Antalya, with its unique natural beauty and modern living spaces, is one of Türkiye’s most popular cities. This has paved the way for the proliferation of social housing and residential complexes. However, despite the comfort and social amenities offered by residential complexes, disputes arising from administrative and neighborly relations arising under the Condominium Ownership Law (KMK) are also inevitable. Such disputes can negatively impact residents’ peace of mind and quality of life. This article aims to provide a comprehensive guide on how to resolve disputes encountered in residential complex management in Antalya under the Condominium Ownership Law.

Condominium Law and Fundamentals of Site Management

The Condominium Law is the fundamental legal text in Türkiye governing matters such as the management of condominium properties, the rights and obligations of condominium owners, and the sharing of common expenses. This law establishes the rules that must be followed for the healthy life of a condominium complex.

Scope and Purpose of the Law

The KMK covers not only apartments but also villa-type complexes, business centers, and other residential complexes. The primary purpose of the law is to establish a fair balance between apartment owners in properties with multiple independent units and to regulate the management and maintenance of common areas, thus ensuring the smooth flow of shared living. Given the rapidly increasing number of residential complex projects in Antalya, the importance of this law is even greater.

Management Plan and Its Importance

Every condominium complex is required to have a “Management Plan.” The management plan serves as the constitution of the complex. This plan details many important matters, including the rights and obligations of the unit owners, the duties and powers of the manager, principles for participation in common expenses, and the use of common areas. Many complexes in Antalya experience various problems due to incomplete or outdated management plans. The management plan can be amended by a four-fifths vote of the condominium owners’ council.

The Role of the Condominium Owners’ Council and the Manager

The condominium owners’ council is the highest decision-making body in the complex. They meet at their annual regular meetings or, when deemed necessary, extraordinary meetings to make important decisions regarding the complex’s management. The manager, or board of directors, is the person elected by the condominium owners’ council, who implements the council’s decisions and manages the daily operations of the complex. The manager’s duties include maintaining common areas, collecting expenses, maintaining the books, and representing the complex in legal proceedings. The manager’s responsibilities and authorities are determined by the Condominium Ownership Law and the management plan.

Common Disputes in Site Management

The most common disputes in site life in Antalya generally focus on topics such as dues and common expenses, use of common areas and the manager’s failure to fulfill his duties.

Dues and Common Expense Disputes

The most common source of disputes in complex management involves non-payment of dues and common expenses, or disagreements over their calculations. According to the Condominium Ownership Law, each unit owner is obligated to contribute to common expenses in proportion to their land share. However, a different provision can be made in the management plan. Expenses such as heating, electricity, and water are generally allocated based on usage. Failure to pay dues disrupts the overall operation of the complex and creates an additional burden on other unit owners. In such cases, the management may be required to pursue legal action to collect the receivables.

Disputes Regarding the Use and Maintenance of Common Areas

Common areas (garden, pool, parking lot, corridors, rooftops, etc.) are jointly owned by all apartment owners and are used according to the rules outlined in the management plan. However, disputes over the use of these areas frequently arise. For example, misuse of the parking lot, disruptive pet behavior in common areas, noise complaints, the placement of personal belongings in common areas, and issues such as pool usage hours or maintenance can all be sources of disagreement. Such disputes can damage neighborly relations and require legal intervention.

Disputes Arising from Manager and Auditor Responsibilities

Situations such as the manager’s incomplete or incorrect performance of duties, failure to adhere to the principle of transparency, failure to regularly submit financial statements, or abuse of authority can lead to serious disputes among property owners. Similarly, the auditor’s failure to perform their duties or fail to detect irregularities can also create problems. In such cases, property owners may demand the manager’s removal or file a lawsuit seeking compensation for damages arising from the manager’s actions.

Management Plan Change and Implementation Problems

Over time, the needs of the complex may change, and the management plan may need to be updated. However, this process can be challenging, as a four-fifths majority vote of the condominium owners’ council is required to amend the management plan. Furthermore, differing opinions may arise regarding the interpretation or implementation of certain provisions of the existing management plan, potentially leading to legal disputes.

In Antalya, there are various legal remedies available for resolving disputes arising from the Condominium Law. These remedies vary depending on the nature of the dispute.

