As a law firm operating in Tuzla, Istanbul, we frequently receive legal questions regarding issues such as apartment management, site maintenance fees, common area renovations, and the rights of unit owners. Among the most frequently asked questions is whether unit owners are obliged to contribute to luxurious or non-essential common area expenses. In this article, we thoroughly address the obligation to contribute to expenses related to luxurious or very costly innovations and additions, as covered by Article 43 of the Condominium Law, which can often lead to disputes between site managements and unit owners.
Article 43 of the Condominium Law contains an important provision regulating the obligations and rights of condominium owners regarding participation in expenses, according to the nature of the planned innovations and additions. The article primarily stipulates the evaluation of the nature of the desired innovations or additions. If these innovations are very costly, meaning if their implementation requires a high economic cost, or if they are considered luxurious in terms of the general condition and nature of the building, mandatory participation of condominium owners in these expenses will not apply. Furthermore, the fact that these innovations are not located in areas or passages mandatorily used by all condominium owners of the main property also affects this situation. If these conditions are met, a condominium owner who does not wish to benefit from the innovation is not obliged to participate in these expenses. Thus, it becomes possible to carry out luxurious or very costly innovations that are not for the common benefit of everyone, without creating a mandatory expense obligation for condominium owners. (Art. 43)
However, for such innovations and additions to be carried out, condominium owners must decide by majority vote. That is, a majority must be secured in the general assembly for the innovation to proceed, and only the condominium owners who participate in this decision are obliged to contribute to the expenses. This prevents minority owners who do not wish to benefit from the innovation from being forced to contribute to the expenses. Thus, while decisions are made by the will of the majority within the common decision-making mechanism, minority rights are also protected.
The Supreme Court has repeatedly emphasized that the consent of the condominium owner is essential for luxurious or very costly innovations, and participation in expenses cannot be made mandatory for such innovations that are not necessary for common use. For example, it is accepted that if innovations such as the installation of a security camera system, the renovation of a parking lot roof, the reconstruction of an elevator, or thermal insulation, despite being of a nature to facilitate common living, are considered luxurious or very costly, owners who did not consent to the decision to undertake these innovations cannot be required to contribute to these expenses.
On the other hand, it has been stated that in some cases, works such as thermal insulation (cladding) and elevator renewal may be considered within the scope of mandatory maintenance, protection, and repair and thus may not be regarded as innovations or additions, and in such cases, all condominium owners must contribute in proportion to their land shares. According to the Supreme Court, an expert examination is required to determine this, i.e., to ascertain whether it is (mandatory maintenance/repair, a beneficial innovation, or a luxurious/very costly innovation).
The article also provides a right arrangement for condominium owners who initially did not participate in innovation or additional expenses, should they wish to benefit from these innovations later. If the condominium owner or their heirs, who acquired the ownership right, subsequently contribute to the expenses they did not previously participate in, in proportion to their land shares, they acquire the right to benefit from the luxurious innovation or addition made. This provision aims to prevent potential legal disputes in common living and to enable owners to benefit from innovations provided they make an economic contribution.
In conclusion, Article 43 of the Condominium Law regulates the obligations and rights of condominium owners in a balanced manner regarding luxurious or very costly innovations and additions. The article primarily provides protection based on individual consent by not imposing mandatory expenditure obligations on condominium owners for such innovations. Furthermore, it ensures the functionality of the joint decision-making mechanism by requiring a majority decision for innovations to be made and by stipulating that only those who agree to this decision contribute to the expenses. Finally, the right of condominium owners who initially did not contribute to the expenses to benefit from the innovation later, provided they contribute proportionally to their land share, prevents future disputes and makes sustainable communal living possible.
Note: Issues such as condominium ownership, apartment management, landlord-tenant relationships, and the collection of common expenses are areas that require not only practical but also technical and legal knowledge. The method to be applied may vary for each apartment building or complex. Therefore, to prevent loss of rights that may occur in complex managements and to manage the process correctly, it is strongly recommended that you seek professional support from a specialized lawyer in this field.
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