The legal situation concerning the operational plan is summarized below, in light of the latest amendments made to Article 37 of the Condominium Law (KMK) No. 634 and established judicial precedents:
1. 2026 Legislative Amendment (Law No. 7579)
The amendments made to Article 37 of the KMK by Law No. 7579, dated 07.05.2026, are as follows:
Temporary Operational Plan: If there is no operational plan approved by the board of apartment owners, the manager is obliged to immediately prepare a “temporary operational plan”.
Three-Month Approval Period: The obligation has been introduced for a decision to be made by the general assembly for this temporary plan to be accepted as is or with modifications within three months at the latest.
Increase Rate Limit (Revaluation Rate): While an existing operational plan is in place, the price increase stipulated in the prepared temporary plan cannot exceed the revaluation rate for the previous year (VUK add. art. 298). This regulation has set a legal ceiling for maintenance fee increases.
2. Legal Consequences of Not Preparing an Operational Plan
Effect on Principal Debt: The fact that the operational plan has not been prepared or notified does not relieve the apartment owner of the obligation to pay common expenses (dues). According to KMK Article 20, participation in expenses is a fundamental debt (Court of Appeals 20th Civil Chamber, 2017/8980 Pr.).
Late Payment Penalty: For the 5% late payment penalty to be applied, it is required that the operating plan or the contribution decision has been duly served to the flat owner or that the owner has attended the meeting where this decision was made (Court of Cassation 18th Civil Chamber, 2014/13897 E.).
Enforcement Proceedings (EBL Art. 68): Finalized operating plans are considered among the documents forming the basis for “definitive removal of objection” pursuant to Article 68/1 of the Enforcement and Bankruptcy Law. If the project is not duly served and finalized, this possibility cannot be utilized.
3. Points to Consider in Practice
Notification Procedure: The operating plan must be notified to the flat owners or those actually benefiting from the independent section (tenants, etc.) against their signature or by registered letter.
Objection Period: If no objection is raised to the project within 7 days from the notification, the project becomes final.
Management Plan Priority: Regarding whether the operating plan should be served to the tenant, the provisions in the management plan are primarily consulted (Court of Cassation 20th Civil Chamber, 2019/6142 E.).
General Assembly Decision: If the operating plan has been directly discussed and accepted by the board of flat owners, this decision is considered an operating plan and there is no need for separate notification (Court of Cassation 12th Civil Chamber, 2012/5966 E.).
In conclusion; with the 2026 amendment, the process for managers to prepare the management plan has been tied to a strict schedule, and exorbitant fee increases have been limited by the revaluation rate. Although the absence of the plan does not remove the payment obligation, it procedurally restricts the manager’s authority to initiate enforcement proceedings and claim late payment compensation.
1. 2026 Legislative Amendment (Law No. 7579)
According to the amendments made to Article 37 of the Condominium Law (KMK) No. 634, by Law No. 7579 dated 07.05.2026, the process for preparing the management plan has been based on new principles:
Temporary Management Plan: If there is no management plan approved by the board of apartment owners, the manager is obliged to prepare a “temporary management plan” without delay.
Three-Month Approval Process: A requirement has been introduced for the general assembly to decide on the prepared temporary project, to be accepted as is or modified, within a maximum of three months.
Increase Rate Limit (Revaluation Rate): The price increases foreseen in the temporary project prepared while an existing management plan is in place cannot exceed the revaluation rate for the previous year (Tax Procedure Law, Art. 298). With this regulation, a legal ceiling has been placed on fee increases.
2. Impact of Failure to Prepare a Management Plan on the Principal Debt
The established precedents of the Supreme Court consistently emphasize that the failure to prepare or notify the management plan does not relieve the apartment owner of the principal debt.
Payment Obligation: The absence of an operating plan or its improper notification does not relieve the condominium owner from the responsibility of paying common expenses in accordance with Article 20 of the Condominium Law (KMK). Participation in common expenses is a fundamental obligation for the management of the main property (Supreme Court 20th Civil Chamber, 09.11.2017, 2017/8980 E. – 2017/9136 K.; Supreme Court 18th Civil Chamber, 21.06.2012, 2012/6268 E. – 2012/7712 K.).
Scope of Responsibility: Even if no decision has been made by the board of condominium owners, condominium owners and those who benefit from the independent section based on a lease agreement or any other reason are responsible for common expenses (Supreme Court 20th Civil Chamber, 2017/8980 E.).
3. Notification Procedure and Finalization Process
For the operating plan to have legal consequences and become final, certain procedures must be followed:
Notification Method: The project must be notified to the condominium owners or those actually benefiting from the independent section, either against their signature or by registered mail (Kayseri Regional Court of Justice 3rd Civil Chamber, 02.11.2023, 2022/2664 E. – 2023/1853 K.).
Objection Period: If no objection is made to the project within 7 days from the notification, the project becomes final (Supreme Court 18th Civil Chamber, 05.03.2015, 2014/13740 E. – 2015/3393 K.).
