1. General Rule and Legal Basis

Article 20 of Law No. 634 on Condominium Ownership (KMK) is the fundamental provision regulating the obligation of condominium owners to contribute to common expenses. As emphasized in Supreme Court decisions (20. HD-2019/3963, 18. HD-2012/8590); condominium owners, unless there is another agreement between them (such as a provision in the management plan, etc.), are obliged to contribute to all common expenses of the main immovable property and to the advance payment to be collected for these expenses, in proportion to their land shares.

Pursuant to Article 20/c of the KMK, condominium owners cannot avoid paying their share of expenses and advances by claiming that they waive their right to use common areas or facilities, or that they do not need or require to benefit from them due to the condition of their independent section. This provision constitutes a legal obstacle to the claims of shop and workplace owners on the ground floor for exemption from common charges and common expenses, on the grounds that they do not use the interior of the building or do not need an elevator (20. HD-2017/4437, 18. HD-2014/2542K).

2. Binding Nature of the Management Plan and Exemption Status

According to Supreme Court practice, the primary determining document for participation in common expenses is the management plan registered in the title deed.

If There is No Exemption Clause: Unless there is a provision in the management plan stating that shops are exempt from common expenses, shop owners are responsible for all general expenses. Decisions made by the board of apartment owners to exempt shops from expenses without a provision in the management plan are unlawful and must be annulled (18. HD-2011/10563).

If There is an Exemption Clause: If there is an explicit provision in the management plan stating that ground floor or shop owners will be exempt from certain expenses (e.g., elevator maintenance and operating costs), this provision is valid, and the owner cannot be held responsible for these expenses (18. HD-2013/2726, 18. HD-2015/3119).

Limit of Exemption: The exemption of shop owners from some common expenses (stair cleaning, vending machine electricity, etc.) in the management plan does not constitute a violation of the mandatory provisions of the law (18. HD-2003/320). However, exemptions in the management plan are generally for “maintenance and operating” expenses; capital expenditures such as the “renewal” or “construction” of an elevator are the responsibility of all apartment owners in accordance with Articles 19 and 20 of the Condominium Law (KMK), unless there is an explicit provision to the contrary in the management plan (18. HD-2013/1165, 18. HD-2009/13255).

3. Application Examples and Technical Details

Elevator and Electricity Expenses: Objections claiming that ground-floor businesses do not benefit from elevator and concierge services, or from common electricity and water, constitute grounds for the dismissal of the case as per Article 20/c of the Condominium Law (KMK) (20. HD-2017/4437).

Heating Expenses: The fact that the independent section is used as a storage unit or does not have a heating system/radiators does not exempt the owner from common expenses and, unless otherwise stipulated in the management plan, from fuel costs (18. HD-2013/18663). If there is a heating system in the approved project, the owner is obliged to contribute to the expenses even if they do not install radiators of their own volition (18. HD-2010/12689).

Fuel System Separation: If in the main property the fuel systems for shops and residences are completely separated according to the approved architectural project, shop owners may not be responsible for fuel expenses; however, this situation does not negate the obligation to contribute to other common expenses such as lighting, cleaning, concierge, and management costs (18. HD-2011/6693Source).

4. Secondary Source Assessments

The decisions presented as secondary sources confirm the reflections of the general rule in different types of disputes:

Insulation and Repair: Expenses for the protection of common areas, such as exterior facade insulation (cladding), should be distributed among all owners in proportion to their land share, regardless of the location of the independent section (18. HD-2013/10975, 20. HD-2018/4598).

Commercial Buildings (Shopping Malls): The provisions of Article 20 of the Condominium Law (KMK) also apply to independent sections located in commercial buildings such as shopping malls (AVM), and participation in general expenses is mandatory unless otherwise agreed upon in the management plan (17. HD-2011/11943).

Concierge/Janitor Expenses: Regarding participation in janitor and stoker expenses, owners’ claims that they do not need to benefit from these services are invalid; according to Article 20/c of the Condominium Law (KMK), these expenses cannot be avoided (22. HD-2020/971, 20. HD-2019/465).

Management Plan Review: When evaluating shop owners’ claims of exemption, courts must obtain the current management plan and ascertain whether there is a specific provision exempting these owners from debt (18. HD-2014/10598, 20. HD-2017/4236).

Conclusion: In light of judicial decisions; ground floor shop and business owners cannot avoid common expenses on the grounds that they do not use the interior of the building or the elevator, as long as there is no explicit exemption clause in the management plan. Exemptions in the management plan are generally limited to operating expenses and do not cover major repair and construction costs.

Why is Expert Legal Support Necessary? | 2M Law Office – Istanbul Anatolian Side

Disputes regarding dues and common expenses for ground floor shops and businesses; require technical knowledge regarding the interpretation of the management plan, differentiation of expense types (operating–renewal), and correct application of Supreme Court precedents. Incorrect dues accruals or unlawful exemption decisions can lead to significant financial losses.

Especially in apartments, complexes, and commercial buildings located in the Istanbul, Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze regions; maintenance fee demands directed at shop owners frequently become the subject of lawsuits and enforcement proceedings.

Why is Expert Lawyer Support Important?

Legal interpretation of exemption provisions in the management plan,

Separation of routine expenses from substantial repair and renovation expenses,

Execution of objection and cancellation processes against erroneous maintenance fee accruals,

Supervision of enforcement proceedings initiated for common expense receivables,

Ensuring the return of retrospective unjust collections is only possible with the legal follow-up of a lawyer specialized in the field.

Secure Legal Process with 2M Law Office

2M Law Firm, based in Istanbul, provides effective and expert legal support in the regions of Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze; addressing disputes concerning dues, common expenses, and enforcement proceedings for ground-floor shop and workplace owners. In matters of common expenses, expert legal assistance is vital to prevent loss of rights and manage the process correctly.