Every general assembly decision taken in an apartment building or complex is binding on all unit owners, including those who did not attend the meeting or voted against it (Condominium Law art. 32). This binding nature is strong; however, it is not unlimited. If the decision taken is contrary to the law, the management plan, or the rule of good faith, you are not obliged to abide by it. The lawsuit for annulment of general assembly decisions is the most fundamental recourse for a unit owner against unlawful decisions. In this article, we meticulously examine which decisions can be annulled, the lawsuit period, the competent court, the issue of party status, and the impact of the updated changes in 2026.
Why Are Decisions of the Unit Owners’ Board Binding?
The unit owners’ board is the supreme decision-making body of the main real estate property, and its duly taken decisions are recorded in a decision book and signed (Condominium Law art. 32). These decisions are binding on the unit owners, their universal and partial successors, the manager, and the auditor (Condominium Law art. 32). Precisely because of this strong binding nature, it is of great importance to annul an unlawful decision within the prescribed period; otherwise, the decision becomes final and enforceable.
Which Decisions of the Unit Owners’ Board Can Be Annulled?
The right to file a lawsuit against decisions taken by the board is regulated (Condominium Law art. 33). Decisions that can be annulled are mainly grouped into three categories:
1. Decisions contrary to law: Decisions contrary to the mandatory provisions of the Condominium Law can be annulled. For example, the allocation of common areas to a single person without unanimity (Condominium Law art. 16), not observing legal quorums (Condominium Law art. 30), or granting an unlawful exemption to the manager (Condominium Law art. 20) falls within this scope.
2. Decisions contrary to the management plan: Administrative or financial decisions that are clearly contrary to the management plan, which serves as the “constitution” of the site, can be annulled (Condominium Law art.28). We discussed the details of management plan violations in our article titled “Are Decisions Contrary to the Management Plan Binding?”.
3. Decisions contrary to the rule of honesty (good faith): Decisions that favor certain owners, are arbitrary, or constitute an abuse of right are also subject to annulment.
Annulment Lawsuit Filing Period: A One-Month Critical Limit
The most common cause of loss of rights in annulment lawsuits is the time limit (Condominium Law art.33). Accordingly:
A flat owner who attended the meeting and voted negatively on the decision, must file a lawsuit within one month from the date of the decision (Condominium Law art.33).
An owner who did not attend the meeting or learned about the decision later, can file a lawsuit within one month from the date of learning and in any case, within six months from the date of the decision (Condominium Law art.33).
These periods are peremptory; if missed, the lawsuit will be dismissed. The only exception is if the decision contains such severe defects as to be considered “null and void” (for example, minutes being drawn up without any meeting ever taking place); in this case, a declaratory lawsuit may be brought regardless of the time limit. For the official basis of these periods, you can refer to the current text of Law No. 634 on mevzuat.gov.tr.
Competent and Authorized Court, Parties to the Case
In lawsuits for the annulment of general assembly resolutions, the competent court is the civil court of peace located where the main immoveable property is situated (Condominium Law, Article 33). This rule applies regardless of the monetary value of the dispute. Regarding the defendant, the lawsuit must be directed to the board of apartment owners (in practice, to the manager and/or other apartment owners) that made the decision; precision is essential in this matter, as incorrect identification of the defendant can lead to the dismissal of the case.
Impact of the 2026 Amendment on General Assembly Resolutions
Law No. 7579, published in the Official Gazette dated May 22, 2026, and numbered 33261, introduced significant amendments to the Condominium Law directly concerning general assembly resolutions:
The operating plan is now approved by the general assembly of apartment owners (Condominium Law, Article 37). If there is no approved operating plan, the manager prepares a temporary operating plan; this plan must be approved by the board within three months at the latest (Condominium Law, Article 37). For the full topic, you can review our article “How Are Dues Determined If an Operating Plan Is Not Prepared?”
The majority required for a management plan amendment in collective buildings has been reduced from “four-fifths” to “two-thirds” with the amendment made to Article 70 of the Condominium Law (Condominium Law, Article 70). Provisions to the contrary in management plans are no longer applicable (Condominium Law, Article 70).
These amendments are crucial for evaluating the legality of decisions, especially those concerning increases in dues/advances and management plan updates. Unilateral increases in dues made without an approved operating plan can now be more easily annulled. We have explained this topic in detail in our article “How to Object If Dues Are Determined Irregularly or an Exorbitant Increase Is Made?”
Points to Consider in an Annulment Lawsuit
There are several critical aspects for the success of an annulment lawsuit. Firstly, it is very important for proving that you voted against the decision to be recorded in the meeting minutes (decision book) (Condominium Law Article 32). Secondly, when filing a lawsuit, the proper party must be targeted. Thirdly, along with the annulment request, if necessary, the suspension of the decision’s enforcement (precautionary measure) should also be considered; because an annulment lawsuit alone does not automatically stop enforcement proceedings or the execution of the decision.
Frequently Asked Questions (FAQ)
I did not attend the meeting, can I still file an annulment lawsuit? Yes. An owner who did not attend the meeting can file a lawsuit within one month from the date they learned of the decision, and in any case, within six months from the date of the decision (Condominium Law Article 33).
I voted in favor of the decision but regretted it, can I request annulment? As a rule, no. An annulment lawsuit can be filed by owners who voted against the decision or who did not attend the meeting (Condominium Law Article 33).
In which court is an annulment lawsuit for a general assembly decision filed? It is filed in the civil court of peace located where the main real estate is situated (Condominium Law Article 33).
Does filing an annulment lawsuit stop enforcement proceedings? It does not stop them automatically. However, a precautionary measure can be requested along with the lawsuit to stop the enforcement of the decision.
If the one-month period has passed, is there no remedy at all? The period is preclusive; however, if the decision has such severe defects that it is considered “null and void,” a declaratory lawsuit can be filed regardless of the time limit. This assessment must absolutely be made by a lawyer.
Why is Expert Legal Support Necessary?
The annulment of general assembly decisions is one of the most critical types of lawsuits where “managing time” is paramount due to the one-month preclusive period. The correct determination of the legal grounds on which a decision is flawed, the collection of evidence, and the proper directing of the litigation require expertise.
As 2M Hukuk Law Office, we stand by you in condominium disputes not only during the litigation phase but also from the very beginning of the process that gives rise to the dispute. Our main services include:
Within the scope of Istanbul complex and apartment consultancy, the legal structuring of management and decision-making processes from start to finish,
Preparation of notices and invitations for extraordinary general assembly meetings of property owners for the election/change of manager,
Preparation of complex meeting invitations and minutes; proper arrangement of ordinary and extraordinary meeting minute drafts,
Conducting meetings and votes in accordance with the Condominium Law (KMK), proper adoption of decisions, and correct calculation of quorums,
Annulment of general assembly decisions, stay of execution (injunction), and litigation follow-up and representation in related cases.
With our experienced condominium law attorney and condominium property law attorney staff; we are by your side for your Istanbul condominium law attorney and Tuzla condominium attorney needs. To get to know our team, you can review our team page, and to have your case evaluated, you can contact us.
