Introduction

This study has been prepared based on presented judicial decisions and documents, in response to the question, “What is included in the communal fees?” The study analyzes the legal framework of common expenses, known as communal fees, the specific expense items mentioned in judicial decisions, the factors determining the scope of these expenses, and the different perspectives arising in practice. Although the primary legal basis is Law No. 634 on Condominium Ownership (KMK), factors such as management plans, general assembly resolutions, and the nature of the property are observed to shape the content of the communal fees.

1. Legal Framework: Condominium Ownership Law Article 20

The vast majority of the examined decisions refer to Article 20 of the KMK, which forms the basis of the obligation to participate in common expenses. This article establishes a fundamental distinction regarding how expenses are to be shared among condominium owners according to their nature.

Expenses Requiring Equal Contribution: As frequently reiterated in Supreme Court decisions, unless unit owners have a different agreement among themselves; “for the expenses of concierges, heating technicians, gardeners, and guards, and for the advances to be collected for these, equally” are obliged to contribute (Supreme Court 18th Civil Chamber, E. 2013/11645, K. 2013/15247; Supreme Court 9th Civil Chamber, E. 2021/423, K. 2021/7662).

Expenses Requiring Contribution in Proportion to Land Share: For general expenses other than personnel costs, the basic rule is contribution in proportion to the land share. These expenses include; “insurance premiums of the main property, maintenance, protection, reinforcement, and repair expenses of all common areas, as well as other expenses like the manager’s salary, and operating expenses of common facilities, and advances to be collected for expenses, in proportion to their land share” contribution (Supreme Court 20th Civil Chamber, E. 2019/3375, K. 2019/6680; Supreme Court 18th Civil Chamber, E. 2013/4444, K. 2013/6802).

2. Common Expense Items Listed in Judicial Decisions

Judicial decisions concretize the expense items abstractly stated in the Condominium Law (KMK). The main expenses considered within the scope of dues in the reviewed documents are as follows:

Personnel Expenses: Concierge, gardener, guard, security officer, technician, manager fees, salaries and insurance premiums, severance pay, and attendance fees (Istanbul Regional Court of Justice 45th Civil Chamber, E. 2020/1216; Ankara 1st Civil Court of Commerce, E. 2021/691).

Maintenance, Repair, and Preservation Expenses: Expenditures of a renovation nature such as the maintenance, repair, and strengthening of common areas (stairs, parking lot, green areas, pool, social facilities, etc.), elevator maintenance, roof repair, and exterior facade painting (Supreme Court 3rd Civil Chamber, E. 2017/6549; Supreme Court 18th Civil Chamber, E. 2009/3310).

Operating and Consumption Expenses: Electricity and water consumption of common areas, heating (fuel/coal, natural gas, central heating), hot water, generator expenses, and operating expenses of common facilities (Supreme Court 18th Civil Chamber, E. 2012/6030; Istanbul Anatolian 4th Civil Court of Commerce, E. 2025/364).

Cleaning and Environmental Expenses: Cleaning of common areas and the garden, garbage collection, environmental protection, and landscaping expenses (Supreme Court 23rd Civil Chamber, E. 2011/3900; Ankara 6th Civil Court of Commerce, E. 2022/719).

Administrative and Other Expenses: Administrative costs such as manager’s salary, insurance premiums for the main real estate, taxes and fees, notary, and litigation expenses (Supreme Court 20th Civil Chamber, E. 2017/163; Konya Regional Court of Appeals 6th Civil Chamber, E. 2020/2328).

In a decision by the Istanbul Regional Court of Appeals, 45th Civil Chamber, the concept of common expenses was defined quite broadly: “All expenses for the protection, maintenance, and cleaning of common areas, electricity and common water consumption for common areas, personnel expenses, S.S.K. premiums… Premiums to be paid due to the collective structure being insured for an amount to be determined by the Board of Co-Owners… generator costs… all expenses that may arise from the upkeep, maintenance, development, and beautification of mosque areas, parks, green spaces, parking lots, roads, all kinds of plants and trees, the water tank, social and sports facilities, and repair and renovation expenses…” (Istanbul RCA 45th Civil Chamber, E. 2020/1216, K. 2023/187)

3. Documents Defining the Scope of Expenses: Management Plan and General Assembly Decisions 

Although Article 20 of the Condominium Law (KMK) outlines a general framework, the specific content of dues and the method of sharing are primarily determined by the Management Plan, which serves as the “constitution” of the main immovable property. If there is no different regulation in the management plan, the provisions of the KMK apply. However, co-owners decide how much advance payment will be collected for which services by approving the operational project or accepting the budget through General Assembly Decisions. Indeed, in a first instance court decision, it was emphasized that “it is not possible for the board of directors to collect money from co-owners under the name of dues or common expenses without relying on a general assembly decision or without explicitly obtaining authorization from the general assembly” (Bakırköy 1st Civil Court of Commerce, E. 2015/809, K. 2018/795).

