Law No. 7579, adopted on May 7, 2026, and published in the Official Gazette dated May 22, 2026, made fundamental amendments to Articles 35, 37, and 70 of the Condominium Law (KMK) No. 634. In this guide, we examine the pre-amendment (old) and post-amendment (new) versions of each article, with their full texts in quotation marks, along with the amending legal provision and its impact on implementation.
Title: Law Amending the Land Registry Law and Certain Other Laws and Decree Law No. 375
Law No: 7579 • Date of Adoption: May 7, 2026
Official Gazette: May 22, 2026, No: 33261
Effective Date: May 22, 2026 (All of Articles 3, 4, and 5 related to KMK entered into force on the date of publication)
Amended KMK Articles: Art. 35/1-(d), Art. 37, Art. 70
1. General Framework: What Did Law No. 7579 Change?
7579 sayılı Kanun; İmar Kanunu, Yapı Denetimi Hakkında Kanun, Kooperatifler Kanunu, Kadastro Kanunu ve Tapu Kanunu dâhil 14 ayrı kanunda düzenleme yapan bir torba kanundur. Kat mülkiyeti hukuku bakımından üç noktada doğrudan etki doğurmuştur:
| Amendment | Relevant Condominium Law Article | Summary Effect |
|---|---|---|
| Law No. 7579, Art. 3 | Condominium Law Art. 35/1-(d) | The manager’s authority to collect advances indefinitely/in installments was limited by conditioning the collection of advances on the approval of the operational budget. |
| Law No. 7579, Art. 4 | Condominium Law Art. 37 | The authority to approve the operational budget was granted to the general assembly of condominium owners; the “becomes final if not objected within 7 days” mechanism was abolished; a temporary operational budget and a revaluation rate (YDO) ceiling were introduced. |
| Law No. 7579, Art. 5 | Condominium Law Art. 70 | The 4/5 (four-fifths) majority required for management plan amendment was reduced to a 2/3 (two-thirds) majority; it was stipulated that contrary provisions of the management plan would not be applied. |
2. Condominium Law Art. 35/1-(d) – Manager’s Authority to Collect Advances
Article 35 of the Condominium Law (KMK) lists the duties of the manager. Subparagraph (d) regulates the manager’s authority to collect advances from the homeowners. The phrase “collecting advances” in this subparagraph has been amended by Article 3 of Law No. 7579.
Amending provision (Law No. 7579, Art. 3)
Amending article
“ARTICLE 3- The phrase ‘the collection of an appropriate amount of money as an advance and, if this advance is spent and exhausted, the collection of another advance for the remaining works’ in subparagraph (d) of the first paragraph of Article 35 of the Condominium Law dated 23/6/1965 and numbered 634 has been changed to ‘the collection of the advance until the operating budget is approved’.”
Former version of subparagraph (d)
Former text
“d) For the general management affairs of the main property, and for maintenance works such as protection, repair, cleaning, and for the operation of elevators, heating, hot and cold air, and insurance, at the time specified in the management plan, or if no such time is specified, within the first month of each calendar year, the collection of an appropriate amount of money as an advance from the homeowners and, if this advance is spent and exhausted, the collection of another advance for the remaining works;”
New version of subparagraph (d)
New text
“d) Collection of advances from apartment owners until the operating plan is approved, at the time indicated in the management plan for the general management affairs of the main property, such as protection, repair, cleaning, and for the operation of elevators, heating, hot and cold air, and insurance, or if no such time is indicated, within the first month of each calendar year;”
Impact on practice
Under the old regulation, the manager could collect “advance again for remaining works” without any higher approval once the previous advance was spent; this created a basis for uncontrolled and indefinite advance collection in practice. With the new regulation, the authority to collect advances is tied to the approval of the operating plan. The manager will only be able to collect advances until the operating plan is approved; after the project is approved, collections will be based on the items in the project. This change should be read in conjunction with the amendment to Article 37 below.