General Assembly Decision Exception: If the management plan has been directly discussed and accepted by the board of apartment owners, this decision is considered a management plan and does not require separate notification (Yargıtay 12. HD, 28.06.2012, 2012/5966 E. – 2012/22987 K.; Hukuk Genel Kurulu, 02.03.2005, 2005/59 E. – 2005/130 K.).
Tenants’ Status: Regarding whether the management plan should be served to the tenant, the provisions of the management plan are primarily examined. If there is no provision in the management plan, an optional right is exercised in accordance with Article 37 of the Condominium Law (KMK) (Yargıtay 20. HD, 23.06.2020, 2019/6142 E. – 2020/2067 K.).
4. Consequences Regarding Enforcement Proceedings and Default Penalties
The conformity of the management plan to procedure is crucial, especially concerning enforcement proceedings and accessory claims:
Definitive Removal of Objection (İİK Art. 68): Finalized management plans are considered among the documents forming the basis for “definitive removal of objection” in accordance with Article 68/1 of the Execution and Bankruptcy Law (İİK). If the plan is not properly served and finalized, this opportunity cannot be utilized (Yargıtay 12. HD, 12.12.2013, 2013/30802 E. – 2013/39753 K.).
Condition for Default Penalty: For the 5% default penalty to be applied, it is a condition that the apartment owner either attended the meeting where the dues were determined or that the decision/plan was duly served to them (Yargıtay 18. HD, 25.09.2014, 2014/13897 E. – 2014/13280 K.).
Interest in the Absence of Notification: In cases where the management plan has not been notified, default interest can only be initiated from the date the payment order was notified (Supreme Court 20th Civil Chamber, 27.09.2017, 2017/4390 E. – 2017/6922 K.).
5. Summary Table: Status and Legal Consequences of the Management Plan
| Status | Principal Debt Liability | Late Payment Compensation (5%) | Considered as EBL Art. 68 Document |
|---|---|---|---|
| Project Prepared and Notified | Exists | Starts from the date of notification/learning | Yes (If finalized) |
| Project Prepared But Not Notified | Exists | Does not start (Starts with the payment order) | No |
| Project Never Prepared | Exists | Does not start | No |
| Project Accepted in General Assembly | Exists | Starts from the date of decision | Yes (Notification not required) |
| 2026 Provisional Project (Prepared by Manager) | Exists | Subject to notification requirement | Subject to approval process |
In conclusion; with the 2026 amendment, the process for managers to prepare the operational project has been tied to a strict timeline, and exorbitant fee increases have been limited by the revaluation rate. Although the absence of the project does not eliminate the payment obligation, it procedurally restricts the manager’s authority to initiate enforcement proceedings and demand late payment compensation. For courts to render a judgment, the original operational project, management plan, and notification documents must be submitted to the file (Supreme Court 20th Civil Chamber, 04.10.2018, 2017/2129 E. – 2018/6342 K.).
Frequently Asked Questions
1. Am I obligated to pay fees if no operational project has ever been prepared?
Yes. The fact that the operational project has not been prepared does not eliminate the obligation to contribute to common expenses, as per Article 20 of the Condominium Law. However, this situation may affect some of the manager’s rights regarding late payment compensation and enforcement proceedings.
2. Can fees be increased without limit with the 2026 regulation?
No. With Law No. 7579, increases in the temporary operational project to be prepared while an existing operational project is in place cannot exceed the previous year’s revaluation rate. Thus, a legal limit has been placed on exorbitant fee increases.
3. Do I pay late payment compensation if the operational project was not notified to me?
As a rule, no. If the operational project or the fee decision has not been duly notified, or if the owner did not attend the meeting, the application of 5% late payment compensation may not be possible.
4. Does the fee decision approved at the general assembly also need to be notified separately?
If the condominium owner attended the meeting and the decision was duly made in the general assembly, this decision is considered equivalent to a management plan and no separate notification is required.
5. Within how many days can I object to the management plan?
An objection can be raised within 7 days from the date the management plan is duly notified. If no objection is raised within this period, the management plan becomes final and begins to produce its legal effects.
Why is Expert Lawyer Support Necessary?
The legal validity of a management plan depends on its proper preparation, due notification, and finalization. A small notification error can lead to the loss of 5% default interest and the right to object; while an incorrect/illiquid calculation can result in the annulment of enforcement proceedings. The temporary project schedule and revaluation rate ceiling after 2026 also require careful attention. Accurate documentation and precise determination of the default date are key to the secure collection of receivables.
2M Hukuk Law Office provides support to apartment and site managements along the Tuzla, Pendik, Kartal, Maltepe and Gebze/Kocaeli line in matters of condominium and site management law, management plan preparation/notification, collection of unpaid dues through enforcement, and lawsuits for annulment/lifting of objections. For an evaluation regarding your specific case: 2mhukuk.com
This article is for general informational purposes only; it does not constitute legal advice or attorney services. Every dispute should be evaluated under its unique circumstances.
Resources and Our Related Articles
Official sources: Condominium Law No. 634 (mevzuat.gov.tr) · Law No. 7579 (22.05.2026 Official Gazette)
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