Civil Code was enacted into condominium ownership or immovable property easement. Below is a breakdown of the process:
This clause refers to easement rights that were established before the law came into effect. These easement rights were granted to allow one of the co-owners of a landed estate to benefit from a specific part of the estate as an apartment owner. Here’s the breakdown:
Application of Law for Pre-Existing Easement Rights:
Administration Participation:
Necessity for an Administration Plan:
Related Expenses and Insurance:
Until Transfer to Condominium Ownership:
This section explains the process of terminating collectivization in real estate, particularly in cases where a property is subject to condominium ownership among the collectivized properties. The termination process depends on whether the collectivization was established before or after specific dates and involves the following steps:
Conditions for Termination of Collectivization:
If Agreement Cannot Be Reached:
Provisions for Payment and Termination:
The process to terminate collectivization for condominium properties involves:
This ensures that the termination of collectivization is handled fairly, with clear legal and financial guidelines.
This section outlines the exemptions related to the establishment of condominium ownership and immovable easement under the law. Here’s the breakdown:
Exemption from Payments and Taxes:
Reporting Requirements:
The law provides exemptions from taxes and payments related to the establishment of condominium ownership and immovable easement unless the property is being transferred. Additionally, the establishment must be reported to the relevant local authorities, including the municipality and tax office.
This section details the responsibilities of the municipality and the right of divided property under the law. Here’s a breakdown:
Responsibilities of the Municipality:
Right of Divided Property:
In places without a municipality, the responsibilities of the law are handled by the provincial or district municipality. In locations specified in Article 47 of the Law of Construction and Settlement, the local municipality is responsible. Additionally, a new concept, the right of divided property, is introduced by Law 3227, which addresses issues concerning the division and ownership of property.
The right of divided property refers to a specific legal right that can be established for associate property owners of a whole or independent part of a construction. This right allows these owners to benefit from the construction in specified periods of the year, which can be used as a residence or for other purposes, depending on their ownership share.
Here are the key points:
The right of divided property provides a way for owners to have seasonal or specified-time usage rights of the property based on their share, essentially allowing them to use the property as a residence for part of the year. This right is proportionate to their ownership stake in the building.
The right of divided property ownership is governed by the following principles:
Proportionality:
Eligibility for the Right:
Creation of Real Rights:
Transfer and Inheritance:
The right of divided property ownership is primarily established for residential properties that are under condominium or immovable easement ownership. The usage is divided equally based on the duration and the number of properties. This right can be transferred to co-heirs, ensuring continuity in ownership within the family or among other parties.
The right of divided property ownership is further defined by the following conditions:
Allotted Time Period:
Relinquishment to Heirs:
The right of divided property ownership is allocated in minimum 15-day periods throughout the year. Additionally, the property owner can relinquish their usage rights to other heirs, unless otherwise agreed upon in the contract.
The establishment of divided property ownership is officially recorded as follows:
Indication on Title Deed:
Future Title Deed:
The divided property ownership is formally registered in the title deed register, and this is later reflected in the title deed itself, ensuring clear legal acknowledgment of the ownership rights.
The divided property contract plays a critical role in defining the rights and responsibilities of the associate owners, as well as the management of the divided property. Here are the key aspects:
Specific Details in the Contract:
Agreement and Signing:
Official Registration:
Appointment of an Administrator:
Administrator’s Duties:
The divided property contract defines how the property will be managed, specifying the duration of usage, rights, responsibilities, maintenance, and repair. It is signed by all owners and recorded in the title deed register. An administrator is appointed to manage the divided property according to the contract and law.
The establishment of the rights of divided property upon one or more independent parts that have been transferred into condominium ownership can be done without requiring the consent of the owners of the other independent parts, unless otherwise specified in the administration plan.
This means that, unless there is an agreement in the administration plan that requires unanimous or specific consent from other owners, a property owner has the right to establish divided property rights on their part of the condominium independently.
The associate owners of a divided property ownership or its parts cannot demand a change in the associate property ownership, unless it is explicitly agreed upon in the contract.
This means that, in general, the distribution of ownership shares or the terms of the divided property rights are fixed unless there is a specific provision within the agreement that allows for modifications.
The divided property owners are required to vacate and deliver the independent part or the construction they have used to the new owners, who have the right of utilization for the following periods, at the end of the specified time period stated in the land register.