3. Condominium Law (KMK) Article 37 – Operating Plan and Provisional Operating Plan
The most comprehensive aspect of the amendment is in Article 37. With Law No. 7579, Article 4; (i) the first paragraph has been rewritten, (ii) sub-paragraph (c) of the second paragraph has been amended, (iii) an addition has been made to the first sentence of the third paragraph, (iv) the second sentence of the third paragraph (7-day objection-finalization mechanism) has been repealed, and (v) a new paragraph (YDO ceiling) has been added to the article.
Amending provision (Law No. 7579, Article 4)
Amending article
“ARTICLE 4- The first paragraph and subparagraph (c) of the second paragraph of Article 37 of Law No. 634 have been amended as follows, the phrase ‘and a decision shall be taken at the general assembly for its acceptance, either as is or amended, within a maximum of three months’ has been added after the phrase ‘is notified’ in the first sentence of the third paragraph, its second sentence has been repealed and the following paragraph has been added to the article.”
“The operating plan is approved by the general assembly of condominium owners. If there is no operating plan approved by the board of condominium owners, the manager shall, without delay, prepare a temporary operating plan until it is approved by the board of condominium owners within a maximum of three months.”
“c) The amount of advance payment each condominium owner must make according to the principles in Article 20;”
Full old text of Article 37 (before amendment)
Old text
“Article 37 – (Amended: 13/4/1983 – Article 2814/12) If there is no operating plan approved by the board of condominium owners, the manager shall, without delay, prepare an operating plan.”
This plan specifically includes:
a) Estimated income and expenditure amounts for one year of the main immovable property’s management;
b) The estimated amount that will fall to each condominium owner from all expenses, according to the principles in Article 20 of this Law;
c) The amount of advance payment each condominium owner must make to cover estimated expenses and other possible expenses, according to the principles in Article 20;
Are shown. This plan is notified to the condominium owners or those who actually benefit from the independent section, against their signatures or by registered mail. If an objection is made to the plan within seven days from the date of notification, the situation is examined by the board of condominium owners, a decision is made regarding the plan, and if necessary, a new plan is prepared.
Finalized operating plans or decisions of the board of apartment owners regarding operating expenses are considered among the documents specified in the first paragraph of Article 68 of the Enforcement and Bankruptcy Law.”
New (after amendment) Version of Article 37
New Text
“Article 37 – The operating plan is approved by the general assembly of apartment owners. If there is no operating plan approved by the board of apartment owners, the manager shall, without delay, prepare a temporary operating plan until it is approved by the board of apartment owners, at the latest within three months.
Specifically, this project includes:
a) Estimated income and expense amounts for one year of management of the main real estate;
b) The estimated amount falling to each apartment owner from all expenses, according to the principles in Article 20 of this Law;
c) The amount of advance payment each apartment owner must make according to the principles in Article 20;
These are indicated. This project is notified to the apartment owners or those actually benefiting from the independent section, either against their signatures or by registered mail and a decision for its acceptance, either as is or with amendments, is made at the general assembly within three months at the latest.
(Old 2nd sentence – 7-day objection/finalization – has been repealed.)Finalized operating plans or decisions of the board of apartment owners regarding operating expenses are considered among the documents specified in the first paragraph of Article 68 of the Enforcement and Bankruptcy Law.
(Additional paragraph:) If there is an existing management plan, the fee stipulated for the provisional management plan, effective from the beginning of the calendar year, shall be determined annually not to exceed the revaluation rate established and announced in accordance with the provisions of repeated Article 298 of the Tax Procedure Law dated 4/1/1961 and numbered 213, in relation to the previous year’s existing management plan fee, and shall be presented to the board of homeowners in the manner determined above.”
