Condominium Disputes in Konyaaltı

Key concepts under the Condominium Law

Konyaaltı is a district with a high concentration of multi-block sites governed by a management plan. Disputes arising in such buildings are assessed under the Condominium Law no. 634.

The central distinction drawn by the Law is between the independent unit and the shared areas. An independent unit is owned outright by the owner and may, as a rule, be used as they see fit. Shared areas serve the building as a whole, and every owner holds rights in them in proportion to their land share: the entrance hall, staircases, lift, roof, façade, garden, car park and installation shafts fall into this category.

Each independent unit in a building under condominium ownership carries a land share. The land share is not only the measure of ownership; the proportion in which common expenses are borne, and often the weight of a vote in the owners' assembly, are determined by reference to it. Whether land shares are proportionate to the value of the units can itself become the subject of separate proceedings.

Binding nature of the management plan

The management plan governs how the building is administered, how shared areas may be used, how common charges are calculated and what powers the manager holds. The Law treats this document as a contract and makes it binding on all owners (art. 28).

That binding effect extends to those who purchase a unit later. Reviewing the management plan before buying a flat or commercial unit therefore prevents later disagreement, particularly on matters such as keeping pets, use as business premises, allocation of parking spaces and changes to the façade.

The management plan may be amended by the qualified majority provided in the Law. A decision of the owners' assembly alone cannot introduce a permanent practice contrary to the management plan; decisions of that kind may be challenged by an action for annulment.

Common charges and arrears

Owners are obliged to contribute to the costs of maintaining, preserving and administering the building. The share is determined as a rule by the land share, unless the management plan provides another basis. For certain costs, such as heating, the lift and security, the Law lays down separate criteria (art. 20).

Where an owner fails to pay, the manager may commence enforcement proceedings or bring a claim. Default interest at the rate provided in the Law may be sought. Letting the unit does not remove the owner's liability; the tenant may also be held jointly liable to the extent set out in the Law.

A frequent point of argument concerns unoccupied flats. As a rule the fact that a unit is not being used does not by itself extinguish the obligation to contribute to common expenses, although for certain usage-based cost items the provisions of the management plan are decisive.

Use of shared areas and prevention of interference

Every owner has the right to use the shared areas, but that right must be exercised without impairing the rights of others. Occupying the stairwell with belongings, permanent use of an unallocated parking space, enclosing part of the garden and installing units on the façade without permission are common sources of dispute.

In such cases the owners or the manager may apply to the court for prevention of the interference and restoration of the previous position. The Law also provides that where an owner acts contrary to their obligations, the intervention of the judge may be sought (art. 33).

In complaints of noise or odour, the assessment turns on whether the disturbance is continuous and whether it exceeds the threshold of what must reasonably be tolerated. Records, police reports and, where available, measurement reports are used in that assessment.

Annulment of decisions of the owners' assembly

The owners' assembly is the highest organ of the building, and decisions taken in accordance with the proper procedure bind everyone, including those who did not attend. Decisions contrary to the Law, to the management plan or to the rule of good faith may nevertheless be annulled.

An action for annulment may be brought by owners who voted against the decision or who did not attend the meeting. The Law prescribes time limits: one month from becoming aware of the decision, and in any event six months from the date of the decision (art. 33). Once those periods have passed the decision generally remains valid, even if an allegation of irregularity is raised.

In practice, the grounds most often relied upon are failure to meet the quorum for the meeting or for the decision, defective notice of the meeting, and decisions taken on matters not included in the agenda. Keeping the notice documents, the attendance list and the decision book in good order is accordingly among the manager's most important duties.

Alterations contrary to the approved project

Owners are obliged to preserve the architectural condition and structural soundness of the building. The Law imposes strict rules on alterations to an independent unit that affect the building, and on works carried out in shared areas (art. 19).

Interference with the load-bearing system, enclosing balconies, changes to the façade, roof and terrace works and relocation of wet areas are the works most often disputed. Alterations carried out without the majority required by the Law may give rise to a claim for restoration of the previous position.

In areas such as Konyaaltı, where much of the housing stock is recent, the conformity of alterations made after the occupancy permit is a separate question. Where necessary the court carries out an inspection, obtains an expert report and assesses the effect of the alteration on the building as a whole.

Competent court and time limits

Disputes arising from condominium ownership fall within the jurisdiction of the Civil Court of Peace. As Konyaaltı has no separate courthouse, files are heard at the Antalya Courthouse.

Territorial jurisdiction lies with the court of the place where the building is located. This rule does not change where the owner resides in another province or abroad.

The most critical periods are the one-month and six-month limits for annulment of assembly decisions. Claims for common charges are subject to the general limitation periods. A claim for prevention of interference with shared areas may be brought for as long as the interference continues.

Frequently asked questions

Must the manager be one of the owners? No. The owners' assembly may appoint an outside person or a management company as manager.

May an owner in arrears attend and vote at the assembly? Yes. Arrears do not in themselves remove the right to vote; the debt is pursued separately.

May a tenant vote at the owners' assembly? As a rule the right to vote belongs to the owner. A tenant may attend as a representative in the limited circumstances set out in the Law and where authorised by the owner.

Is there a difference between site management and apartment management? In complexes consisting of more than one building, the special provisions of the Law on complex structures and the joint management plan apply, and the decision-making bodies and cost sharing are organised accordingly.

The explanations in this article are for general information and do not replace legal advice on a specific dispute.

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For further detail on the matters discussed here, see our Real Estate and Tenancy Law page.

The information on this page is general in nature and does not constitute legal advice. You should consult a lawyer about your own situation.