When unit owners believe that the dues determined by the apartment or site management are exorbitant or unlawfully high, they have various legal recourse options against this situation. Specifically, the dues determined under the Condominium Law (KMK) must be fair, transparent, and justified. Otherwise, unit owners can exercise their right to object to high dues and, if necessary, file a lawsuit for the cancellation of dues. In cases where the amount of dues is high, unit owners can request the alleviation of this obligation through various legal means. If the dues are exorbitant or determined unlawfully, it brings forth various application and litigation processes within the framework of the Condominium Law (KMK) and relevant legislation.

To assess whether the maintenance fee is high, the decisions of the condominium owners’ board, the operating budget, and the management plan, which form the basis of the fee, should first be carefully examined. It must be determined which expense items the fee includes, whether it was determined in accordance with the land share, and its compliance with the provisions of the Condominium Law (KMK). This stage forms the basis for future objection and litigation processes.

a) Exhausting Internal Review Channels:

Objection and Dissent

The first authority a condominium owner should apply to regarding a high maintenance fee is generally the condominium owners’ board. Against the general assembly decisions determining the maintenance fee amount, it is important to dissent at the meeting where the decision was made and to ensure that the dissent is recorded in the minutes. This can be used as concrete evidence in subsequent legal processes.

Objection to the Operating Budget

According to Article 37 of the Condominium Law (KMK), there is a right to object to the operating budget, which forms the basis of the maintenance fee. This objection can be made within 7 days after the operating budget is communicated to the owners. However, this objection must first be submitted to the condominium owners’ board and subjected to the board’s evaluation. Applying directly to the court is not possible without exhausting these internal review channels.

Application to the Condominium Owners’ Board

In cases involving decisions made by the management board or the condominium owners’ board, before applying directly to the court, an application should be made to the condominium owners’ board with a request for the annulment of these decisions, and internal review mechanisms should be utilized. Exhausting these internal review channels is a legal requirement before filing a lawsuit.

b) Recourse to Legal Action: Annulment of the Co-owners’ Board Decision :

If internal review mechanisms are unsuccessful or if it is believed that the adopted maintenance fee decision is unlawful, a lawsuit can be filed in the Civil Court of Peace for the annulment of the co-owners’ board decision.

In lawsuits for the annulment of co-owners’ board decisions, the competent court is generally the Civil Court of Peace. However, in special circumstances, such as the site not having transitioned to collective building management or the dispute falling outside the scope of the Condominium Law, it has also been accepted by Supreme Court precedents that the Civil Court of First Instance may be competent. Another important point to consider in such annulment lawsuits is the lawsuit filing period. A lawsuit must be filed within 1 month from the date the decision is learned or communicated to the owners. This period is preclusive (extinctive), and if the period is missed, the court will dismiss the case without entering into its merits.

The annulment of a co-owners’ board decision may be requested for reasons such as the maintenance fee being excessive, its determination contrary to the management plan or operating budget, its calculation not based on the land share, or general assembly meetings being conducted irregularly. When filing a lawsuit, it is of great importance that these grounds are supported by concrete evidence. Documents such as meeting minutes, the management plan, and the operating budget must be submitted to the court, and since expert examination will be requested in most cases, it must be ensured that the report is prepared by competent individuals and is suitable for forming a judgment. Expert witness fees are considered within the scope of evidence advance. It is also mandatory for the plaintiff to possess the status of a co-owner, and lawsuits filed by individuals who do not have this qualification will be rejected due to lack of active standing.

c) Determining the New Due Amount After the Annulment Decision:

The court cannot determine the due amount by substituting itself for the board of apartment owners. It only annuls the unlawful decision. The redetermination of the due amount is only possible with a new decision from the board of apartment owners, made in accordance with procedures. Therefore, the board of apartment owners must reconvene after the court’s annulment decision and determine a more appropriate due amount, taking the court’s decision into account.

Conclusion

The path an apartment owner should follow to reduce a high due amount is; firstly, to examine the decision and operating plan that form the basis of the due amount, to use objection and opposition methods before the board of apartment owners, and if no result is achieved, to file a lawsuit in the competent court for the annulment of the board of apartment owners’ decision, in accordance with legal time limits and procedural rules. During the litigation process, the presentation of concrete evidence, expert examination, and the conduct of the legal process with professional support are critically important for preventing loss of rights. It is advisable to consult a lawyer based on the specific characteristics of each concrete case. An article recommendation.

Why is Expert Opinion Necessary?

Dues disputes are not just about the amount; they involve many technical and legal details such as the management plan, land share ratios, agenda procedures, and meeting quorum. Therefore, each specific case must be evaluated individually, and the legal process must be conducted in full compliance with the legislation. Especially in Istanbul, in Tuzla and its surrounding settlements (Kartal, Pendik, Maltepe, Gebze, Darıca, Çayırova), due to the increasing number of residential complexes and apartments, such dues disputes are frequently encountered, which increases the need for legal consultancy and legal representation. A process initiated incorrectly or conducted insufficiently without a lawyer leads to both loss of rights and unnecessary time and expense.