Paragraph by paragraph comparison
| Topic | Old Status | New Status |
|---|---|---|
| Approval Authority | The project prepared by the manager would automatically become final if no objection was raised. | The operating project is approved at the general meeting of the condominium owners. |
| Finalization Mechanism | The project would become final if no objection was raised within 7 days from the notification. | The 7-day objection-finalization clause has been abolished. The project is approved as is/amended at the general meeting within a maximum of 3 months. |
| Temporary Operating Project | There was no clear concept of a “temporary operating project”. | If there is no approved project, the manager prepares a temporary operating project without delay; this project is submitted for general meeting approval within a maximum of 3 months. |
| Advance Increase Ceiling | There was no legal upper limit. | If an existing project is in place, the amount in the temporary project cannot exceed the revaluation rate (YDO) of the previous year’s amount. |
| Subparagraph (c) | “For each condominium owner to cover estimated expenses and other possible expenses…” | “The amount of advance payment each condominium owner must make according to the principles in Article 20;” (simplified) |
Application note (regarding enforcement proceedings): The provision regarding “finalized management plans or decisions of the board of unit owners concerning operating expenses” being considered as documents under Article 68/1 of the EBL has been preserved. However, the basis for finalization is no longer “failure to object within 7 days,” but rather general assembly approval. This directly affects the nature of the supporting document in enforcement proceedings initiated for the collection of maintenance fees and in actions for the annulment of objections: it has become critical for managements to have a management plan / board decision approved by the general assembly in their possession.
Functioning of the Revaluation Rate (YDO) Ceiling
The new paragraph introduces a ceiling that applies only “if there is an existing management plan.” If the existing plan is insufficient, the manager cannot determine the cost in the temporary management plan they prepare to be more than the revaluation rate announced for the previous year according to Tax Procedure Law (VUK) repeated Article 298 of the current plan’s cost. This temporary plan is also submitted for general assembly approval within three months at the latest. In practice, this means that interim increases unilaterally determined by the manager are limited by the YDO; while the main (permanent) management plan is directly determined by the will of the general assembly.
4. CCP Article 70 – Quorum for Amending the Management Plan (4/5 → 2/3)
CCP Article 70 regulates the nature of the management plan and the procedure for its amendment. With Article 5 of Law No. 7579, the phrases “four-fifths” in the first and second paragraphs of the article have been changed to “two-thirds,” and a new paragraph has been added to the article.
Amending provision (Law No. 7579, Article 5)
Amending Article
“ARTICLE 5- The phrases ‘four-fifths’ in the first and second paragraphs of Article 70 of Law No. 634 have been changed to ‘two-thirds’ and the following paragraph has been added to the article. ‘Provisions of management plans that contradict this article shall not be applied.’“
Former Version of the Relevant Provision
Former Text
“The management plan constitutes a contractual provision binding on all floor owners. For the amendment of the management plan, the vote of four-fifths of all floor owners is required. The right of floor owners to apply to the court in accordance with Article 33 is reserved. (…)”
New Version of the Relevant Provision
New Text
“The management plan constitutes a contractual provision binding on all floor owners. For the amendment of the management plan, the vote of two-thirds of all floor owners is required. The right of floor owners to apply to the court in accordance with Article 33 is reserved. (…)
(Additional paragraph:) Provisions of management plans that contradict this article shall not be applied.“
Accuracy note: According to the amending legal provision, since the phrase “four-fifths” was located in both the first and second paragraphs of the article, it has been changed to “two-thirds” in both places. Before publishing the article, it is recommended to confirm the consolidated full text of article 70 via mevzuat.gov.tr.
| Subject | Former State | New State |
|---|---|---|
| Amendment Quorum | 4/5 (four-fifths) vote of all flat owners | 2/3 (two-thirds) vote of all flat owners |
| Conflicting Management Plan Provision | More stringent quorum provisions in the management plan could be applied. | “Provisions of management plans contrary to this article shall not be applied.” → Even if 4/5 is written in the plan, the statutory 2/3 ratio is applied. |
Effect on implementation (especially multi-unit developments)
In sites consisting of hundreds/thousands of independent sections, reaching a 4/5 majority was virtually impossible; this blocked the updating of management plans. The 2/3 ratio significantly facilitates management plan amendments. Thanks to the rule that “contrary provisions shall not apply”, even if there is a 4/5 majority requirement in the current management plan, the legal ratio of 2/3 will now be taken as a basis. In processes carried out through the collective building representatives’ board, this ratio is calculated based on the number of represented independent sections.