If they fail to vacate by the end of the specified period, the eviction will be carried out immediately by police under the direction of the territorial governor, without needing any further notification. This eviction can be executed upon the request of the new owner or the administrator, based on the title deed register and the contract, along with their written demand.
Moreover, no further applications to administrative or judicial authorities can prevent or stop this eviction process. However, the rights of the individuals involved are still protected by the law and the terms outlined in the contract.
Absence of Decree or Clause:
In the event that the law, contract, or administrative plan does not provide a specific decree, the Turkish Civil Code and related legal rules will apply to settle any disputes related to the rights, debts, responsibilities, authority, or liabilities of divided property owners.
Court of Competent Jurisdiction:
Disagreements related to the application of the law will be settled by the Court of Justice.
Evacuation of Residential Spaces:
Special Rules for Multiple Constructions:
Transfer to Immovable Property Easement:
These provisions lay out the process for resolving disputes, handling responsibilities, and transferring rights within condominium or immovable property easements, especially when dealing with multiple constructions or divided properties.
Definition of Mass Building:
Mass building refers to multiple structures that are or will be constructed based on a certified layout plan, typically involving one or more building parcels. These buildings are interconnected by infrastructure, common usage areas, social facilities, and management services.
Parcel Requirements:
The building parcels involved in a mass building project must be adjacent or neighboring parcels. However, the spaces between these parcels, which are allocated for public services (e.g., roads, public squares, open spaces, parks, and parking lots), are not considered part of the mass building definition.
Condominium Ownership:
Each building parcel in a mass building is treated individually for the purpose of establishing construction servitude and condominium ownership. However, if the mass building involves multiple building plans, condominium ownership cannot be established between individual parcels based on the provisions of mass building.
Conversion to Condominium Ownership:
Once the buildings are completed, the construction servitudes associated with those buildings can be changed to condominium ownership. This change allows for individual ownership within the mass building, though the initial plans for the parcels may not necessarily accommodate such conversions across the entire development.
This structure of mass building and its conversion into condominium ownership highlights how large developments with interconnected services and facilities can manage ownership rights, particularly when dealing with multiple parcels and infrastructure that ties the buildings together.
Common Areas and Registration:
Parcels within the scope of mass building that have been allocated for common use and benefit of the independent divisions are registered into the title deeds registry. The registration includes specific details such as:
These registered areas become common places for the independent divisions of the respective parcels allocated to them. Essentially, these are areas that are collectively owned by the owners of the independent divisions, even if they are located on different parcels within the mass building.
Social and Infrastructure Facilities:
The common social and infrastructure facilities of the multiple structures within the mass building, regardless of the specific parcel or structure, are considered the common areas of the independent divisions to which they are allocated. This means that even though the facilities may be spread across different parcels or structures, they are still treated as common areas for the benefit of all owners of independent divisions in the mass building project.
This system ensures that the infrastructure and shared facilities, essential for the functionality of the mass building, are properly registered and allocated for the benefit of all owners in the development, even if those owners are located in different parts of the property.
Site Plan and Projects:
In mass buildings, the locations of buildings, common places, and facilities, along with their use types and purposes, must be detailed in the site plan and projects. These documents should be prepared in accordance with the approved building plan by the relevant authorities, and they must cover the entire parcel or parcels within the scope of the mass building. This ensures that the development is well-organized and meets legal and planning requirements.
Management of Public Spaces:
The management of public spaces within the mass building (e.g., shared public areas, facilities) can be undertaken by the mass building management if a mutual agreement is made with the authorized public institutions. However, it is essential that this arrangement does not restrict public use of these spaces. This allows for a collaborative approach in managing spaces that are open to both residents and the public.
Regulation for Condominium Ownership and Construction Servitude:
Issues regarding the establishment of condominium ownership, construction servitude, and the required documents and transactions to be carried out at the title deeds registry office are regulated by a specific regulation issued by the Ministry of Public Works and Settlement. This ensures that the process of registration and ownership transfer is clear, standardized, and legally compliant, especially in complex developments like mass buildings.
These provisions create a legal framework to ensure proper management, organization, and registration of mass buildings, providing clarity for all stakeholders involved.