4. Expenses Varying According to the Nature of the Property (dues)

The scope of the dues also varies according to the nature of the property:

Timeshare Properties: In addition to standard apartment expenses, “expenses such as the supply, procurement, repair, and replacement of tools and equipment used within the apartments must also be taken into account when preparing the budget” (Istanbul Regional Court of Justice 13th Civil Chamber, E. 2023/2261, K. 2023/2103).

Shopping Malls (AVM): According to the regulation referenced in the Council of State decision, “electricity, water, heating, non-renewal maintenance and repair, security, and cleaning” expenses are considered common expenses, and a special sharing method is stipulated (Council of State 10th Chamber, E. 2016/2036, K. 2020/3052).

Cooperatives and Gated Communities: In these structures, dues are generally collected to cover more comprehensive services such as security, landscaping, and social facility operation (Ankara 8th Civil Court of Commerce, E. 2021/659, K. 2023/83).

5. Principle of Justice and Benefit in Expense Participation 

While the Supreme Court of Appeals states that a condominium owner cannot avoid participating in expenses by claiming not to need to benefit from common areas and facilities (Condominium Law Art. 20/c), it upholds the principle of justice and benefit in some cases.

Lack of Structural Possibility to Benefit: A Court of Cassation decision stated that the owner of an independent unit, whose project lacks a heating system, “cannot be held liable to contribute to heating expenses within common costs.” (Court of Cassation 18th Civil Chamber, E. 2015/5293, K. 2016/49).

Actual Non-receipt of Service: A first-instance court, despite the cooperative’s claim of providing security and water-sewage services, determined that these services were actually provided by the municipality and ruled that the defendant was not responsible for these expenses (Ankara 6th Civil Court of Commerce, E. 2022/719, K. 2024/561).

Differing Benefit Situation: The Court of Cassation emphasized the need to investigate whether collecting the same dues from workplaces of different sizes constitutes a violation of the principle of equality, and “whether members benefit equally from services covered by general expenses” (Court of Cassation 23rd Civil Chamber, E. 2011/3900, K. 2011/2715).

Conclusion

In light of the judicial decisions reviewed, the concept of “dues” is understood to be a broad term, outlined in Article 20 of the Condominium Law, encompassing all expenses necessary for the preservation, maintenance, and management of the main property. The content of dues consists of a wide variety of items such as staff salaries, maintenance, repair, and cleaning expenses for common areas, consumption expenses like electricity, water, and heating, insurance premiums, and the manager’s salary.

However, the exact scope of the common charges and the sharing ratio among unit owners are determined by the management plan specific to each main property and the decisions taken at the general assembly of unit owners. Judicial decisions aim to reach a fair outcome by taking into account the nature of the property (residence, workplace, timeshare, etc.) and the actual and structural benefit of the unit owners from the services provided, in addition to the provisions of the law and the management plan. Therefore, in case of a dispute, it is imperative to first examine the management plan and the relevant general assembly decisions to determine what is included in the common charges. An article suggestion.

Why is Tuzla Lawyer Support Necessary?

Common charge disputes can become quite complex due to technical regulations arising from the Condominium Law, management plan provisions, and different interpretations of judicial decisions. Especially, disputes that are frequently subject to litigation arise concerning participation in common expenses, the scope of common charges, land share ratios, and the obligations of unit owners.

At this point, obtaining Tuzla lawyer support is of great importance for preventing loss of rights and correctly managing disputes. An expert lawyer in this field:

Determines the scope of common charges within the framework of the Condominium Law and relevant legislation,

Clarifies the obligations of unit owners by examining the management plan and general assembly decisions,

Conducts objection and litigation processes against unfair common charge demands,

Contributes to achieving quick results in resolving disputes by using negotiation and mediation methods.

Especially in Istanbul, therefore, in regions such as Istanbul, Tuzla, Pendik, Kartal, Maltepe, Gebze, Aydınlı, Orhanlı, Tepeören, Darıca, Bayramoğlu, or Çayırova, as site and apartment living is intense, disputes arising from dues and common expenses are more frequently observed. For this reason, working with an experienced Tuzla lawyer plays a critical role in both protecting your rights and reaching a fair solution.