5. Entry into Force and Transition Period
Law No. 7579, regarding its provisions concerning the Condominium Law (KMK), entered into force on May 22, 2026 (on the date of publication). Although some articles of the Law (for example, the provision added to Law No. 4708 concerning ground and foundation surveys and the first paragraph of Article 24 of the Law) will enter into force on December 31, 2026, the amendments to KMK Articles 35, 37, and 70 are applied as of May 22, 2026.
As a rule, laws do not apply retroactively: general assembly decisions properly taken before May 22, 2026, and finalized operating budgets retain their validity. However, operating budget approvals, temporary operating budgets, and management plan amendments made after this date are subject to the new provisions.
Why is Expert Legal Support Necessary?
The amendments introduced by Law No. 7579 lead to results that directly impact implementation, such as making the operating budget subject to general assembly approval, the YDO ceiling in the temporary operating budget, and the reduction of the management plan quorum to 2/3. In these processes:
• Preparation of general assembly agendas and operating projects in accordance with new article 37,
• Inspection of the compliance of the price increase in the provisional operating project with the YDO limit,
• Enforcement proceedings and lifting of objections with the correct supporting document in the collection of dues/common expense receivables,
• Lawful execution of management plan amendments according to the 2/3 quorum,
is important for reducing the risk of legal error.
For legal support in condominium ownership and site/apartment management disputes in the Tuzla, Pendik, Kartal, Maltepe districts on the Anatolian Side of Istanbul and in the Gebze, Darıca areas on the Kocaeli line, you can contact 2M Hukuk Law Office. Contact →
6. Frequently Asked Questions
Which 2026 law amended the Condominium Law?
It is the Law on Amending the Title Deed Law No. 7579 and Certain Laws and Decree Law No. 375. It was adopted on May 7, 2026, and entered into force upon its publication in the Official Gazette dated May 22, 2026, and numbered 33261. It amended articles 35, 37, and 70 of the KMK. How does the operating project become final now? Does the “objection within 7 days” rule still apply?
No. The mechanism “it becomes final if no objection is raised within seven days starting from the notification” in the third paragraph of Article 37 has been abolished. In the new regulation, the management plan is approved by the general assembly of condominium owners; if there is no approved plan, the manager prepares a temporary management plan, and this project is approved by the general assembly, either as is or with amendments, within three months at the latest. Can the manager increase the dues as much as they want in the temporary management plan?
No. If there is an existing management plan, the amount in the temporary management plan cannot exceed the revaluation rate (YDO) announced for the previous year for the current project amount, in accordance with VUK repeated Article 298. Furthermore, this temporary project must also be submitted for general assembly approval within three months at the latest. What majority is now required for a change in the management plan?
The majority required for changing the management plan has been reduced from four-fifths (4/5) to two-thirds (2/3) of all condominium owners. Furthermore, since provisions of management plans contrary to this article will not be applied, the statutory 2/3 ratio will be taken as a basis, even if the plan states a 4/5 condition. When did these changes come into effect?
The amendments to Articles 35, 37, and 70 concerning the Condominium Law (KMK) are in effect as of May 22, 2026 (Official Gazette publication date). Are decisions on dues/management plans made before May 22, 2026, now invalid?
No. As a rule, laws are not retroactive. General assembly decisions and finalized management plans properly adopted before this date retain their validity; new provisions apply to transactions after this date.
Legal Disclaimer: This content is for general informational purposes only; it does not constitute legal advice regarding a specific dispute or create an attorney-client relationship. The article texts are based on the consolidated text of Law No. 634, as amended by Law No. 7579, published in the Official Gazette dated May 22, 2026, and numbered 33261. It is recommended that you seek support from a lawyer, taking into account current legislation and jurisprudence for your specific case. For the full consolidated text: mevzuat.gov.tr (Law No. 634).