Management of Blocks:
Each block within a mass building, which has its own common areas and multiple independent divisions, is managed by a block condominium owners’ board. This board is composed of the owners of the independent divisions within that specific block. The board is responsible for managing the problems and common places that belong exclusively to the block.
Management of Non-Block Structures:
If there are non-block structures on a parcel or a combination of block and non-block structures on the same parcel, the parcel is managed by a board of condominium owners. This board is composed of the owners of independent divisions within the parcel. The specific management type for these structures is detailed in the management plan.
Management of Multiple Parcels:
If the development involves multiple parcels on a plot, the common places of these parcels are managed by a board of plot condominium owners. This board is made up of owners of independent divisions on the plot, and the management style is determined by the board, in accordance with the mandatory provisions of law. The authority to manage the plot may also be granted to a board of plot representatives in the management plan.
Management of Multiple Blocks and Non-Block Structures:
The board of plot representatives typically consists of:
Management of Entire Mass Building:
For the entire mass building, including all blocks and non-block structures, the board of mass building condominium owners is responsible for managing the common areas and facilities. This board is composed of the owners of independent divisions within the mass building, and its management style is also determined by the board, following the mandatory provisions of law. The board of mass building representatives may be given authority in the management plan.
Structure of Mass Building Representatives:
Similar to the board of plot representatives, the board of mass building representatives consists of:
In essence, the management structure for mass buildings is organized hierarchically and outlined in a detailed management plan. This plan ensures that the responsibilities for managing common areas and facilities are clearly defined at the level of blocks, parcels, and the overall mass building. The decision-making power and responsibilities are allocated based on the number of independent divisions managed or represented by each member of the board or representative body.
Single Management Plan:
A single management plan is prepared for all the structures and places within the scope of the mass building. This plan is binding on all condominium owners within the mass building, meaning that all owners must adhere to its terms and provisions.
Amendment of the Management Plan:
To amend the management plan, a four-fifths majority of the votes represented by the members of the mass building representatives is required. This ensures that any changes to the management plan have broad support within the management body.
Amendment of Provisions for Temporary Management:
The provisions of the management plan that relate to temporary management can be changed by a four-fifths majority of the votes from the independent division owners at the mass building. This provides the owners with greater control over temporary management arrangements, allowing them to adjust these provisions when needed.
In summary, the management plan for mass buildings can only be amended with a strong consensus among the owners and representatives, ensuring that changes reflect the collective will of the owners while maintaining the structure and functioning of the mass building.
Block Manager and Auditor:
Manager and Auditor for Non-Block Structures:
Manager and Auditor for the Whole Mass Building:
Common Expenses for Common Places and Facilities:
Enforceability of Resolutions:
Obligation to Pay Common Expenses:
Establishment of Temporary Board:
Provisions in the Management Plan:
Duration of Temporary Management:
Unless stated otherwise in this section, all the rules and regulations covered by this law also apply to mass buildings in the same way or in a similar manner.
The law will come into effect six months after it is officially issued.
The Board of Ministers is responsible for implementing the rules outlined in the law.
Appendix 1: Definitions
Appendix 2: Common Parts and Goods
Appendix 3: Private Parts
Appendix 4: Disputes
If there’s uncertainty about whether something is common or private property, the meeting will decide.
Appendix 5: Removal of Common Installations
The meeting can decide to remove common installations, making related regulations no longer applicable.
Appendix 6: Maintenance of Common Goods
The board is responsible for maintaining common areas but cannot order extra work beyond the approved budget without permission from the meeting.
Appendix 7: Maintenance of Private Parts
Every owner must maintain their private property, including repairs, renovations, and cleanliness.
Appendix 8: Use of Common Areas
Owners have the right to use common areas, but they must do so responsibly and without disturbing others.
Appendix 9: Restrictions on Common Areas
Owners should avoid causing noise, placing items in non-designated areas, and decorating walls in common spaces without permission.
Appendix 10: Nuisance Prevention
Owners must refrain from causing unreasonable disturbances and must act to prevent damage to other owners or the association.
Appendix 11: Reporting Damage
Owners must report any significant damage or potential hazards to the board immediately.
Appendix 12: Restrictions on Private Terraces and Balconies
Terraces and balconies must be used according to building limits. Owners cannot place heavy items or obstruct light or air for others.
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