Conciliation and Mediation Process

Before resorting to legal proceedings, the best approach is to seek a solution through conciliation and dialogue between the property owners, or between the management and the property owners. However, when this is not possible, mediation has become mandatory in some property ownership disputes under Law No. 6325 on Mediation in Legal Disputes. It is particularly important to consult a mediator before filing a lawsuit regarding matters such as shared expenses and dues, or the manager’s failure to implement general assembly decisions. Mediation allows the parties to reach a resolution more quickly and cost-effectively.

Litigation Procedures in Civil Courts of Peace

Civil Courts of Peace are the courts responsible for resolving disputes arising from the Condominium Ownership Law. In Antalya, these Civil Courts of Peace handle such cases and adjudicate disputes related to complex management. The main types of cases are:

  • Lawsuit to Overturn Decisions of the Condominium Owners’ Board: A lawsuit may be filed to overturn a decision made by the condominium owners’ board on the grounds that it violates the law, the management plan, or the rule of good faith. This lawsuit must be filed within one month of learning of the decision, and in any case, within six months of the date of the decision.
  • Dismissal and Reappointment of Manager or Auditor: If the manager abuses his/her duty, does not fulfill his/her responsibilities, or cannot be dismissed by the apartment owners’ council, each apartment owner may request the court to dismiss the manager and appoint a new manager.
  • Common Expense Collection Lawsuit: This is a collection lawsuit filed by the property manager against a property owner who has failed to pay their dues or common expenses. Delay compensation may also be claimed in this lawsuit.
  • Lawsuit to Prevent Intervention in Common Areas: If a flat owner uses common areas improperly or violates the rights of other flat owners, a lawsuit can be filed to prevent this intervention.

Collection of Receivables through Enforcement Proceedings

Dues and common expense receivables are priority receivables pursuant to Article 20 of the Condominium Ownership Law. Enforcement proceedings can be initiated directly against a unit owner who fails to pay their debts, upon the manager’s decision. This proceeding can lead to the seizure of the debtor’s assets and the collection of the receivables.

Condominium Disputes and Local Dynamics in Antalya

Antalya’s demographic structure, touristic characteristics, and seasonal density add unique dynamics to condominium disputes. The presence of people from diverse backgrounds, vacation rentals, and foreign-born condominium owners can create additional challenges in implementing management plans or making joint decisions. Lack of communication and low attendance at condominium board meetings, particularly in large, multi-block complexes, can also exacerbate disputes. In such cases, seeking legal counsel and professional support can help resolve issues more quickly and effectively.

Disputes arising in complex management are complex legal matters that profoundly impact both individual and social peace. The detailed provisions of the Condominium Ownership Law and the correct interpretation of the management plan are critical to resolving these issues. To navigate the challenges of complex life in Antalya and protect your rights, seeking support from an legal firm will not only ensure the legal process progresses smoothly but also reduce tensions between the parties, allowing for more constructive solutions. It’s important to remember that legal processes can be time-consuming and costly, so proceeding with the right steps and seeking professional legal guidance is crucial.

Frequently asked questions

Which court has jurisdiction over site management disputes?

Disputes arising from condominium ownership are heard by the civil court of peace where the property is located. Unpaid common expenses may additionally be pursued through enforcement proceedings.

How can a decision of the board of owners be challenged?

Any owner who did not consent may file an annulment action. The action must be brought within one month of learning of the decision and in any case within six months of the decision date.

What can be done about an owner who does not pay dues?

Enforcement proceedings may be initiated for unpaid dues, and default compensation may be claimed under the Condominium Law. The manager or any individual owner may start this process.

Can the management plan be amended?

The management plan may be amended by the vote of four fifths of all owners. The amendment cannot be asserted against third parties unless it is annotated in the land registry.

Is mediation mandatory in condominium disputes?

Applying to a mediator before filing suit is a procedural requirement in disputes arising from condominium ownership and neighbour law. A case filed without the final mediation report is dismissed on procedural grounds.

Contact and appointments

Phone: +90 549 454 76 76 · Email: bilgi@billurguleraslim.av.tr. Consultations are available in Turkish, English and Russian.

This article is for general information only and does not constitute legal advice.