Introduction

This study has been prepared by analyzing the decisions of the Supreme Court, the Council of State, the Court of Jurisdictional Disputes, and first-instance courts presented in relation to the question, “Can condominium ownership be established without a management plan?” The examined decisions reveal that the answer to the question is not singular and definitive, and that the issue varies within the framework of legal regulations, factual circumstances, and judicial interpretations. The study aims to clarify the legal dimensions of the issue by bringing together these different perspectives.

The main findings obtained from the judicial decisions examined are as follows:

Principle of Legal Requirement: In accordance with Article 12 of the Condominium Law (KMK) No. 634, among the documents that must be submitted to the land registry office for the establishment of condominium ownership, there is a management plan signed by the owners. This indicates that the management plan is, as a rule, a constitutive element for the establishment of condominium ownership.

Judicial Flexibility and Solutions: The Supreme Court has developed solutions to prevent situations where owners refuse to sign the management plan from hindering the establishment of condominium ownership. It is accepted that the transition to condominium ownership is possible by means of the management plan being “deemed signed” by court decision.

De Facto Situation and Collective Building Distinction: Especially in sites established on more than one parcel but not transitioned to collective building management in accordance with the procedure in the Condominium Law (KMK), separate condominium ownership and separate management plans may exist for each parcel. In these cases, condominium ownership continues to exist even without a single, unified management plan covering all parcels.

Exception in Transition from Building Easement: If a management plan was submitted to the land registry during the establishment of the building easement, a separate management plan is not required during the transition to condominium ownership. This indicates that the existence of a management plan can also be ensured at a stage prior to the establishment of condominium ownership.

1. Legal Basis of the Management Plan as a Constituent Element

The Law on Condominium Ownership considers the management plan as one of the fundamental documents required for the establishment of condominium ownership. Decisions of the Supreme Court of Appeals and the Council of State frequently affirm this legal requirement. This was clearly stated in the decision of the 18th Civil Chamber of the Supreme Court of Appeals, numbered 2013/15750 E.: “A management plan prepared within the framework of the principles in Article 28, based on the manner of use of independent sections and the characteristics of the structures in case of multiple buildings, and signed by the owner(s) establishing the condominium ownership.” Similarly, in the decision of the General Assembly of Civil Chambers of the Supreme Court of Appeals, numbered 2023/572 E., especially for collective buildings, the unifying and mandatory nature of the management plan was emphasized: “A single management plan covering all structures and areas within the scope of a collective building is prepared. The management plan binds all condominium owners within the scope of the collective building.” These decisions show that the legal regulation mandates the management plan as a “contract” that forms the foundation of the condominium ownership regime and binds all owners.

2. Cases Where Legal Obligation is Exceeded and Judicial Interpretations

Despite the rigidity of the legal rule, judicial decisions show flexibility in line with equity and practical necessities.

“Deemed Signed” by Court Decision: Disputes among owners and some refusing to sign the management plan should not abolish the right to establish condominium ownership. The decision numbered 2017/2000 E. of the General Assembly of Civil Chambers of the Supreme Court of Appeals provided a solution to this situation. The decision stated that the documents listed in Article 12 of the Condominium Law (project, occupancy permit, and management plan) must be completed, but that the transition to condominium ownership is possible “by deeming the management plan signed if co-owners refuse to sign it.” This interpretation aims to prevent malicious obstructions.

Transition from Construction Servitude to Condominium Ownership: The decision numbered 2019/363 E. of the General Assembly of Civil Chambers of the Supreme Court of Appeals reveals an important exception. Referring to Article 14 of the Condominium Law, the decision reminds us of the provision that if a management plan was provided when establishing construction servitude, “an additional management plan is not required for the transition to condominium ownership.” This indicates that a plan provided at the beginning of the process is considered sufficient, and a repetitive procedure is avoided.

Condominium Ownership Existing De Facto Without a Management Plan or with Separate Plans: Especially in sites encompassing multiple parcels, if the legal “collective building” management has not been adopted, each parcel is observed to continue its existence with its own condominium ownership and its own management plan. The decision numbered 2024/8460 E. of the 5th Civil Chamber of the Court of Cassation exemplifies this situation: “…that there is no management plan covering both parcels between the parties, nor has a collective building management plan under Law No. 634 been accepted by the board of apartment owners for both parcels and registered in the land registry…” In such cases, condominium ownership exists, but disputes regarding inter-parcel relations and common expenses are resolved according to general provisions (Turkish Civil Code, Code of Obligations) instead of the Condominium Law. As stated in the decision numbered 2018/3771 E. of the 20th Civil Chamber of the Court of Cassation, if collective building management has not been adopted, “the provisions of general law, not the Condominium Law, must be applied in the dispute.”

Conclusion

In conclusion, the answer to the question, “Can condominium ownership be established without a management plan?” varies according to the legal and de facto situation:

Legally (De Jure): No, according to Article 12 of the Condominium Law No. 634, a management plan is a mandatory constitutive document for the establishment of condominium ownership. It must be submitted for registration in the land registry.

In Judicial Practice and De Facto: Yes, under certain circumstances, condominium ownership can be established or continue to exist without a management plan.

If the owners refuse to sign, it is possible for the plan to be “deemed signed” by court order.

A management plan submitted during the preliminary ownership (kat irtifakı) stage is sufficient for transitioning to full condominium ownership.

In structures consisting of multiple parcels, even if there is no unified “collective building management plan” covering all parcels, each parcel can exist with full condominium ownership independently. In this situation, disputes regarding the common management of the parcels will be subject to general provisions instead of the Condominium Law (KMK).

Therefore, while the absence of a management plan does not constitute an absolute obstacle to the establishment of condominium ownership, this deficiency leads to a significant legal consequence that fundamentally alters the nature of the legal rules to be applied in the management of the main real estate and in any disputes that may arise. A suggested article.

Why is Expert Lawyer Support Needed in Tuzla?

Condominium ownership and management plan disputes are not limited to title deed transactions; they also lead to problems in many areas such as common expenses, collective building management, and the rights and obligations of owners. The decisions of the Court of Cassation and the Council of State also show that in cases where a management plan is absent or invalid, disputes are resolved according to general provisions, and this process requires technical knowledge.

Therefore, obtaining support from a condominium ownership lawyer in Tuzla or an expert lawyer in the field of real estate law is of great importance. In these frequently encountered problems in regions such as Tuzla, Pendik, Kartal, Maltepe, Gebze, an expert lawyer:

Manages the processes of preparing, amending, or canceling the management plan.

Provides legal support in title deed transactions related to condominium ownership and preliminary ownership.

It protects the rights of owners during the court phase, preventing possible loss of rights.

It develops a strong defense in favor of the client in disputes regarding common expenses and collective building management.

Consequently, although the absence of a management plan does not completely prevent condominium ownership, it can lead to serious legal problems in disputes that may arise. Therefore, obtaining expert lawyer support in Tuzla in regions such as Istanbul, Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Gebze lawyer, Aydınlı lawyer, Orhanlı lawyer, Tepeören lawyer, Darıca lawyer, Bayramoğlu lawyer, or Çayırova lawyer is critically important for the healthy progress of the process and to prevent loss of rights.