The most severe sanction in condominium law is the forfeiture of an independent section (unit) from a unit owner who constantly and unbearably disrupts communal life. This is not a readily employed measure; however, it comes into play as a last resort when other measures have failed. The unit owner becoming unbearable and the transfer of the independent section (eviction) is specifically regulated by Condominium Law No. 634 (KMK). In this article, we delve into the topic in detail.
When Can the Transfer of an Independent Section Be Requested?
Article 25 of the KMK stipulates that if one of the unit owners, by failing to fulfill their debts and obligations, exhibits behavior that becomes unbearable for the other unit owners, then the transfer of that unit owner’s right of ownership over their independent section to the other unit owners can be requested through a lawsuit.
The law lists some behaviors as examples for unbearableness: persistently failing to fulfill their obligations to the unit owners, constantly and severely disrupting communal life, and repeatedly committing the same violations despite numerous warnings. For the legal text, you can refer to the page of Condominium Law No. 634 on mevzuat.gov.tr.
Conditions for the Transfer Lawsuit
For this severe sanction to be applied, certain conditions must be met concurrently. It is required that the state of unbearability be continuous, that the homeowner has been warned beforehand, and that the behavior persists despite this. The lawsuit can be filed upon the decision of the board of apartment owners and with the majority stipulated by law. If the court concludes that the conditions have been met, it may decide on the transfer of the independent section to the other apartment owners at its value at that date.
Situation Regarding Tenants or Occupants
If the person who has become unbearable is not the owner but a tenant or someone occupying under another capacity, the process works differently; in this case, eviction and related contractual provisions, along with the Condominium Law (KMK)’s regulations regarding the right to reside, come into play. In any case, documenting violations and the proper warning process are critically important.
Frequently Asked Questions (FAQ)
Can an apartment owner’s flat be taken away? Yes, but only in very exceptional circumstances. According to KMK Art. 25, the transfer of the independent section of an apartment owner who has become unbearable to other owners can be sought through a lawsuit.
What conditions are required for a transfer lawsuit? The unbearable situation must be continuous, a prior warning must have been given, and violations must persist despite this, along with a board decision.
Is not paying dues a standalone reason for transfer? Not paying dues is a matter for enforcement and litigation in itself; however, for a transfer, a persistent breach of obligation must reach the level of unbearability.
If a transfer decision is made, does the owner receive their money? Yes. The independent section is transferred at its value on that date; the owner receives this amount.
Why is Expert Lawyer Support Necessary?
The transfer of an independent section is the most complex and technical lawsuit in condominium law; without proving the condition of intolerability, a proper warning process, and a correctly made board decision, no outcome can be achieved.
As 2M Law Office, we are with you in condominium disputes not only during the litigation phase but from the very beginning of the process that gives rise to the dispute. Our main services include:
Within the scope of Istanbul residential complex and apartment consultancy, legally structuring intolerability and warning processes,
Before the transfer lawsuit, preparation of extraordinary general assembly meeting notices and invitations for condominium owners,
Preparation of residential complex meeting invitations and minutes; proper drafting of ordinary and extraordinary meeting minutes,
Conducting meetings and votes in accordance with the Condominium Law (KMK), proper adoption of decisions and accurate calculation of quorums,
Litigation and representation in lawsuits for the transfer of an independent section due to intolerability, warning, and eviction.
With our experienced condominium lawyers and condominium law attorneys team; we are here for your needs as Istanbul condominium law lawyers and Tuzla condominium lawyers. To get to know our team, you can visit our team page, and to have your case evaluated, you can contact us.
